8F Consent Calendar 2017 1106 - Laserfiche WebLink

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Exhibit A – Page 9 of 42 B. The Buildings Supervisor or designee shall contact the Contractor by telephone, fax, or email to notify them of performance issues. The City’s Buildings Supervisor shall also notify the Contractor of written complaint(s) received from building occupants. During the normal business hours for each facility, the Contractor shall be required to respond to any major problem(s) within two (2) hours, once notified by the City’s Buildings Supervisor or designee, or be charged a deduction. C. The City’s Buildings Supervisor or designee shall maintain a file of incoming complaints whether they be written, oral, or by telephone. This file shall contain the date, time, building, name of the person making the complaint, phone number and time the Contractor was notified, or a copy of the notification letter and fax record. D. Major problems require immediate attention, and shall be responded to and corrected within two (2) hours. Examples of major problems include, but are NOT limited to: toilets not cleaned, not stocking sufficient paper products in large areas, offices not cleaned, or trash not removed, etc. The City’s Buildings Supervisor or designee shall have authority to classify a complaint as major or minor. E. Minor problems require correction during the next day’s normal clean up, however a continuing record of minor complaints shall result in a deduction. Examples of minor problems include, but are not limited to: a trash can not emptied, a small area not vacuumed, toilet paper in one stall out, etc. Failure by the Contractor to respond to specific complaints as stated above, as well as preventing continuing occurrences of such complaints, may result in deductions of invoiced payments or termination of this contract agreement. F. Failure to clean an entire building or site shall result in a separate deduction for nonperformance. After three (3) occurrences of nonperformance within a 12-month period, the City, at its discretion, may begin default proceedings. The Contractor, to handle an instance of nonperformance, shall send personnel to the missed site within two hours of notification of an event of nonperformance for immediate servicing of that location. However, this shall not relieve the Contractor of being charged the deductions or this counting towards the three occurrences. If the Contractor does not respond in two hours, the Purchasing Agent may exercise the City’s right to terminate for default. G. Contractor billing shall be done on a timely basis. The successful proposer shall submit monthly invoices for work completed in the previous month. Liquidated Damages - Failure of the Contractor to respond to problems referred to them by the City within the time limits established above shall result in the following deductions from invoiced payments: a) Major problems not responded to within the established time limits will result in a deduction of 5% of the monthly cost of cleaning the entire building; b) Minor problems not responded to within the established time limits will result in a deduction of one (1) day’s cost of cleaning for the entire building experiencing the problem (the formula to arrive at the deduction is: facility monthly cost divided by workdays in month = per day cost of cleaning that location); c) Nonperformance deductions shall be equal to 100% of the monthly charge for the missed facility; d) Continued reporting of major and minor compliance failures of 5 or more for any month will result in a 10% DEDUCTION OF THE TOTAL MONTHLY CONTRACT COST; e) Inspection reports (completed by City staff) for a one-month period will be reviewed at the first meeting of the following month. Should these inspection reports indicate an overall unsatisfactory rating for the prior month; the City will impose a 10% DEDUCTION OF THE TOTAL MONTHLY CONTRACT COST 62