Date Event

Superior Court of Tulare County – Janitorial RFP

TULARE COUNTY SUPERIOR COURT

REQUEST FOR PROPOSAL FOR

JANITORIAL SERVICES

April 13, 2009

1. PURPOSE The Superior Court of Tulare County (hereinafter referred to as Court) is accepting proposals for janitorial services for each of six court related facilities. Services are to be provided at the courthouses in Visalia, Tulare, Porterville, and Dinuba as well as the Juvenile Justice Facility and the Facilitator/Self Help Center located in Visalia. This RFP seeks to establish one comprehensive contract that will provide janitorial services to all six locations. However, bids for individual locations may be submitted for consideration. Qualified and experienced janitorial providers are encouraged to prepare and submit bids.

2. START-WORK DATE AND CONTRACT PERIOD The selected vendor(s) will be awarded a contract for a two-year period, which will commence on July 1, 2009 and shall end on June 30, 2011, with an option, by mutual agreement of the Court and the selected vendor(s), to renew for three additional one-year periods.

3. CALANDER OF EVENTS

Listed below are specific dates of action related to this RFP. In the event the Court finds it necessary to change any of the specific dates and/or times in the calendar of events listed below, it will do so by issuing a supplement to this RFP on its website at www.tularesuperiorcourt.ca.gov.

Date Event April 13, 2009 Issue date of the RFP April 25, 2009 at 9:00 am Mandatory Pre-Proposal Walkthrough & Conference May 20, 2009 at 3:00 pm Proposal Due Date June 5, 2009 (estimate) Evaluation Completed & Respondents Notified July 1, 2009 (estimate) Contract Start Date


4. BACKGROUND

The Court is soliciting proposals for janitorial services at six (6) locations in Tulare County. The Court has established its standard level of cleaning to provide both a sanitary and attractive work environment and ensure the health, welfare and safety of people who work, conduct business or visit these public buildings. The six locations are listed below:

1. Visalia Courthouse – 221 South Mooney Blvd., Visalia, CA 93291 2. Tulare Courthouse – 425 East Kern, Tulare, CA 93274 3. Porterville Courthouse – 87 East Morton, Porterville, CA 93275 4. Dinuba Courthouse – 920 South College, Dinuba, CA 93615 5. Juvenile Justice Facility – 11200 Avenue 368, Visalia, CA 93291 6. Facilitator/Self Help Center – 3400 W Mineral King, Suite A & B, Visalia, CA 93291.

5. STATEMENT OF WORK

The selected bidder (“Contractor”) shall, in a professional manner, perform the following services for the Court: A. General Scope of Services Janitorial services shall be for Superior Court of Tulare County. The successful Contractor will not be the sole janitorial service Contractor providing services in the facilities where the Tulare County Superior Court is located. Tulare County Resource Management Agency will provide janitorial services in areas not occupied by the Courts within each facility. Potential Contractors are required to visit the service locations prior to preparing their bids in order to become familiar with the work sites and their existing conditions. The Court will conduct a Mandatory Walk-Through of each facility on April 25, 2009 which will immediately be followed by the Mandatory Pre-proposal Conference. Janitorial services will be confined to the interior of the building with the exception of cleaning the exterior windows and walkways in Dinuba and Tulare and the balconies of the Visalia Courthouse. Potential Contractors are responsible for calculating and knowing cleanable square footage at the time of their walkthrough inspections to prepare their proposals. Attachment A, Schedule of Cleaning, provides a minimum frequency schedule of the cleaning tasks required. However, your proposal may indicate an increase in frequency or a specific cleaning procedure and/or change in cleaning method to ensure a high standard of cleanliness, as required in this RFP. If so, please specify in detail and provide a separate cost breakdown. Unless otherwise specified, all work shall be done outside of the Court’s regular working hours. In addition, the Contractor shall notify the Court


within 24 hours, upon finding any problem or broken fixture within any of the facilities, unless the problem or broken fixture creates a potential hazard that could cause harm to court property, employees, or court visitors. Such problems will be reported immediately. The Court will designate a Contract Manager who will oversee all contract activity and review invoices for payment. Attachment B, Janitorial Cleaning Standards, provides the cleaning standards that shall be used on a daily basis by the Contract Manager during periodic quality assurance inspections to assess the quality of cleaning performance. The Contractor must direct any questions or problems to the Contract Manager. Work performed outside the scope of the contract, or in greater quantity/frequency, shall not be payable by the Court unless prior written approval is obtained from the Contract Manager, Chief Financial Officer, Court Executive Officer or Deputy Court Executive Officer. Contractor shall, without exception, be held to the terms of the contract regarding scope of work and compensation.

1. Care of Facilities/Emergencies

The Contractor and all its employees shall regularly observe general conditions of all building areas and report problem areas. The Contractor and all its employees shall be responsible for the knowledge and use of all fire alarms and prevention equipment. In case of emergency, Contractor’s employees shall notify their supervisor, who in turn shall contact the following individuals in the following order: Court Executive Officer, Deputy Court Executive Officer, and Tulare County Sheriff’s Office 24-hour line. The Sheriff’s Office Dispatcher will notify the appropriate department to handle the problem. For non-emergency repairs, the Contractor’s supervisor shall contact the Contract Manager.

2. Safety and Product Control The Contractor will provide the Court’s designated representative with a current Material Safety Data Sheet (MSDS) binder on ALL products used by the Contractor in the provision of the services. In addition, the Contractor will provide all required MSDS information in a binder at each closet in which such products are kept and are to be used during the course of performing work. Any and all fees, which may be required by the Tulare County Environmental Health Department, relating to the storage of hazardous materials on-site, shall be paid by the Contractor. Such costs shall be incorporated into the monthly costs at each facility, and no additional compensation shall be allowed for such fees. The Contractor will handle chemicals provided at each site so as to minimize the possibility of exposure of facility occupants to acid based or caustic based materials. Whenever possible, the Contractor will provide chemicals, which are in the neutral range of the Ph scale. All chemicals used shall be pre-approved by the Court’s designated representative. All materials, which are stored in the liquid state, shall be stored on shelves not higher than three (3) feet above the floor. All products stored in secondary containers shall be properly labeled as to the contents. All unused products and empty containers shall be disposed of by the Contractor as required by federal, state and local laws and


regulations. The Contractor will provide the Court with documentation of proper disposal of all products and containers used in the performance of services.

3. Storage

The Court shall provide storage closets at all facilities where equipment and supplies can be stored. The Contractor shall keep this area organized and clean at all times.

B. Work Schedule and Staffing

Janitorial services shall be provided five (5) days per week for each Court location with the exception of court designated holidays. Most of the Court locations require an evening crew for actual janitorial services with the exception of the Dinuba Courthouse which is cleaned during the day. There will be one (1) day porter for minor janitorial services at the Visalia Courthouse. The Court may change schedules with one (1) week’s advanced notice. The Contractor shall provide a specific monthly schedule of all monthly, quarterly and semiannual services by building, giving specific dates. The schedule for the first two (2) months must be provided to Contract Manager within five (5) days from the commencement of the contract.

1. Janitorial Services Unless otherwise specified, all work shall be done Monday through Friday, outside Court’s regular working hours. However, monthly, quarterly and semi-annually tasks may be scheduled during weekends. Additionally, other janitorial duties may be performed during weekends or holidays with prior approval. An exception is noted for the Dinuba Courthouse facility, which requires the daily cleaning/maintenance to be performed during regular business hours. For those instances in which a facility may be open to the public during the weekend or evenings, the Court shall provide a schedule of hours to the Contractor.

2. Day Porter Services

In addition to evening janitorial services, the Contractor will also assign an individual to perform janitorial services for the Visalia Courthouse during the hours of 8:00 am to 5:00 p.m. (“Day Porter”). Said Day Porter must have transportation and may be called upon to provide services at other Court facilities. The Day Porter will provide minor janitorial services (i.e., clean restrooms, check common areas, emergency clean-ups, etc). Contractor shall utilize the evening janitorial crews for actual janitorial services or floor work. The Day Porter is not on-site to perform the cleaning tasks overlooked by normal evening crew but can fill in if time permits. Said Day Porter shall carry a Contractor-supplied pager in order to respond to spills and other urgent clean-ups as well as other duties that may be required by the Court. The Day Porter will ensure the high standard of cleanliness required by the Court. The Day Porter janitorial services will include, but will not be limited to:


(a) Check and evaluate all public and employee restrooms at least once a day, and if necessary, clean, sanitize, re-stock paper products, refill dispensers, and empty trash.

(b) Check and evaluate the jury assembly room and adjacent restrooms

on a continual basis when prospective jurors are present; and if necessary, clean, sanitize, re-stock paper products, refill dispensers, and empty trash.

(c) Check and clean building conference and training rooms as required. (d) Empty waste containers and replace can liners in all public areas and

lunchrooms, as needed. (e) Spot-check lobby areas and sweep as needed. (f) Report any burned-out lights. (g) Spot-check building stairwells and employee entrances for debris

and clean as needed. (h) Clean fingerprints off glass entry doors and hallway interior

windows as needed. (i) Respond to spills and emergency clean-ups. (j) Clean balconies as needed.

3. Special Assignments

Janitorial services may be requested for special events (i.e. an open house or dignitary visits) which are outside of the standard requirements and/or the normal scheduled cleaning hours outlined herein. In such instances, special arrangements will be made forty-eight (48) hours in advance and shall be for a two (2) hour minimum response. In cases where the work is outside the normal cleaning schedule, Contractor shall quote an hourly rate per person for the special assignment.

4. Emergency Cleaning There will be times when the Contractor must be called out to perform emergency cleaning request due to storms, vandalism, or extra services not covered for regular janitorial services. This may occur during business hours or after hours. The Contractor shall respond on-site within 2 hours after receiving such requests. Where a Day Porter is assigned to a complex and the request is made during normal business hours, the Day Porter shall respond within 20 minutes.

5. Infectious Spills

Contractor or Supervisor shall be notified of any infectious waste (blood, other body fluids, etc.) contamination. Contractor shall provide trained personnel for such cleanups. Materials used to cleanup such spills shall be disposed of into an approved OSHA infectious biohazards disposal bag following all guidelines established by OSHA for packaging and removal. It shall be the Contractor’s responsibility to dispose of any contaminated bags. The Contractor shall keep unused bags readily available in each janitorial


close. The Court shall require all such incidences, in any court complex, to be reported to Court Security who will secure the area until the cleanup process is completed.

6. Court Holidays

Contractor will observe the following Court holidays during which no services will be required unless prior arrangements have been made by Court:

New Year’s Day Memorial Day Thanksgiving Day Martin Luther King, Jr. Day Independence Day Day After Thanksgiving Lincoln’s Birthday Labor Day Christmas Day Presidents Day Columbus Day Cesar Chavez Day Veterans Day

7. Contractor’s Supervisor Contractor shall provide and designate a supervisor (“Supervisor”) to act as coordinator between the Court and the Contractor’s staff. Said Supervisor shall prepare a list of all personnel present for work, showing the name of each person, area of assignment and the number of hours worked by each person in each assignment, as certified by the Contractor’s time records.

8. Relief Staff for Absenteeism and Vacation

Contractor shall provide, at no additional cost to the Court, any and all relief personnel and overtime work necessary to ensure that all daily routine services and projects are performed as required under Contract. If the Supervisor is absent, the Contractor shall provide a competent replacement that has the authority to carry out the requirements of this contract. The Contractor must notify the Court of any supervisory changes.

9. Organizational Chart Contractor shall prepare an organizational chart of all personnel assigned to the Court. Said organizational chart shall show the assigned work area of each employee by position and by scheduled hours of work. Contractor shall keep said organizational chart on file and provide Court with a copy thereof, including any and all subsequent changes/updates made to said chart.

10. Telephones and Paging Access

The Contractor shall provide, at its own expense, a pager or cell phone to both the Supervisor and the Day Porter which shall be worn at all times during the performance of services. The pager or cell phone number shall be provided to the Court. Contractor and/or Supervisor shall be available to the Court at all times by telephone, cell phone or pager.


C. Work Performance Contractor shall adhere to the highest quality of the janitorial profession and shall immediately notify the Court by phone of any occurrence or condition that interferes with the full performance of Contract. Contractor shall confirm such notification in writing within 24 hours. The Contractor shall provide additional staff to complete the work required in these specifications.

1. Quality Control The Contractor shall perform an on-site inspection of each facility twice per month. An inspection form shall be completed by the Contractor showing the condition of each facility and the results of the custodial services provided. An overall facility rating of satisfactory or unsatisfactory will be provided for each inspection report. The original copy of the report shall be presented to the Court’s designated Contract Manager, one copy to the on-site facility contact person, and the Contractor shall retain one copy. A sample inspection form will be provided at the Mandatory Pre-proposal Conference.

Court Managers of each division shall prepare an in-house inspection report on a monthly basis. The in-house reports and the Contractor’s reports will be compared by the court’s designated representative noting any discrepancies. Copies will be sent to Contractor with the opportunity to discuss problems and to arrange a walk-through inspection. Areas that remain unsatisfactory shall be identified and addressed as per the Nonperformance of Services within the contract.

2. Employee Removal

Contractor shall remove from the premises of the Court, any employee of the Contractor who, in the opinion of the Court, is not performing the services in a proper manner, or who is deemed by the Court as incompetent, disorderly, abusive, dangerous, disruptive, or does not comply with rules and regulations of the Court. Contractor shall in no way interpret such removal to require dismissal or other disciplinary action of the employee.

D. Conduct Within Court Buildings

Contractor’s employees providing service to the Court will be required to comply with the following: • No janitorial employee will access any Court records, files or documents at any

time during performance of their duties. • No janitorial employee will disturb any personal items or papers on desks or work

areas. • No janitorial employee will be allowed in any area of the building other than the

area of work responsibility or authorized break or office area without previous knowledge of their Supervisor.


• No janitorial employee will use Court’s coffee, coffee break area, or equipment. A designated janitorial break area at each location will be determined.

• No janitorial employee shall use Court telephones except for logging in to their office for payroll or for an emergency. Any telephone charges verified by the Court, incurred by the Contractor’s employees, shall be billed to the Contractor.

• No janitorial employees will be accompanied in their work area by acquaintances, family members or any other non-Contractor employee.

• Janitorial employees must conduct themselves in an orderly and safe manner. Fighting, horseplay, stealing, being under the influence of alcohol or drugs or bringing alcohol or drugs onto Court property, soliciting, gambling, or any immoral or undesirable conduct is not permitted.

• No janitorial employee is permitted to collect trash such as cans, bottles, or ink cartridges for their own use out of the Court’s disposed items.

1. Dress Code

The Contractor shall ensure that all employees are clean, neat and appropriately dressed at all times during the performance of services. Contractor’s employees will be identified by shirt, blouse or smock bearing the company name or logo in print large enough to be easily read. Contractor shall be responsible for the cost of said attire/uniforms.

2. Smoking

Smoking is not permitted in Court facilities.

E. Security Requirements

1. Background Checks and Fingerprinting Contractor will have all employees working in court facilities fingerprinted via the Department of Justice “live scan” system and badged by the Tulare County Sheriff’s Department within fifteen (15) days from the start of the contract. Each employee will also have a background check by the Court. The criteria for disqualifying an employee from working at the facilities will be determined by the Court and provided to Contractor within fifteen (15) days of signing a contract. The Contractor must not assign any employees that do not meet the provided criteria. The Contractor shall be responsible for all costs associated with fingerprinting and the identification cards. The Court will be responsible for the costs associated with background checks performed by the Court.

Contractor’s employees will display the above noted badge at all times while working in court facilities. If an employee of Contractor fails to display the proper identification, the Court may require the employee to leave the facility immediately.


2. Security Rules/ identification The Contractor’s employees shall be subject to and at all times conform to the Court’s security rules and regulations and shall cooperate with all security personnel. Any violations or disregard of these rules may be cause for denial of access to Court property. The Court will issue the Contractor’s employees security access cards and picture identification badges that will allow access throughout the Courthouses where card readers are accessible. For security purposes, the Court Coordinator should be notified immediately if a security access card is lost. The Contractor shall be billed at a cost of $5.00 for any replacement of security access cards if lost after the start of this contract. Contractor shall be responsible for use of all keys and/or security cards issued to him/her. Under no circumstances shall Contractor’s employees admit anyone to areas controlled by a key in their possession. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at end of the shift to verify the areas are secured. To avoid the possibility of tracing lost keys to the premises, the Contractor shall not put identification on any keys.

6. EQUIPMENT AND SUPPLIES

A. Items provided by Contractor

All materials, supplies, products, tools, equipment, and transportation required to carry out the cleaning operations within the scope of this RFP shall be provided by the Contractor and shall meet the standards of the Federal Occupational Safety and Health Act and the State of California safety codes. In addition, the Contractor shall furnish paper towels, toilet tissue, toilet seat covers, liquid hand soap, freshener refills, and can liners. Contractor shall also be responsible for the refilling and collection of the sanitary napkin machines.

B. Items provided by the Court

Replacement of lamps in lighting fixtures and cleaning diffusers for lighting fixtures shall be performed by the Court. Light, power, hot and cold water, as may be required for Contractor’s cleaning activities, and when possible, space for storage of Contractor’s equipment, cleaning and custodial supplies shall be provided by the Court.

7. MANDATORY PRE-PROPOSAL WALKTRHOUGH AND CONFERENCE A Mandatory Pre-proposal Walkthrough and Conference to answer questions relating to this RFP will be held on April 25, 2009. The walkthrough will begin promptly at 9:00 am at the Porterville Courthouse located at 87 East Morton Avenue, Porterville, CA 93257 (map included as Attachment H, Map Showing Location of Porterville Courthouse) and continue on to the Tulare-Pixley Courthouse, the Dinuba Courthouse, the Juvenile Facility, the Family Law Facilitator and Self-Help Center, and end at the Visalia


Courthouse. Bidders must furnish their own transportation. Maps to the other facilities will be provided at the Porterville Courthouse. Immediately following the walkthrough, Court will conduct a Mandatory Pre-proposal Conference to clarify any questions that bidders may have regarding the RFP. Any clarification of RFP requirements resulting from pre-proposal Conference will be posted on the Court’s website at www.tularesuperiorcourt.ca.gov no later than the close of business on April 28, 2009. All bidders are responsible for obtaining the written questions and responses from the Court’s website. The Pre-proposal Walkthrough and Conference are mandatory; prospective proposers are required to attend in order to better understand the proposal requirements. In the event a potential proposer is unable to attend the pre-proposal walkthrough and conference, an authorized representative may attend on their behalf. A representative may only sign in for one vendor. Proposals from vendors who did not attend the pre-proposal walkthrough and conference will not be accepted and will be returned unopened. A Letter of Intent from a pre-proposal walkthrough and conference participant must be sent to the Court via email at [email protected] or mailed to Liz Campbell, Tulare Superior Court, 221 South Mooney Boulevard, Room 303, Visalia, CA 93291 no later than April 23, 2009 indicating the number of individuals (of vendor) who plan on attending the pre-proposal walkthrough and pre-proposal conference.

8. REQUESTS FOR CLARIFICATIONS OR MODIFICATIONS

Vendors interested in responding to this solicitation may submit questions on procedural matters related to the RFP or requests for clarification or modification of this solicitation document, including questions regarding the Attachment G, Contract Terms and Conditions, no later than May 8, 2009. All questions must be submitted via email at [email protected] and must contain a return email address for response. Without disclosing the source of the question or request, Court will post all questions and responses received on its website at www.tularesuperiorcourt.ca.gov no later than the close of business on May 13, 2009. All bidders are responsible for obtaining the written questions and responses from the Court’s website. Court staff will not be available to answer questions after the foregoing date.


If a vendor’s question relates to a proprietary aspect of its proposal and the question would expose proprietary information if disclosed to competitors, the vendor may submit the question in writing, conspicuously marking it as "CONFIDENTIAL." With the question, the vendor must submit a statement explaining why the question is sensitive. If the Court concurs that the disclosure of the question or answer would expose proprietary information, the question will be answered, and both the question and answer will be kept in confidence. If the Court does not concur regarding the proprietary nature of the question, the question will not be answered in this manner and the vendor will be notified.

9. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION

All materials submitted in response to this solicitation document will become the property of the Court. One copy of a submitted proposal will be retained for official files and become a public record. Any material that a vendor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act should not be included in the vendor’s proposal as it may be made available to the public. The Court’s policy is to follow the intent of the California Public Records Act (PRA). If a vendor’s proposal contains material noted or marked as confidential and/or proprietary that, in the Court’s sole opinion, meets the disclosure exemption requirements of the PRA, then that information will not be disclosed pursuant to a request for public documents. If the Court does not consider such material to be exempt from disclosure under the PRA, the material will be made available to the public, regardless of the notation or markings. If a vendor is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the PRA, then it should not include such information in its proposal.

10. PROPOSAL PREPARATION COSTS

Vendors submitting proposals do so entirely at their expense. There is no express or implied obligation by the Court to reimburse a vendor for any costs incurred in preparing or submitting proposals, providing additional information when requested by the Court, participating in any selection interviews or product demonstrations, or participating in this procurement.

11. AMBIGUITY, DISCREPANCIES, OMISSIONS If a vendor submitting a proposal discovers any ambiguity, conflict, discrepancy, omission, or other error in this solicitation document, the vendor shall immediately provide Court written notice of the problem and request that the solicitation document be clarified or modified. Without disclosing the source of the request, the Court may modify the solicitation document prior to the date fixed for submission of proposals by providing


an addendum to potential proposers by posting the addendum on the Court website at www.tularesuperiorcourt.ca.gov. If prior to the date fixed for submission of proposals a vendor submitting a proposal knows of or should have known of an error in the solicitation document but fails to notify the Court of the error, the vendor shall propose at its own risk, and if the vendor is awarded the contract, the vendor shall not be entitled to additional compensation or time by reason of the error or its later correction.

12. CONTACT WITH COURT Vendors are specifically directed NOT to contact any Court personnel or consultants for meetings, conferences, or discussions that are specifically related to this RFP at any time prior to any award of a contract. Unauthorized contact with any Court personnel or consultants may be cause for rejection of the vendor’s response.

13. RFP ADDENDA The Court may modify the solicitation document prior to the date fixed for submission of proposals by providing notice to potential proposers by posting an addendum on the Court’s website at www.tularesuperiorcourt.ca.gov. If any potential proposer determines that an addendum unnecessarily restricts its ability to propose, it must notify the Court no later than three (3) business days following the date the addendum was posted. Pricing shall reflect all addenda issued by the Court. Failure to do so will permit the Court to interpret the proposal to include all addenda issued in any resulting contract.

14. AMENDMENT OR WITHDRAWAL OF PROPOSALS A vendor may amend its proposal prior to the Proposal Due Date and time. All amendments must be in writing and received by the Court prior to the Proposal Due Date and time. A vendor may withdraw its proposal at any time prior to the Proposal Due Date and time by notifying the Court in writing of its withdrawal. Amendments or withdrawals offered in any other manner, than described above will not be considered. Proposals cannot be amended or withdrawn after the Proposal Due Date and time.

15. MISTAKE IN PROPOSAL

If prior to contract award, a proposer discovers a mistake in its proposal that renders the proposer unwilling to perform under any resulting contract, the proposer must immediately notify the Court in writing and request to withdraw the proposal. It shall be solely within the Court’s discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of “all or none” of the items, then any withdrawal must be for the entire proposal. If the solicitation provided for evaluation and


award on a line item or combination of items basis, the Court may consider permitting withdrawal of specific line item(s) or combination of items.

16. ERROR IN SUBMTTED PROPOSALS If an error is discovered in a vendor’s proposal, the Court may, at its sole option, retain the proposal and allow the proposer to submit certain arithmetic corrections. The Court may, at its sole option, allow the proposer to correct obvious clerical errors. In determining if a correction will be allowed, the Court will consider the conformance of the proposal to the format and content required by the solicitation, the significance and magnitude of the correction, and any unusual complexity of the format and content required by the solicitation. If the proposer’s intent is clearly established based on review of the complete proposal submitted, the Court may, at its sole option, allow the proposer to correct an error based on that established intent. The total price of unit-price items or individual line items will be the product of the unit or line item price and the quantity. If the unit or line item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, the unit or line item price shall be the amount obtained by dividing the “extension” price by the item quantity.

17. AUTHORIZED SIGNATURES, VALIDITY PERIOD OF PROPOSALS Proposals must include the vendor name, address, telephone and facsimile numbers, and federal tax identification number. The proposal must be signed by a duly authorized officer or employee of the vendor and include the name, title, address, and telephone number of the individual who is the proposer’s designated representative. Proposals will be valid for ninety (90) days after the Proposal Due Date specified in Section 3 (“Calendar of Events”). In the event a final contract has not been awarded by the date specified in said section, the Court reserves the right to negotiate extensions to the Proposal Validity Date.

18. KNOWLEDGE OF REQUIREMENTS The vendor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the proposal. Failure to examine any document, drawing, specification, or instruction will be at the proposer’s sole risk. Proposers shall be responsible for knowledge of all items and conditions contained in their proposals and in this RFP, including any Court issued clarifications, modifications, amendments, or addenda. The Court will provide notice to perspective proposers by posting addenda and clarifications on the Court’s website at www.tularesuperiorcourt.ca.gov; however, it is the proposer’s responsibility to ascertain that the proposal includes all addenda issued prior to the Proposal Due Date.


19. INDEPENDENCE OF PROPOSAL AND JOINT PROPOSALS Unless a proposer is submitting a joint proposal, the proposer represents and warrants that by submitting its proposal it did not conspire with any other vendor to set prices in violation of anti-trust laws. A proposal submitted by two or more vendors participating jointly in one proposal may be submitted, but one vendor must be identified as the prime contractor and the other as the subcontractor. The Court assumes no responsibility or obligation for the division of orders or purchases among joint subcontractors.

20. COVENANT AGAINST GRATUITIES Proposer warrants by signing its proposal that no gratuities, in the form of entertainment, gifts, or otherwise, were offered by the proposer or any agent, director, or representative of the proposer, to any officer, official, agent, or employee of any Court with a view toward securing award of or securing favorable treatment with respect to any determinations concerning the performance of any resulting contract. For breach or violation of this warranty, the Court will have the right to terminate any resulting contract in whole or in part. The rights and remedies of the Court provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under the resulting contract.

21. RESERVATION OF RIGHTS The Court, in its complete discretion, may eliminate proposals that have not met the minimum qualifications set forth below, or have not scored adequately in relation to other proposals to warrant further consideration. The Court reserves the right to reject any or all proposals, in whole or in part, and may or may not waive any immaterial deviation or defect in a proposal. The Court’s waiver of an immaterial deviation or defect shall in no way modify the solicitation document or excuse a vendor from full compliance with solicitation document specifications.

If a proposal fails to meet a material solicitation document requirement, the proposal may be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements of the solicitation document. Material deviations cannot be waived.

Unless otherwise specified in the solicitation, the Court may accept any item or combination of items as specified in the solicitation, of any proposal unless the proposer expressly restricts an item or combination of items in its proposal and conditions its response on receiving all items for which it provided a proposal. In the event that the proposer so restricts its proposal, the Court may consider the proposer’s restriction and evaluate whether the award on such basis will result in the best value to the Court or may


determine in its sole discretion that such restriction is non-responsive and renders the proposer ineligible for further evaluation. Proposals that contain false or misleading statements may be rejected if, in the Court’s opinion, the information was intended to mislead the Court regarding a requirement of the solicitation document.

22. REQUESTS FOR ADDITIONAL INFORMATION The Court reserves the right to seek clarification or additional information from any proposer throughout the solicitation process. The Court may require a proposer’s representative to answer questions during the evaluation process with regard to the vendor’s proposal. Failure of a proposer to demonstrate that the claims made in its proposal are in fact true may be sufficient cause for deeming a proposal non-responsive.

23. MINIMUM QUALIFICATIONS To be considered for full evaluation and possible award, proposers must first meet the threshold minimum qualification requirements listed in the following table (minimum requirements can be met by combining experience, expertise, and resources of vendor and any proposed subcontractors): No. Minimum Qualifications 1 Substantiate financial viability and stability with positive profit and loss

statements. 2 Three or more years of experience working with like-size customers with public

access buildings. 3 Vendor is not currently under suspension or debarment by any state or federal

government agency and neither vendor nor any of its proposed associates are tax delinquent with the State of California or Federal Government (See Attachment F, Vendor Certification Form).

4 Vendor must have all required licenses and permits as required to perform janitorial services.

5 General liability and worker’s compensation insurances as set forth in Attachment E, Insurance and Bond Requirements.

The proposer must state specifically in its proposal how it will comply with each minimum qualification specified above. Subject to the Court’s right in its complete discretion to waive minor deviations or defects, only those proposals that meet all of the foregoing minimum qualifications shall be considered for a full evaluation and a possible contract award.


Vendors who fail to meet any of the listed minimum qualifications will be notified in writing, and will have three (3) business days from receipt of such notification to file proof that all such qualifications are met.

24. EVALUATION CRITERIA

Proposals will be evaluated to determine the proposal or proposals that offer the best value to the Court. The evaluation will be based upon the following criteria, listed in order of descending priority. Although some factors are weighted more than others, all are considered necessary, and a proposal must be technically acceptable in each area to be eligible for award. With regards to cost, the Court reserves the right, in its sole discretion, to reject any proposal whose price is outside of the competitive range.

a. Proposed work plan b. Ability to meet time specifications as noted in this RFP c. Quality of materials proposed d. Cost/Pricing factors e. Experience on similar assignment and references f. Financial viability and stability

25. INTERVIEWS AND NEGOTIATIONS

Following the initial screening of proposals, the Court reserves the right to require, and each proposer must be prepared to conduct, oral presentations and other discussions (written or verbal) on the content of its proposal. If the Court determines that interviews or presentations are required, selected proposers will be notified in writing of the date, place, time and format of the interview or presentation. Proposers will be responsible for all costs related to the interview, which, at the Court’s sole discretion, may be in-person and/or by teleconference. Failure to participate in such interviews or presentations shall result in a proposer’s disqualification from further consideration.

26. NEGOTIATIONS If the Court desires to enter into negotiations, they will do so with one or more proposers, who have presented, in the opinion of the evaluation committee, the best proposal in an attempt to reach a contract. If the Court enters into negotiations and no contract is reached, the Court can negotiate with the other proposers or make no award under this RFP. At any time the evaluation committee can reject all proposals and make no award under this RFP. Moreover, the Court reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with vendors to gather additional information. The Court reserves the right to award a contract, if any, without negotiations.


27. PAYMENT Payment terms are specified in Attachment G, Contract Terms and Conditions, that may ensue as a result of this solicitation document. THE COURT DOES NOT MAKE ANY ADVANCE PAYMENT FOR GOODS OR SERVICES.

28. NEWS RELEASES

News releases pertaining to the award of any contract resulting from this solicitation may not be made by a vendor without the prior written approval of the Court Executive Officer.

29. AWARD OF CONTRACT Upon award, the successful proposer(s) will be required to execute a contract for Janitorial Services, substantially in the form of Attachment G (Contract Terms and Conditions), and provide Certificates of Insurance in conformance requirements set forth in said contract. The period for execution of the contract may be changed by mutual agreement of the parties. Contracts are not effective until signed by both parties.

30. PROTEST PROCEDURES The Court will process bid protests in a timely and consistent manner to assure that all prospective contractors are accorded fair and equal consideration for the award of contracts or purchase orders. Two types of protests will be accepted:

1. Protests based on defective specifications or improprieties. 2. Protests based upon award.

Prior to Submission of Bid or Proposal. Any interested party that is an actual or prospective bidder with a direct economic interest in the procurement may file a protest based on allegedly restrictive or defective specifications or the other improprieties in the solicitation process that are apparent, or should have been reasonably discovered, prior to submission of a bid or proposal. Such protest is required to be received prior to the date and time that proposals are due. After Award. Vendors submitting a proposal may protest the award based on allegations of improprieties occurring during the proposal evaluation or award period if it meets all of the following conditions:

1. The vendor has submitted a proposal that it believes to be responsive of the solicitation document.

2. The vendor believes that its proposal meets the Court's administrative requirements and technical requirements, proposes items and/or service of proven quality and performance, and offers a competitive cost to the Court.

3. The vendor believes that the Court has incorrectly selected another vendor submitting a proposal for an award.


4. Such protest is required to be received no later than five (5) business days after the protesting party knows or should have known of the facts and circumstances upon which the protest is based.

In no event shall a protest be considered if all submittals are rejected or after a contract has been executed. Form of Protest. A vendor who is qualified to protest should contact the Court Financial Officer at the address below:

Russell Bennett, CFO TULARE COUNTY SUPERIOR COURT 221 South Mooney Boulevard, Room 303 Visalia, CA 93291

1. The protest is required to be in writing and sent by certified or registered mail or

delivered personally to the address listed above. If the protest is hand-delivered, a receipt is required.

2. The protest will include the name, address, telephone and facsimile numbers of the party protesting or their representative.

3. The title of the solicitation document under which the protest is submitted will be included.

4. A detailed description of the specific legal and factual grounds of the protest and any supporting documentation will be included.

5. The specific ruling or relief requested will be stated. The Court, at its discretion, may make a decision regarding the protest without requesting further documents from the protestor. Therefore, the initial protest submittal should include all grounds for the protest and all evidence available at the time the protest is submitted. If the protestor later raises new grounds or evidence that was not included in the initial protest, but which could have been raised at that time, the Court will not consider such new grounds or new evidence. Determination of Protest Submitted Prior to Submission of Bid or Proposal: Upon receipt of a timely and proper protest based on allegedly restrictive or defective specifications or improprieties in the solicitation process that are apparent, or should have been reasonably discovered prior to the submission of a bid or proposal, the Court will provide a written determination to the protestor prior to the proposal closing date. If required, the proposal closing date may be extended to allow for a reasonable time to review the protest. If the protesting party elects to appeal the decision, the protesting party will follow the appeals process outlined below and the Court, at its sole discretion, may elect to withhold the contract award until the protest is resolved or denied or proceed with the award and implementation of the contract. Appeals Process: The Court Financial Officer's decision will be considered the final action by the Court unless the protesting firm or individual thereafter seeks an appeal of


the Court Financial Officer's decision by filing a request for appeal with the Court Executive Officer at the same address listed above within five (5) calendar days of the issuance of the Court Financial Officer's decision. The justification for appeal is limited to: (1) facts and/or information related to the protest, as previously submitted; or (2) the decision of the Court Financial Officer was in error of law or regulation. The request for appeal will include: (1) the name, address, telephone and facsimile numbers of the vendor filing the appeal or their representative; (2) a copy of the Court's decision and (3) the legal and factual basis for the appeal and the ruling or relief requested. Issues that could have been raised earlier will not be considered on appeal. Upon receipt of a request for appeal, the Court Executive Officer or his/her designee will review the request and the decision of the Court Financial Officer and will issue a final determination. The decision of the Court Executive Officer will constitute the final action of the Court. Protest Remedies: If the protest is upheld, the Court will consider all circumstances surrounding the procurement in its decision for a fair and reasonable remedy, including the seriousness of the procurement deficiency, the degree of prejudice to the protesting party or to the integrity of the competitive procurement system, the good faith of the parties, the extent of performance, the cost to the Court, the urgency of the procurement, and the impact of the recommendation(s) on the Court. The Court may recommend any combination of the following remedies:

1. Terminate the contract for convenience. 2. Re-compete the contract. 3. Issue a new solicitation. 4. Refrain from exercising options to extend the term under the contract. 5. Award a contract consistent with the statute or regulation. 6. Other such remedies as may be required to promote compliance.

Failure of the bidder to comply with these protest procedures will render a protest untimely and inadequate and may result in rejection thereof by the Court.

31. SUBMISSION OF PROPOSALS An original and four copies of the proposal must be received by the Court no later than 3:00 p.m. on May 20, 2009. Proposals should be submitted to:

Superior Court of California, County of Tulare Attention: Russell Bennett

County Civic Center, Room 303 Visalia, CA 93291

Late proposals will not be accepted or considered. The Court will not be responsible for proposals delivered to a person or location other than that specified in this RFP. All proposals shall be submitted in a sealed envelope, clearly marked with the title of the proposal and signed by the bidder. No faxes will be accepted. All responses to this RFP become the property of the Superior Court of California, County of Tulare. The Court will direct that all responses be held confidential from


parties other than the Court until the selection of the successful bidder. The Court will not be held accountable if parties other than the Court obtain material from responses, without the written consent of the bidder. After the final award has been made, all proposals shall be made available for public inspection.

32. PROPOSAL REQUIREMENTS In an effort to ensure the most efficient and economical service, the Court utilizes the Request for Proposal (RFP) process to procure Janitorial Services. This process bases the contract award on the Court’s evaluation of work history, technical experience, ability, resources and other pertinent factors of the proposer in conjunction with the total cost estimate. In order for vendors to be considered, vendor bids/proposals must include each of the following requirements:

1. A cover letter to introduce the bidder and briefly summarize the proposal.

2. A comprehensive table of contents of material included in the proposal. This index must include a clear definition of the material and be identified by sequential page numbers.

3. A detailed description of the bidder including background, experience, size and

resources, and a concise statement of the bidder’s qualifications for performing the requested services.

4. A proposed schedule for the services and days of service for all requirements

listed the RFP, including Attachment A, Schedule of Cleaning, and Attachment B, Janitorial Cleaning Standards.

5. A complete cost proposal for each facility previously listed in this RFP including

a proposed cost for “call-out services”.

6. An original signed Payee Data Record (refer to Attachment C) in lieu of IRS W-9 form.

7. References: Include a minimum of five (5) clients within the past two years.

Before submitting a proposal, all bidders shall carefully examine this RFP, visit each facility as listed in the RFP and fully inform themselves as to all existing conditions and limitations. Each bidder shall include in their proposal a sum to cover the cost of all items included in this RFP. The Court will not pay any extra compensation for any matter or thing which the bidder might reasonably have been fully informed of prior to submitting a proposal. Each bidder shall, by submitting a proposal, represent that they have read and understand the RFP and have visited each site as listed in the RFP.


33. ACCEPTANCE CONDITIONS

By submitting a proposal, the bidder affirms that he/she accepts the terms and conditions set forth in Attachment G, Contract Terms and Conditions.

34. CONTRACT TERMS AND CONDITIONS Unless vendor’s proposal outlines specific exceptions to Attachment G, Contract Terms and Conditions, vendor is presumed to have accepted the terms and conditions set forth in Attachment G. For any exceptions, vendor must submit a “redlined” version of the term or condition, showing all suggested modifications and explaining the request. The vendor’s acceptance of the Contract Terms and Conditions, with minor clarifications, will be an affirmative factor in the evaluation of the vendor’s proposal. Vendor may submit any supplemental or alternate terms and conditions that may be applicable. Although the Court will consider supplemental or alternate language proposed by a vendor, the Court will not be bound by contract language received as part of a prospective vendor’s response. If the proposer requires that the Court be bound by some or all of the vendor’s proposed contract language, the proposal may be considered non-responsive and may be rejected.

35. LIST OF ATTACHMENTS

Attachment A: Schedule of Cleaning Tasks.

Attachment B: Janitorial Cleaning Standards Attachment C: Payee Data Record Form (in lieu of IRS W-9) Attachment D: Labor Code Section 3700 Attachment E: Insurance and Bond Requirements Attachment F: Vendor Certification Form Attachment G: Contract Terms and Conditions Attachment H: Map Showing Location of Porterville Courthouse

THANK YOU FOR YOUR INTEREST IN THIS PROJECT.


ATTACHMENT A SCHEDULE OF CLEANING TASKS

FREQUENCY TASK DESCRIPTION

Daily 1. Holding cell areas 11a 2. Restrooms, public and employee, 9a 3. Wastebaskets/trash-empty all containers and reline. 6a 4. Vacuum/Sweep, all entry areas, lobbies, department reception areas, hallways 1a, 1e 6. Jury Assembly Room, vacuum and clean as needed 2a, 6a 7. Jury rooms and jury restrooms, evaluate and clean as needed 6a, 9a, 2a 8. Drinking fountains-clean, disinfect and polish 3d 9. Graffiti, remove all marks and writing (as needed) 3b 10. Public Telephones (clean and disinfect) 3e

Twice Weekly 1. Carpet and mats-vacuum , traffic areas 2a

2. Glass and windows, building entrances, lobby areas public counters, stairways 4a 3. Public seating – dust 5a 4. Flooring, vinyl, linoleum or concrete floors, damp or wet mop 1b 5. Stone, marble, slate, granite, ceramic tile, travertine floors damp or wet mop 1f 6. Clean-up outside area, Dinuba 3f

Weekly 1. Stairways, Interior 7b 2. Break rooms, sinks and floors 10a, 10b 3. Dusting-courtrooms, judges' chambers, jury assembly room 5a 4. Carpet and mats (vacuum all areas, including edges and corners) 2b

Monthly 1. Carpet spot cleaning, if necessary 2e 2. Stairways, balustrades and railings, dust and wipe 7a 3. walls, doors and molding, remove fingerprints, smudges and dirt 3c 4. doors and entrances, clean and polish, remove fingerprints and smudges 3a 5. Dusting - all table tops, office areas, training rooms, filing cabinets and shelving 5a 6. Dusting - high dusting, All areas 5b 7. Venetian blinds (mini) - wipe down and clean 5b 8. HVAC vented, diffusers and ceiling tiles - clean all 8h 9. Light Switches (clean and disinfect) 8f 10. Glass and windows, interior only 4b

Quarterly 1. Carpet spot cleaning with bonnet, if required 2e 2. Vinyl and linoleum - clean and wax floors - traffic area 1c 3. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs 1g 4. Wood fixtures – polish 8c 5. Wooden furniture, clean and polish 8a 6. Janitorial closets-clean, organize, stock and keep odor free 12a 7. Light Fixtures - clean all 8g 8. Glass and window, Exterior Tulare 4b


FREQUENCY TASK DESCRIPTIONSemi-

Annually 1. Vinyl and linoleum - strip completely and wax 1d 2. Carpet clean, all areas 2d, 2c 3. Wastebasket/trash containers - wash and disinfect 6b 4. Formica and metal desks ( clean all) 8b 5. upholstered chairs and sofas - dust vacuum & spot clean 8d 6. fabric, furniture, wall and partitions - vacuum & spot clean 8e


ATTACHMENT B JANITORIAL CLEANING STANDARDS

1. Flooring

a. Vinyl, linoleum, or concrete floors (sweep)–with an anti-dust mop. b. Vinyl, linoleum, or concrete floors (damp or wet mop)–use warm water

with good-quality cleaner that leaves no visible or sticky cleaner residue when dry. Rinse, if necessary, with clear, warm water and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors as required.

c. Vinyl and linoleum (clean and wax floors – traffic areas)–Dust entire

floor and corners with treated mop, damp mop and remove any spots or stains. Allow flooring to dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of complete stripping process.

d. Vinyl and linoleum–strip completely and wax.

e. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs–

sweep.

f. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (damp mop)–With good-quality cleaner recommended for marble, slate, granite, ceramics and travertine on a dedicated mop. The floors shall be free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards.

g. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs

(strip, seal)–Apply stripping solution, machine scrub (conventional machine) and wet vacuum stripping. This shall be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water. When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards to be free of moisture and residue. Polish as needed.

2. Carpeting

a. Carpet and mats (Vacuum traffic areas)–These areas are main entries, lobbies, public service areas, offices, areas where food is consumed and main corridors. Move all chairs, trash cans and other easily removed items and vacuum underneath them. Hand-wipe baseboards.


b. Carpet and mats (vacuum all areas, including edges and corners)–with an industrial powered vacuum cleaner and inspect for spots. Remove as recommended with an approved industrial-grade spot remover that leaves no visible residue following the manufacturer’s recommendation completely. Report to the Court Coordinator or his designee all tears, burns, unraveling or other damage. Move all chairs trash cans and other easily removed items and vacuum underneath them. Hand-wipe baseboards.

c. Carpet Clean (traffic areas)–These areas are main entries at all doors,

elevator lobbies, and elevators and where food is consumed, main corridors in building and open lobby areas. Spot clean as needed with good-quality cleaner and/or solvent, hot water steam and vacuum extraction.

d. Carpet Clean (all areas)–Vacuum all areas to be cleaned. Spot clean as

needed with good-quality cleaner and/or solvent, hot water steam and vacuum extraction. Cover wet traffic areas with paper until dry. Use ventilating fans to hasten drying in heavy-use areas. Use water-resistant coated pads under furniture.

e. Carpet spot cleaning–As necessary, using Bonnet if required to remove

stains. 3. Doors and Entrances

a. Doors and entrances (clean and polish)–Clean and polish interior and exterior surfaces to a eight of 10’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas. Cleaning of doors and entrances shall extend the full distance of the entrance front as seen.

b. Graffiti (remove all marks and writing)–Remove from all interior

surfaces (doors & walls). If unable to remove graffiti, call Court Coordinator and leave a message. Indicate your name, location of the building, floor and area where the graffiti is located.

c. Walls, doors and molding (spot clean)–Remove any all fingerprints,

smudges, dirt or accumulations from these areas as seen and on a regular basis.

d. Drinking Fountains–Clean, disinfect and polish.

e. Public Telephones (clean and disinfect)–Clean and disinfect all public telephones and enclosure walls. Remove all graffiti from phones and


surrounding area. If unable to remove graffiti, call Court Coordinator and give location and phone number.

f. Outside sidewalks and porches–pick-up litter and sweep sidewalks.

4. Glass and Windows

a. Glass and windows (building entrances, lobby areas, public counters, staircases, and glass building fronts)–Clean all interior and exterior glass surfaces to a height of 10’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas as seen and on a regular basis. Cleaning of glass areas shall include window and door frames and shall extend the full distance of the entrance as seen.

b. Glass and windows, interior and exterior (all areas, including

skylights, glass blocks)–Clean all interior glass and window surfaces: Remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas as seen. Cleaning shall include window frames and ledges.

5. Dusting

a. Dusting–Remove all accumulated dust, dirt, debris and cobwebs from the surfaces, corners, crevices of all shelving, office desks, bookcases, tables, courtrooms, judge’s chambers, partition tops, window ledges, baseboards and seating in public areas. Use treated mops and cloths to help prevent the redistribution of same, into the air. Desktops shall be dusted only if papers have been removed.

b. Dusting (high dusting)–Remove all accumulated dust, dirt and debris

from the surfaces, corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds. Use treated mops and cloths to help prevent the redistribution of same in the air. Remove cobwebs inside rooms, corners and ceilings.

6. Wastebaskets/Trash/Recycle

a. Wastebaskets / Recycle Program (empty and reline)–Empty and reline wastebaskets with plastic liners when dirty, ripped or damaged with plastic liners of appropriate size and strength. Replace plastic liners on a monthly basis regardless of condition. Remove all other boxes, cardboard and containers to the designated dumpster. Breakdown all cardboard boxes before discarding in dumpster. For areas that employ the Recycle Bin program, Contractor shall empty containers underneath desks


workstations to the main recycle bin designated in that area and restock any recycle bins as needed.

b. Wastebasket/trash containers (wash and disinfect)–Clean and disinfect

all wastebaskets and trash containers in all interior and exterior locations. 7. Stairwells, Exterior and Interior

a. Staircases, balustrades and railings (dust and wipe)–Dust and wipe all staircase areas, including all railings and areas around and underneath stairs. Vacuum carpeted areas and spot clean carpet.

b. Stairwells–Sweep, damp mop and spot clean.

8. Courtrooms/Chambers/Jury Rooms/All Offices/Training Rooms/Conference Rooms

a. Wooden Furniture (Clean and Polish)–Clean and polish all wooden furniture with approved polish. Do not disturb any paperwork on desks, tables and files.

b. Formica and Metal Desks (clean all)–tables, stands, chairs, filing

cabinets, locker tops and fronts. Do not disturb paperwork.

c. Wood fixtures (polish)–Including walls, doors, handrails and all accents.

d. Upholstered Furniture–Dust, vacuum and spot clean.

e. Fabric, furniture or carpeted wall coverings (dust and/or vacuum, spot clean)–With a soft brush, dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where a traffic pattern is evident. Spot clean areas per manufacturer’s specifications for wall covering. Damp wipe vinyl; cloth fabrics require chemical cleaner to remove spots.

f. Light switches (clean and disinfect)–Use a damp cloth to remove all

smudges, fingerprints and dirt. Apply disinfectant.

g. Light fixtures (clean all)–Dust all with treated cloth. Vacuum and damp wipe, if necessary, to remove all accumulated dust and dirt.

h. HVAC vents, diffusers and ceiling tiles (clean all)–Vacuum and clean

with disinfectant. Vacuum immediate ceiling tiles and areas.


9. Restrooms

a. Restrooms (clean, disinfect, restock supplies)–Clean and disinfect all urinals, toilets partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace disposal bags and plastic trash liners. Clean mirrors (to be streak-free). Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to the Court Coordinator, or his designee, all lights that are not working properly.

10. Kitchen Areas

a. Kitchen/break-room floors–Mop all kitchen floors with disinfectant. Refinish, if necessary, to maintain original appearance.

b. Kitchen/break-room sinks, tabletops and counters (wash and disinfect)– Include all kitchen tabletops in area.

l1. Holding Cells

a. Clean and disinfect all walls, floors, ceilings, fixtures, toilets/sinks. 12. Janitorial Closets/Break Rooms/Office Area

a. Clean, organize, stock and keep odor-free.


ATTACHMENT C

1

Legal

Name

INDIVIDUAL/SOLE PROPRIETOR PARTNERSHIP

CORPORATION LIMITED LIABILITY COMPANY

CORPORATION - LEGAL EXEMPT

CORPORATION - MEDICAL OTHER ______________________________________

SOCIAL SECURITY NUMBER

California Resident - Qualified to do business in California or maintains place of business

4 Cali fornia Nonresident - Payments to nonresidence for services may be subject to State Income Tax

Resident No services performed in California

Status Copy of Franchise Tax Board waiver of State Withholding attached

Account Information for ACH Credit (Direct Deposit)

5 Checking Savings

Optional 9 Digit Routing # | | | | | | | | | | ______________________________

Re-enter Routing #I (we) herby authorize the State of California, to initiate credit entries to my (our) account at the depository f inancial inst itution indicated above and to credit the same such

account. I (we) herby authorize the Sate of California to withdrawal from the designated account all amounts deposited electronically in error.

6

Signature

ARBITRATOR GENERAL (MISC) VOLUNTEER

CONTRACTOR GRAND JURY OTHER ______________________

COURT APPT. COUNCIL INTEREST PAYMENT ONLY SUBMIT COMPLETED FORM TO:[email protected]

COURT REPORTER INTERPRETER

EMPLOYEE MEDIATOR PAYMENT TERMS ______________

Requirement to Complete Payee Data RecordA completed Payee Data Record (in lieu of the IRS W-9) is required for payments and will be kept on file at the Administrative Office of the Courts.

Since each state agency with which you do business must have a separate Payee Data Record on file, it is possible for a payee to receive

this form from various State Agencies.

DATE

VENDOR REPRESENTATIVE'S NAME (Type or Print)

Name of Financial Institution ______________________________

TITLE

Re-enter Account # _______________________________| | | | | | | | | |

TELEPHONEVENDOR SIGNATURE

PLEASE CHECK APPROPRIATE BOX

CITY, STATE, ZIP CODECITY, STATE, ZIP CODE

| | | | - | | | - | | | | |OR

Please choose from the AOC Vendor category below to help us expedite payment

SECTION 7 TO BE COMPLETED BY COURT

7

Vendor #

AOC PHOENIX Revised FY Updated 01/28/08 Form V1

(Required when receiving payments from the Judicial Council of California in lieu of IRS W-9)

INSTRUCTIONS: Complete all information on this form. Sign, date, and return to court providing form. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by State agencies to prepare Information returns(1099). See Page two for more information and Privacy Statement.

PAYEE DATA RECORD (in lieu of IRS W-9)

SECTION 1 THRU 6 TO BE COMPLETED BY VENDOR

E-MAIL ADDRESS

3 Check

One Box Only

2 Payee Entity Type

PAYEE'S LEGAL NAME - AS SHOWN ON FEDERAL INCOME TAX RETURN

BUSINESS NAME - IF DIFFERENT FROM ABOVE

(SSN required for ALL Sole Proprietors)

MAILING ADDRESS BUSINESS ADDRESS

EMPLOYER IDENTIFICATION NUMBER

| | | - | | | | | | | |

FOR AOC USE ONLY

I hereby certify under the penalty of perjury that the information provided on this document is true and correct. Should my information change, I will promptly notify the State agency below.

Account #

Court Contact Name Phone Number

Assigned By:


ATTACHMENT D

California Labor Code Section 3700

Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. (c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702. For purposes of this section, "state" shall include the superior courts of California.


ATTACHMENT E

INSURANCE AND BOND REQUIREMENTS 1. Insurance Requirements. 1.1 Time for Compliance. Contractor shall not commence the services under this Agreement until it has provided evidence satisfactory to Court that it has secured all insurance required under this provision. 1.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Contractor, its agents, representatives, employees or subcontractors. Such insurance shall meet at least the following minimum levels of coverage:

A. Commercial General Liability. Commercial General Liability Insurance written on an occurrence form with limits of not less than $1,000,000 per occurrence, and a $1,000,000 per annual aggregate limit of liability. Contractor may satisfy these limits through any combination of primary, excess, or umbrella liability insurance. Each policy must include coverage for liabilities arising out of premises, operations, independent contractors, products and completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance must apply separately to each insured against whom a claim is made or lawsuit is brought, subject only to the insurance policy’s limit of liability.

B. Commercial Automobile Liability. Automobile liability insurance with

limits of not less than $1,000,000 per accident. Such insurance must cover liability arising out of a motor vehicle, including owned, hired, and non-owned motor vehicles, assigned to or used in connection with the services.

C. Workers’ Compensation. Statutory workers’ compensation insurance,

including special coverage extensions, for all of Contractor’s employees who will be engaged in the performance of the Services, and employer’s liability with limits not less than $1,000,000 for each accident, $1,000,000 as the aggregate disease policy limit, and $1,000,000 as the disease limit for each employee.

D. Contractor will maintain, or cause to be maintained the insurance required

under this provision to be issued by an insurance company or companies that are rated “A-VII” or higher by A. M. Best’s key rating guide, and are approved to do business in the State of California.


E. For all insurance policies required by the Agreement, Contractor will be

responsible for reimbursement of any deductible to its insurer. Contractor will administer any self-insurance program in a commercially reasonable manner that ensures sufficient funds are available to cover all losses Contractor must insure against under the terms of this provision.

F. Before commencement of the services, Contractor shall provide Court with

certificates of insurance, on forms acceptable to Court, as evidence that all required insurance is in full force and effect. The certificates of insurance must include evidence of the following:

a. For the insurance required under sections 1.2.A and 1.2.B, evidence

that Court, the Judicial Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents and employees, have been added as additional insureds on the insurance policy being referenced. In this agreement, “Judicial Branch Personnel” means members, judges, judicial officers, subordinate judicial officers, directors, officers, employees, agents, consultants, and volunteers of a “Judicial Branch Entity”, which has the meaning stated in Government Code sections 900.3 and 940.3, which includes the Superior Courts of California, the Judicial Council, and the Administrative Office of Courts.

b. For the insurance required under sections 1.2.A and 1.2.B, an

endorsement evidencing that the insurance is primary and non-contributing with any insurance, self-insurance, or other risk management program maintained by Court, the Judicial Council of California, Administrative Office of the Courts, Judicial Branch Personnel, or County of Tulare, its political subdivisions and their respective officers, agents, and employees;

c. For all insurance required under this provision, an endorsement that

the insurance will not be materially changed or cancelled without 30 days notice to Court; and

d. For all insurance required under this provision, the dollar amount of

any self-insured retention or deductible will be specified on the applicable certificate of insurance.

G. The Certificates of Insurance shall be addressed as follows:


Tulare County Superior Court Attention: Liz Campbell 221 South Mooney Blvd. #303 Visalia, CA 93291

H. If any of the required insurance policies expire during the term of the

Agreement, Contractor shall immediately renew or replace the required insurance and provide a new certificate of insurance to Court. Contractor shall ensure that any renewal insurance certificates are tendered to Court at least 10 days after the expiration of the expiring insurance policy.

I. The insurance required by sections 1.2.A and 1.2.B, as well as any excess

liability or umbrella liability insurance that Contractor maintains in compliance with the terms of this provision, must include Court, the Judicial Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents, and employees, as additional insureds, but only with respect to liability assumed by Contractor under the terms of the Agreement or liability arising out of the performance of the services.

J. Contractor waives any right of subrogation it may have against Court, the

Judicial Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents, and employees, for liability arising out of the Services performed by Contractor under the Agreement, and Contractor will require any insurer providing insurance required under sections 1.2.A and 1.2.B to do the same.

K. Contractor is responsible for and may not recover from Court, the Judicial

Council, Administrative Office of the Courts, Judicial Branch Personnel, or County of Tulare, its political subdivisions and their respective officers, agents, and employees, any deductible or self-insured retention that is connected to the insurance required under this provision.

L. If Contractor fails to keep in effect at all times the specified insurance

coverage, Court may, in addition to any other remedies it may have, declare Contractor to be in breach and withhold all payments until the breach is cured, or terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.


M. Court reserves the right to request certified copies of any of the insurance policies required under this provision.

2. Bond Requirements.

During the entire term of the Agreement, Contractor shall furnish and maintain in force a Crime Insurance or Fidelity Bond covering the dishonest acts of employees furnished by Contractor. The limit shall not be less than $50,000 each occurrence. Such Crime Insurance or Fidelity Bond shall cover each employee of Contractor performing services under the Agreement. The lack of the applicable coverage mentioned herein or the insurance carrier’s determination that the coverage does not extend to a particular employee shall not relieve Contractor of liability for the dishonest acts of its employees.


ATTACHMENT F

VENDOR CERTIFICATION FORM

I certify that neither __________________________________________ (Proposer) nor any of its proposed associates are currently under suspension or debarment by any state or federal government agency and that neither Proposer nor any of its proposed associates are tax delinquent with the State of California. I have listed all contracts with government or commercial customers during the three years preceding submission of this Proposal.

I acknowledge that if Proposer or any of its associates subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Proposer or any of its associates subsequently become delinquent in California taxes, our Proposal may be disqualified.

______________________________ Signature

______________________________ Printed Name

______________________________ Title

______________________________ Date


VENDOR CERTIFICATION FORM (CONTINUED)

List of all Contracts with Government or Commercial Customers During the Three Years Preceding Submission of This Proposal


ATTACHMENT G

CONTRACT TERMS AND CONDITIONS This Agreement is made and entered into this 1st day of July 2009 by and between the TULARE COUNTY SUPERIOR COURT, hereinafter referred to as COURT, and _______________________________________________________________________, hereinafter referred to as CONTRACTOR.

Recitals WHEREAS, COURT has invited proposals for the furnishing of janitorial services to be provided at specific locations; and

WHEREAS, CONTRACTOR has submitted such a proposal; and WHEREAS, COURT and CONTRACTOR have reached agreement on all matters of negotiation with respect to COURT’S invitation and CONTRACTOR’S proposal and both desire to reduce the results of said negotiations to writing in the form of this Agreement. COURT and CONTRACTOR agree as follows:

Agreement

1. TERM AND SCOPE OF SERVICES 1.1 Term. The term of this Agreement is two years commencing on July 1, 2009 and ending June 30, 2011, unless extended or earlier terminated as provided herein. 1.2 Extension of Term. COURT and CONTRACTOR, upon mutual written agreement, may extend the term of this Agreement for up to three consecutive one-year periods. 2. IDENTIFICATION OF COURT FACILITIES CONTRACTOR shall provide janitorial services to the areas identified in Exhibit “B” (Description of Facilities) for each of the facilities listed below. Each facility consists of all COURT departments utilizing space within that facility, and may also include other non-Court agencies and shared space within the facility.

a) Visalia Courthouse – 221 South Mooney Blvd., Visalia, CA 93291 b) Tulare Courthouse – 425 East Kern, Tulare, CA 93274 c) Porterville Courthouse – 87 East Morton, Porterville, CA 93275 d) Dinuba Courthouse – 920 South College, Dinuba, CA 93615 e) Juvenile Justice Facility – 11200 Avenue 368, Visalia, CA 93291


f) Facilitator/Self Help Center – 3400 W Mineral King, Suite A & B, Visalia, CA 93291; and

3. SCHEDULE OF CLEANING TASKS CONTRACTOR shall provide janitorial services at each facility, as described in Exhibit “B” (Description of Facilities), and in compliance with the task and frequency schedule outlined in Exhibit “C” (Schedule of Cleaning Tasks). CONTRACTOR must obtain prior written approval before performing any work (special assignment/request) that is outside the fixed scope of this contract. Such approval may only be given by the Contract Manager, Chief Financial Officer, Court Executive Officer or Deputy Executive Officer. Within fifteen (15) days of signing this agreement, CONTRACTOR shall furnish COURT’S designated representative with a work schedule of the custodial services to be provided for each location. Thereafter, if CONTRACTOR desires to change the work schedule, it shall be submitted to the designated representative for approval no less than thirty (30) days prior to its taking effect at any facility. 4. WORKING HOURS FOR CONTRACTOR Unless otherwise specified, all work shall be done outside COURT’S regular working hours. Monthly, quarterly, semi-annual, and annual tasks may be scheduled on weekends if they cannot be done during the regular week night hours. An exception is noted for the Dinuba Courthouse facility, which requires the daily cleaning/maintenance to be performed during regular business hours. For those instances in which a facility may be open to the public during the weekend or evenings, the COURT shall provide a schedule of hours to the CONTRACTOR. In addition, CONTRACTOR shall cause one person to be on-site Monday through Friday from 8:00 a.m. to 5:00 p.m. at the Visalia Courthouse. This person shall carry a CONTRACTOR supplied pager in order to respond to spills and other urgent clean-ups as well as other duties that may be required by COURT. This person must have transportation and may be called to provide services at other COURT facilities. 5. CONTRACTOR’S RESPONSE TIME CONTRACTOR must maintain a 24-hour business phone or telephone answering service for the purpose of receiving COURT messages in an efficient and timely manner. Emergency Call Out Service: CONTRACTOR shall initiate clean up in response to all emergency calls as soon as possible, but not later than 60 minutes after receiving the call. COURT agrees to provide compensation for a minimum 2 hours based on the fees set forth in Exhibit “A” (Cost Schedule) for such emergency call out services.


Non-Emergency Response Times: CONTRACTOR shall respond to all messages regarding incomplete or defective work as soon as possible, but not later than 4 hours after receiving COURT’S message or 12:00 noon on the same business day, whichever is later. In all instances, remedial work shall be completed no later than the start of the next business day after being notified of incomplete or defective work. If remedial work is not satisfactorily completed by the start of the next business day or if there is a pattern of repeated necessity for remedial work, CONTRACTOR may be subject to deductions as set forth in paragraph 19 below. In addition, if CONTRACTOR fails or refuses to perform any part of the work required by this Agreement within the response time, COURT may contract with an outside source or may use COURT personnel to perform that work, and may deduct all costs of any such work from the monthly amount due to CONTRACTOR. 6. HOLIDAYS CONTRACTOR is not obligated to perform services on Court Holidays with the exception of Emergency Call Out Services as referred to in paragraph 5above. 7. BADGES AND FINGERPRINTING CONTRACTOR must have all employees working in court facilities fingerprinted via the Department of Justice “live scan” system and badged by the Tulare County Sheriff’s Department within fifteen (15) days from the start of this Agreement. If CONTRACTOR fails to have all employees processed within this time limit, payment for services rendered may be withheld. Each employee will also have a background check by COURT. The criteria for disqualifying an employee from working at the facilities will be determined by COURT and provided to CONTRACTOR within fifteen (15) days of signing this agreement. CONTRACTOR must not assign any employees that do not meet the provided criteria. CONTRACTOR shall be responsible for all costs associated with fingerprinting and the identification cards until this agreement ends. COURT shall be responsible for the costs associated with background checks. CONTRACTOR must display the above noted badge at all times while working in court facilities. If CONTRACTOR fails to display the proper identification, COURT may require CONTRACTOR to leave the facility immediately. The services that have not been performed may be subject to the Schedule of Deductions. 8. FACILITY CHANGES In the event facilities are added to or deleted from the scope of work during the term of this Agreement, or in the event of changes to Exhibit “C” (Schedule of Cleaning Tasks), the CONTRACTOR’S work schedule and COURT’S payment obligations will be adjusted accordingly. Additions, deletions, and changes will be accomplished only by amendment to this Agreement with the written concurrence of COURT and CONTRACTOR. 9. ITEMS TO BE PROVIDED BY CONTRACTOR All materials, supplies, products, tools, equipment, and transportation required to carry out the cleaning process within the scope of this agreement shall be furnished by CONTRACTOR. All products used shall be of the best quality and shall be harmless to the surfaces on which they are used and shall meet the standards of the Federal Occupational Safety and Health Act and the State of California safety codes. Products to be supplied by CONTRACTOR, include, but are not


limited to, toilet tissue, hand towels, hand soap for the dispensers, floor cleaning materials, trash can liners, cleansers, dusting polish, toilet seat covers, freshener refills, sanitary napkins, and all entry mats. 10. ITEMS TO BE PROVIDED BY COURT Replacement of lamps in lighting fixtures shall be performed by COURT. Light, power, hot and cold water, as may be required for CONTRACTOR’S cleaning activities, and when possible, space for the storage of CONTRACTOR’S equipment and supplies shall be provided by COURT. 11. NOTIFICATION OF PROBLEMS BY CONTRACTOR CONTRACTOR shall notify COURT within 24 hours, upon finding any problem or broken fixture within any of the facilities, unless the problem or broken fixture creates a potential hazard that could cause harm to COURT property, employees, or COURT visitors. Such problems will be reported immediately. 12. SECURITY AND KEY CONTROL CONTRACTOR shall be responsible for use of all keys and/or security cards issued to CONTRACTOR by COURT. Under no circumstances shall CONTRACTOR admit anyone to areas controlled by a key in their possession. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at end of shift to verify the areas are secured. Any lost keys or need for additional keys shall be promptly reported to or requested of the COURT’S designated representative. To avoid the possibility of tracing lost keys to the premises, the CONTRACTOR shall not put identification on any keys. 13. QUALITY OF CONTRACTOR’S WORK All work shall be performed in a manner equal to and in accordance with the standards indicated in Exhibit “D” (Janitorial Cleaning Standards). All work shall be performed by experienced custodians directly employed and supervised by CONTRACTOR. 14. INSPECTION AND REPORTS CONTRACTOR shall perform an on-site inspection of each facility twice per month. A Custodial Inspection Report Form shall be completed by CONTRACTOR showing the condition of each facility and the results of the custodial services provided. An overall facility rating of satisfactory or unsatisfactory will be provided for each inspection report. The original copy of the report shall be presented to COURT’S designated representative, one copy shall be presented to the on-site facility contact person, and CONTRACTOR shall retain one copy. CONTRACTOR shall present the inspection reports by the fifteenth of the next month for review. Court Mangers of each division shall prepare an in-house inspection report on a monthly basis. The in-house reports and the Contractor’s reports will be compared by the Court’s designated representative noting any discrepancies. Copies will be sent to Contractors with the opportunity to discuss problems and to arrange a walk-through inspection. 15. COMMUNICATIONS FROM COURT EMPLOYEES CONTRACTOR shall instruct all employees of CONTRACTOR that they shall not respond to


questions, suggestions or instructions from COURT employees, other than the COURT’S designated representative(s). If it is determined that CONTRACTOR has taken direction by responding to questions, suggestions or instructions from COURT employees, other than the COURT’S designated representative(s), and that as a result, work required under this Agreement is incomplete or unsatisfactory, the work may be subject to a withholding as set forth in paragraph 18 below. 16. SAFETY AND PRODUCT CONTROL Prior to beginning work under this Agreement, CONTRACTOR shall provide COURT’S designated representative with a current Material Safety Data Sheet (MSDS) binder on ALL products used by CONTRACTOR in the provision of the services required by this Agreement. In addition, CONTRACTOR shall provide all required MSDS information in a binder at each closet in which such products are kept and are to be used during the course of performing work. Any and all fees, which may be required by the Tulare County Environmental Health Department, relating to the storage of hazardous materials on-site, shall be paid by CONTRACTOR. Such costs shall be incorporated into the monthly costs at each facility, and no additional compensation shall be allowed for such fees. CONTRACTOR shall handle chemicals provided at each site so as to minimize the possibility of exposure of facility occupants to acid based or caustic based materials. Whenever possible, CONTRACTOR shall provide chemicals, which are in the neutral range of the Ph scale. All chemicals used shall be pre-approved by COURT’S designated representative. All materials, which are stored in the liquid state, shall be stored on shelves not higher than three (3) feet above the floor. All products stored in secondary containers shall be properly labeled as to the contents. All unused products and empty containers shall be disposed of by CONTRACTOR as required by federal, state and local laws and regulations. CONTRACTOR shall provide COURT with documentation of proper disposal of all products and containers used in the performance of services under this agreement. 17. COURT’S RIGHT TO INSPECT WORK Court Executive Officer or her designated representative may make unannounced inspections at any and all times during CONTRACTOR’S work hours to determine if CONTRACTOR’S services comply with the terms of this Agreement. Any adverse findings shall be reported to CONTRACTOR for correction in accordance with the time limits specified in paragraph 5 above. Inspections shall be documented utilizing the Custodial Inspection Report Form. The original copy of the report shall be presented to CONTRACTOR and COURT shall retain one copy. Inspections receiving an overall evaluation of unsatisfactory may be subject to a withholding as set forth in paragraph 18 below. 18. PAYMENT FOR SERVICES COURT shall pay CONTRACTOR for satisfactory services that have been provided as required in this Agreement. CONTRACTOR shall submit an invoice no more often than monthly containing detail sufficient to allow COURT to determine if all reported work was done in accordance with the terms of this Agreement. All required inspection reports must be provided to COURT prior to payment. Billings for emergency call out services should include a detailed description as to the date, time, and nature of the emergency. COURT will pay CONTRACTOR within thirty (30) days following COURT’S approval of the amount requested. Payment shall be based on the fees set forth in Exhibit “A” (Cost Schedule).


Except as expressly provided in Exhibit “A” (Cost Schedule), CONTRACTOR shall not be entitled to nor receive from COURT any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. 19. UNSATISFACTORY WORK Work not completed in accordance with the requirements of this Agreement, or work not performed following notification by COURT that the work did not meet the requirements of this Agreement, shall be considered unsatisfactory and payment may be withheld until the work has been corrected. Additionally, prior to receipt of payment, CONTRACTOR will be required to correct any unsatisfactory work that is identified during COURT’S inspections, conducted in accordance with paragraph 17 above, or where CONTRACTOR’S inspection performed in accordance with paragraph 14 above identifies unsatisfactory work. Four consecutive overall ratings of unsatisfactory during an inspection for a facility or a pattern of overall ratings of unsatisfactory may be considered a material breach of this Agreement. 20. AUDIT; RETENTION OF RECORDS CONTRACTOR shall maintain complete and accurate records with respect to the services rendered and the costs incurred under this agreement. All such records shall be prepared in accordance with generally accepted accounting procedures, shall be clearly identified, and shall be kept readily accessible. CONTRACTOR shall provide access to such records upon request to the Tulare County Superior Court Finance Officer and to his agents and representatives, for the purpose of auditing and/or copying such records for a period of five (5) years from the date of final payment under this Agreement. 21. INDEPENDENT CONTRACTOR STATUS This Agreement is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COURT. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this agreement that they are not employees, agents or officers of COURT. CONTRACTOR shall be solely responsible for determining the means and methods of performing the required services, and COURT shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. Notwithstanding this independent contractor relationship, COURT shall have the right to monitor and evaluate the performance of CONTRACTOR to assure compliance with the requirements of this Agreement. 22. INSURANCE, BONDS AND WORKERS COMPENSATION 22.1 Time for Compliance. CONTRACTOR shall not commence the services under this Agreement until it has provided evidence satisfactory to COURT that it has secured all insurance and bonds required under in Exhibit “E” Insurance and Bond Requirements.


23. TERMINATION 23.1 Termination of Agreement. COURT may, by written notice to CONTRACTOR, terminate all or any part of this Agreement at any time and with or without cause by giving written notice to CONTRACTOR of at least thirty (30) days of such termination and specifying the effective date of such termination, CONTRACTOR will be compensated only for those Services which have been adequately rendered as determined by COURT, and CONTRACTOR shall be entitled to no further compensation. CONTRACTOR may not terminate this Agreement except for cause. 23.2 Effect of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination contract activities. 24. INDEMNIFICATION CONTRACTOR shall defend (with counsel satisfactory to the Administrative Office of the Courts), indemnify and hold COURT, the Judicial Council, the Administrative Office of the Courts, and their respective judges, judicial officers, subordinate judicial officers, members, employees, agents, consultants and volunteers (each, an Indemnified Party) harmless from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, related or incident to the performance of services under this Agreement by CONTRACTOR, its personnel, officials, officers, employees, agents, consultants, contractors, and subcontractors, including without limitation, the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except to the extent the cause is from the negligence or willful misconduct of an Indemnified Party. CONTRACTOR shall reimburse the Indemnified Party for any and all legal expenses and costs incurred by the Indemnified Party in connection with enforcing the indemnity herein provided. CONTRACTOR’S obligation to indemnify shall not be restricted to insurance proceeds, if any, received by any Indemnified Party. 25. ENTIRE AGREEMENT REPRESENTED This Agreement represents the entire agreement between CONTRACTOR and COURT as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified, waived or repealed without the written consent of both parties.


26. NOTICES Except as may be otherwise required by law, any notice given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid and addressed as follows: COURT: Superior Court of the State of California, Tulare County 221 South Mooney Boulevard, Room 303 Visalia, CA 93291 (Phone No: (559) 730-5000 x1290) (Fax No: (559) 737-4290) CONTRACTOR: Notice delivered personally or sent by facsimile transmission is deemed to be received upon receipt. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph. 27. HEADINGS Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings. 28. CONSTRUCTION This Agreement reflects the contributions of both parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any uncertainty. 29. NO THIRD PARTY BENEFICIARIES INTENDED Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. 30. GOVERNING LAW This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this Agreement shall be brought in Tulare County, California. 31. REMEDIES; WAIVERS All remedies set forth in this Agreement are cumulative. The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.


32. EXHIBITS AND RECITALS The Recitals and Exhibits “A”, “B”, “C”, “D”, and “E” to this Agreement are fully incorporated into and are integral parts of this Agreement. Each Exhibit shall be initialed by both parties to this Agreement. 33. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY This Agreement is subject to all applicable laws and regulations. If any provisions of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect. 34. FURTHER ASSURANCES Each party agrees to execute any additional documents and to perform any further acts, which may be reasonably required to affect the purposes of this Agreement.

35. ASSURANCES OF NON-DISCRIMINATION CONTRACTOR expressly agrees that it will not discriminate in employment or the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by state or federal law or regulation. 36. DISPLACED JANITOR OPPORTUNITY ACT CONTRACTOR shall comply with the requirements of the Displaced Janitor Opportunity Act Chapter 4.5 (commencing with Section 1060) to Part 3 of Division 2 of the Labor Code. 37. CLEANING OF BLOOD OR OTHER BODY FLUIDS CONTRACTOR shall be responsible to determine and implement a cleaning methodology and use of an appropriate disinfectant to clean up blood or other body fluids so as to ensure compliance with the Occupational Safety and Health Administration (OSHA). 38. REQUIRED LICENSES, CERTIFICATES, AND PERMITS Any licenses, certificates, or permits required by the federal, state, county, or municipal governments for CONTRACTOR to provide the services and work described in this Agreement must be procured by CONTRACTOR and be valid at the time CONTRACTOR enters into this Agreement. Further, during the term of this Agreement, CONTRACTOR must maintain such licenses, certificates, and permits in full force and effect. Licenses, certificates, and permits may include but not be limited to driver’s licenses, professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and maintained in force by CONTRACTOR at no expense to COURT.


39. ASSIGNMENT This is an Agreement for services of CONTRACTOR. COURT has relied upon the skills, knowledge, experience, and training of CONTRACTOR as an inducement to enter into this Agreement. CONTRACTOR shall not assign or subcontract this Agreement without the express written consent of COURT. Further, CONTRACTOR shall not assign any monies due or to become due under this Agreement without prior written consent of COURT.


EXHIBIT “A”

COST SCHEDULE

FACILITY MONTHLY AMOUNT Visalia Courthouse Tulare Courthouse Porterville Courthouse Dinuba Courthouse Juvenile Justice Facility Visalia Day Porter

Total Monthly Costs

Superior Court of Tulare County – RFP for Janitorial Services

EXHIBIT “B” DESCRIPTION OF FACILITIES

The Court is contracting with Contractor to clean those areas described below as being cleaned by the Court. VISALIA COURTHOUSE – 221 S MOONEY BLVD. VISALIA, CA 93291 Court All of its occupied offices and courtrooms All common areas on the second and third floors. Building public stairwell from the first through the third floor. Employee stairwells in the west wing, first through the third floor. Floors and railing of the glass enclosed public stairwell located on the south side of the building. Basement landing through third floor. Balconies on west wing. County All of its occupied offices All common areas on the first floor and the basement Building public stairwells from the basement to the first floor Elevators Exterior windows Exterior and interior windows of the glass enclosed public stairwell located on the south side of the building. Provide janitorial closets on the second and third floors to the Court. TULARE COURTHOUSE – 425 EAST KERN, TULARE, CA 93274 Court First Floor, all court occupied space and all common area. Basement, Courtroom, restrooms and File Room Exterior windows (quarterly) and walkways County First Floor, Sheriff’s Office and Public Defender Basement, Common areas including the stairwells PORTERVILLE COURTHOUSE – 87 EAST MORTON, PORTERVILLE, CA 93275 Court All offices and common area on first floor Court’s file room on second floor


County Sheriff’s Office Second Floor, county offices Stairwells and Elevator Exterior window and walkways DINUBA COURTRHOUSE – 920 SOUTH COLLEGE, DINUBA, CA 93615 Court Court will clean entire area including the County occupied space. The County will provide a janitorial closet to the Court Exterior windows (quarterly) and walkways JUVENILE JUSTICE FACILITY – 11200 AVE 368, VISAIA, CA 93291 Court Court occupied areas and all common space and the public stairwell leading to the second floor including the new hallway, J206 and J298. Windows of the Atrium facing the waiting areas on the second floor only County CWS occupied space, the children’s room and attorney room. Exterior windows of the atrium Exterior windows of the facility Provide a janitorial closet to the court. FACILITATOR/SELF HELP CENTER 3400 W MINERAL KING, SUITE A & B, VISALIA, CA 93291 Court Lobby, offices, and break room Restrooms are maintained by the landlord


EXHIBIT “C” SCHEDULE OF CLEANING TASKS

FREQUENCY TASK DESCRIPTION

Daily 1. Holding cell areas 11a 2. Restrooms, public and employee, 9a 3. Wastebaskets/trash-empty all containers and reline. 6a 4. Vacuum/Sweep, all entry areas, lobbies, department reception areas, hallways 1a, 1e 6. Jury Assembly Room, vacuum and clean as needed 2a, 6a 7. Jury rooms and jury restrooms, evaluate and clean as needed 6a, 9a, 2a 8. Drinking fountains-clean, disinfect and polish 3d 9. Graffiti, remove all marks and writing (as needed) 3b 10. Public Telephones (clean and disinfect) 3e

Twice Weekly 1. Carpet and mats-vacuum , traffic areas 2a

2. Glass and windows, building entrances, lobby areas public counters, stairways 4a 3. Public seating – dust 5a 4. Flooring, vinyl, linoleum or concrete floors, damp or wet mop 1b 5. Stone, marble, slate, granite, ceramic tile, travertine floors damp or wet mop 1f 6. Clean-up outside area, Dinuba 3f

Weekly 1. Stairways, Interior 7b 2. Break rooms, sinks and floors 10a, 10b 3. Dusting-courtrooms, judges’ chambers, jury assembly room 5a 4. Carpet and mats (vacuum all areas, including edges and corners) 2b

Monthly 1. Carpet spot cleaning, if necessary 2e 2. Stairways, balustrades and railings, dust and wipe 7a 3. walls, doors and molding, remove fingerprints, smudges and dirt 3c 4. doors and entrances, clean and polish, remove fingerprints and smudges 3a 5. Dusting - all table tops, office areas, training rooms, filing cabinets and shelving 5a 6. Dusting - high dusting, All areas 5b 7. Venetian blinds (mini) - wipe down and clean 5b 8. HVAC vented, diffusers and ceiling tiles - clean all 8h 9. Light Switches (clean and disinfect) 8f 10. Glass and windows, interior only 4b

Quarterly 1. Carpet spot cleaning with bonnet, if required 2e 2. Vinyl and linoleum - clean and wax floors - traffic area 1c 3. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs 1g 4. Wood fixtures – polish 8c 5. Wooden furniture, clean and polish 8a 6. Janitorial closets-clean, organize, stock and keep odor free 12a 7. Light Fixtures – clean all 8g 8. Glass and window, Exterior Tulare 4b

Semi- 1. Vinyl and linoleum - strip completely and wax 1d


FREQUENCY TASK DESCRIPTIONAnnually

2. Carpet clean, all areas 2d, 2c 3. Wastebasket/trash containers - wash and disinfect 6b 4. Formica and metal desks ( clean all) 8b 5. upholstered chairs and sofas - dust vacuum & spot clean 8d 6. fabric, furniture, wall and partitions - vacuum & spot clean 8e


EXHIBIT “D” JANITORIAL CLEANING STANDARDS

1. Flooring

h. Vinyl, linoleum, or concrete floors (sweep)–with an anti-dust mop. i. Vinyl, linoleum, or concrete floors (damp or wet mop)–use warm water with

good-quality cleaner that leaves no visible or sticky cleaner residue when dry. Rinse, if necessary, with clear, warm water and clean mop. Wipe any and all baseboards free of moisture and dirt. Protect all wall surfaces. Buff all tile floors as required.

j. Vinyl and linoleum (clean and wax floors – traffic areas)–Dust entire floor and

corners with treated mop, damp mop and remove any spots or stains. Allow flooring to dry completely. Apply wax in traffic areas only, feathering out to corners. Corners shall be waxed only as part of complete stripping process.

k. Vinyl and linoleum–strip completely and wax.

l. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs–sweep.

m. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (damp

mop)–With good-quality cleaner recommended for marble, slate, granite, ceramics and travertine on a dedicated mop. The floors shall be free of dust, dirt, cleaning material residue, streaks, mop strands, grease, and spills and thoroughly maintained to present an acceptable gloss. Protect all walls from splashing and wipe off any moisture or chemicals from all baseboards.

n. Stone, marble, slate, granite, ceramic tile, travertine floors, stairs (strip,

seal)–Apply stripping solution, machine scrub (conventional machine) and wet vacuum stripping. This shall be followed by an application of a neutralizer rinse, followed by a damp mopping with clear water. When floor is dry, apply finish or sealer. Protect all wall finishes and wipe down all baseboards to be free of moisture and residue. Polish as needed.

3. Carpeting

a. Carpet and mats (Vacuum traffic areas)–These areas are main entries, lobbies, public service areas, offices, areas where food is consumed and main corridors. Move all chairs, trash cans and other easily removed items and vacuum underneath them. Hand-wipe baseboards.

b. Carpet and mats (vacuum all areas, including edges and corners)–with an

industrial powered vacuum cleaner and inspect for spots. Remove as recommended with an approved industrial-grade spot remover that leaves no


visible residue following the manufacturer’s recommendation completely. Report to the Court Coordinator or his designee all tears, burns, unraveling or other damage. Move all chairs trash cans and other easily removed items and vacuum underneath them. Hand-wipe baseboards.

c. Carpet Clean (traffic areas)–These areas are main entries at all doors, elevator

lobbies, and elevators and where food is consumed, main corridors in building and open lobby areas. Spot clean as needed with good-quality cleaner and/or solvent, hot water steam and vacuum extraction.

d. Carpet Clean (all areas)–Vacuum all areas to be cleaned. Spot clean as needed

with good-quality cleaner and/or solvent, hot water steam and vacuum extraction. Cover wet traffic areas with paper until dry. Use ventilating fans to hasten drying in heavy-use areas. Use water-resistant coated pads under furniture.

e. Carpet spot cleaning–As necessary, using Bonnet if required to remove stains.

3. Doors and Entrances

g. Doors and entrances (clean and polish)–Clean and polish interior and exterior surfaces to a eight of 10’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas. Cleaning of doors and entrances shall extend the full distance of the entrance front as seen.

h. Graffiti (remove all marks and writing)–Remove from all interior surfaces

(doors & walls). If unable to remove graffiti, call Court Coordinator and leave a message. Indicate your name, location of the building, floor and area where the graffiti is located.

i. Walls, doors and molding (spot clean)–Remove any all fingerprints, smudges,

dirt or accumulations from these areas as seen and on a regular basis.

j. Drinking Fountains–Clean, disinfect and polish.

k. Public Telephones (clean and disinfect)–Clean and disinfect all public telephones and enclosure walls. Remove all graffiti from phones and surrounding area. If unable to remove graffiti, call Court Coordinator and give location and phone number.

l. Outside sidewalks and porches–pick-up litter and sweep sidewalks, Dinuba

location only.


4. Glass and Windows

c. Glass and windows (building entrances, lobby areas, public counters, staircases, and glass building fronts)–Clean all interior and exterior glass surfaces to a height of 10’, removing any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas as seen and on a regular basis. Cleaning of glass areas shall include window and door frames and shall extend the full distance of the entrance as seen.

d. Glass and windows, interior and exterior (all areas, including skylights, glass

blocks)–Clean all interior glass and window surfaces: Remove any and all fingerprints, smudges, dirt, cobwebs, insects, grease, oils or accumulations from these areas as seen. Cleaning shall include window frames and ledges.

5. Dusting

b. Dusting–Remove all accumulated dust, dirt, debris and cobwebs from the surfaces, corners, crevices of all shelving, office desks, bookcases, tables, courtrooms, judge’s chambers, partition tops, window ledges, baseboards and seating in public areas. Use treated mops and cloths to help prevent the redistribution of same, into the air. Desktops shall be dusted only if papers have been removed.

b. Dusting (high dusting)–Remove all accumulated dust, dirt and debris from the

surfaces, corners, crevices, light fixtures, partition tops, window ledges, door frames, jambs, and blinds. Use treated mops and cloths to help prevent the redistribution of same in the air. Remove cobwebs inside rooms, corners and ceilings.

6. Wastebaskets/Trash/Recycle

a. Wastebaskets/Recycle Program (empty and reline)–Empty and reline wastebaskets with plastic liners when dirty, ripped or damaged with plastic liners of appropriate size and strength. Replace plastic liners on a monthly basis regardless of condition. Remove all other boxes, cardboard and containers to the designated dumpster. Breakdown all cardboard boxes before discarding in dumpster. For areas that employ the Recycle Bin program, Contractor shall empty containers underneath desks workstations to the main recycle bin designated in that area and restock any recycle bins as needed.

b. Wastebasket/trash containers (wash and disinfect)–Clean and disinfect all

wastebaskets and trash containers in all interior and exterior locations.


7. Stairwells, Exterior and Interior

c. Staircases, balustrades and railings (dust and wipe)–Dust and wipe all staircase areas, including all railings and areas around and underneath stairs. Vacuum carpeted areas and spot clean carpet.

d. Stairwells–Sweep, damp mop and spot clean.

8. Courtrooms/Chambers/Jury Rooms/All Offices/Training Rooms/Conference Rooms

i. Wooden Furniture (Clean and Polish)–Clean and polish all wooden furniture with approved polish. Do not disturb any paperwork on desks, tables and files.

j. Formica and Metal Desks (clean all)–tables, stands, chairs, filing cabinets,

locker tops and fronts. Do not disturb paperwork.

k. Wood fixtures (polish)–Including walls, doors, handrails and all accents.

l. Upholstered Furniture–Dust, vacuum and spot clean.

m. Fabric, furniture or carpeted wall coverings (dust and/or vacuum, spot clean)–With a soft brush, dust all fabric and/or carpeted walls to maintain a neat and clean appearance. Vacuum all areas where a traffic pattern is evident. Spot clean areas per manufacturer’s specifications for wall covering. Damp wipe vinyl; cloth fabrics require chemical cleaner to remove spots.

n. Light switches (clean and disinfect)–Use a damp cloth to remove all smudges,

fingerprints and dirt. Apply disinfectant.

o. Light fixtures (clean all)–Dust all with treated cloth. Vacuum and damp wipe, if necessary, to remove all accumulated dust and dirt.

p. HVAC vents, diffusers and ceiling tiles (clean all)–Vacuum and clean with

disinfectant. Vacuum immediate ceiling tiles and areas. 9. Restrooms

a. Restrooms (clean, disinfect, restock supplies)–Clean and disinfect all urinals, toilets partitions and plumbing. Damp mop floors with disinfectant. Clean and polish chrome and stainless fixtures. Clean, disinfect and deodorize interior and exterior of sanitary napkin depositories. Replace disposal bags and plastic trash liners. Clean mirrors (to be streak-free). Install disinfectant in floor drains and deodorizers in urinals. Fill all dispensers (soap, toilet paper, seat covers, paper towels, sanitary supplies and deodorizers). Inspect lighting for satisfactory operation. Report to the Court Coordinator, or his designee, all lights that are not working properly.


10. Kitchen Areas

a. Kitchen/break-room floors–Mop all kitchen floors with disinfectant. Refinish, if necessary, to maintain original appearance.

b. Kitchen/break-room sinks, tabletops and counters (wash and disinfect)– Include all kitchen tabletops in area.

l1. Holding Cells

a. Clean and disinfect all walls, floors, ceilings, fixtures, toilets/sinks. 12. Janitorial Closets/Break Rooms/Office Area

a. Clean, organize, stock and keep odor-free.


EXHIBIT “E” INSURANCE AND BOND REQUIREMENTS

1. Insurance Requirements. 1.1 Time for Compliance. Contractor shall not commence the services under this Agreement until it has provided evidence satisfactory to Court that it has secured all insurance required under this provision. 1.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by Contractor, its agents, representatives, employees or subcontractors. Such insurance shall meet at least the following minimum levels of coverage:

N. Commercial General Liability. Commercial General Liability Insurance written on an occurrence form with limits of not less than $1,000,000 per occurrence, and a $1,000,000 per annual aggregate limit of liability. Contractor may satisfy these limits through any combination of primary, excess, or umbrella liability insurance. Each policy must include coverage for liabilities arising out of premises, operations, independent contractors, products and completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance must apply separately to each insured against whom a claim is made or lawsuit is brought, subject only to the insurance policy’s limit of liability.

O. Commercial Automobile Liability. Automobile liability insurance with limits of not

less than $1,000,000 per accident. Such insurance must cover liability arising out of a motor vehicle, including owned, hired, and non-owned motor vehicles, assigned to or used in connection with the services.

P. Workers’ Compensation. Statutory workers’ compensation insurance, including

special coverage extensions, for all of Contractor’s employees who will be engaged in the performance of the Services, and employer’s liability with limits not less than $1,000,000 for each accident, $1,000,000 as the aggregate disease policy limit, and $1,000,000 as the disease limit for each employee.

Q. Contractor will maintain, or cause to be maintained the insurance required under this

provision to be issued by an insurance company or companies that are rated “A-VII” or higher by A. M. Best’s key rating guide, and are approved to do business in the State of California.

R. For all insurance policies required by the Agreement, Contractor will be responsible

for reimbursement of any deductible to its insurer. Contractor will administer any self-insurance program in a commercially reasonable manner that ensures sufficient funds are available to cover all losses Contractor must insure against under the terms of this provision.


S. Before commencement of the services, Contractor shall provide Court with

certificates of insurance, on forms acceptable to Court, as evidence that all required insurance is in full force and effect. The certificates of insurance must include evidence of the following:

a. For the insurance required under sections 1.2.A and 1.2.B, evidence that

Court, the Judicial Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents and employees, have been added as additional insureds on the insurance policy being referenced. In this agreement, “Judicial Branch Personnel” means members, judges, judicial officers, subordinate judicial officers, directors, officers, employees, agents, consultants, and volunteers of a “Judicial Branch Entity”, which has the meaning stated in Government Code sections 900.3 and 940.3, which includes the Superior Courts of California, the Judicial Council, and the Administrative Office of Courts.

b. For the insurance required under sections 1.2.A and 1.2.B, an endorsement

evidencing that the insurance is primary and non-contributing with any insurance, self-insurance, or other risk management program maintained by Court, the Judicial Council of California, Administrative Office of the Courts, Judicial Branch Personnel, or County of Tulare, its political subdivisions and their respective officers, agents, and employees;

c. For all insurance required under this provision, an endorsement that the

insurance will not be materially changed or cancelled without 30 days notice to Court; and

d. For all insurance required under this provision, the dollar amount of any self-

insured retention or deductible will be specified on the applicable certificate of insurance.

T. The Certificates of Insurance shall be addressed as follows:

Tulare County Superior Court Attention: Liz Campbell 221 South Mooney Blvd. #303 Visalia, CA 93291

U. If any of the required insurance policies expire during the term of the Agreement,

Contractor shall immediately renew or replace the required insurance and provide a new certificate of insurance to Court. Contractor shall ensure that any renewal


insurance certificates are tendered to Court at least 10 days after the expiration of the expiring insurance policy.

V. The insurance required by sections 1.2.A and 1.2.B, as well as any excess liability or

umbrella liability insurance that Contractor maintains in compliance with the terms of this provision, must include Court, the Judicial Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents, and employees, as additional insureds, but only with respect to liability assumed by Contractor under the terms of the Agreement or liability arising out of the performance of the services.

W. Contractor waives any right of subrogation it may have against Court, the Judicial

Council, Administrative Office of the Courts, Judicial Branch Personnel, and County of Tulare, its political subdivisions and their respective officers, agents, and employees, for liability arising out of the Services performed by Contractor under the Agreement, and Contractor will require any insurer providing insurance required under sections 1.2.A and 1.2.B to do the same.

X. Contractor is responsible for and may not recover from Court, the Judicial Council,

Administrative Office of the Courts, Judicial Branch Personnel, or County of Tulare, its political subdivisions and their respective officers, agents, and employees, any deductible or self-insured retention that is connected to the insurance required under this provision.

Y. If Contractor fails to keep in effect at all times the specified insurance coverage,

Court may, in addition to any other remedies it may have, declare Contractor to be in breach and withhold all payments until the breach is cured, or terminate this Agreement upon the occurrence of such event, subject to the provisions of this Agreement.

Z. Court reserves the right to request certified copies of any of the insurance policies

required under this provision.

2. Bond Requirements. During the entire term of the Agreement, Contractor shall furnish and maintain in force a Crime Insurance or Fidelity Bond covering the dishonest acts of employees furnished by Contractor. The limit shall not be less than $50,000 each occurrence. Such Crime Insurance or Fidelity Bond shall cover each employee of Contractor performing services under the Agreement. The lack of the applicable coverage mentioned herein or the insurance carrier’s determination that the coverage does not extend to a particular employee shall not relieve Contractor of liability for the dishonest acts of its employees.


ATTACHMENT H

MAP SHOWING LOCATION OF PORTERVILLE COURTHOUSE

Date Event

Business

Transcript of Date Event