recommendation · manos janitorial, inc. (principal: otto rodriguez, president; location: oakland)...

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ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY LEAD POISONING PREVENTION PROGRAM Chris Bazar Agency Ditedor MarkG.Allen DiteC/or 2000 Embarcadero Suite 300 Oakland California 94606-5300 phone 510.567.8282 fax 510.567.8272 www. aclppp.org Agenda Item ___ April 24, 2012 April 10, 2012 Honorable Board of Supervisors Administration Building Oakland, California 94612 Dear Board Members: SUBJECT: AUTHORIZE AMENDMENT NO.1 TO PROCUREMENT CONTRACT NO. 5582 WITH MANOS JANITORIAL, INC. RECOMMENDATION: Approve and execute Amendment No.1 to Procurement Contract No. 5582 with Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential properties with no changes to the contract period of September 15, 2010 to September 14,2013 and increase the contract amount from $34,000 to $59,000 (a $25,000 increase). DISCUSSION/SUMMARY: On September 14,2010, your Board approved Procurement Contract No. 5582 with Manos Janitorial, Inc. to provide environmental treatment and safety device installation services in residential propelties under the direction of the Community Development Agency's (CDA) Lead Poisoning Prevention Department (LPPD). These services are palt of required activities under a U.S. Department of Housing and Urban Development (HUD) three-year grant, in the amount of $875,000, to provide healthy housing assessment, education, and interventions to low-income families with children and adolescents diagnosed with asthma or respiratory distress. The average cost of healthy housing interventions for projects has been higher than initially estimated due to the number of hazards identified and addressed in client homes. The LPPD is seeking to provide environmental treatments and safety device installation in the 25 units needed to complete the grant objective. Staff is requesting an increase in the contract with Manos Janitorial, Inc. to complete the healthy housing interventions in the remaining units. I I I ! , I , , , i i ! I t t i I I

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Page 1: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY LEAD POISONING PREVENTION PROGRAM

Chris Bazar Agency Ditedor

MarkGAllen DiteCor

2000 Embarcadero Suite 300

Oakland California

94606-5300

phone 5105678282

fax 5105678272

www aclppporg

Agenda Item ___ April 24 2012

April 10 2012

Honorable Board of Supervisors Administration Building Oakland California 94612

Dear Board Members

SUBJECT AUTHORIZE AMENDMENT NO1 TO PROCUREMENT CONTRACT NO 5582 WITH MANOS JANITORIAL INC

RECOMMENDATION

Approve and execute Amendment No1 to Procurement Contract No 5582 with Manos Janitorial Inc (Principal Otto Rodriguez President Location Oakland) to perform environmental treatment and safety device installation services in residential properties with no changes to the contract period of September 15 2010 to September 142013 and increase the contract amount from $34000 to $59000 (a $25000 increase)

DISCUSSIONSUMMARY

On September 142010 your Board approved Procurement Contract No 5582 with Manos Janitorial Inc to provide environmental treatment and safety device installation services in residential propelties under the direction of the Community Development Agencys (CDA) Lead Poisoning Prevention Department (LPPD) These services are palt of required activities under a US Department of Housing and Urban Development (HUD) three-year grant in the amount of $875000 to provide healthy housing assessment education and interventions to low-income families with children and adolescents diagnosed with asthma or respiratory distress

The average cost ofhealthy housing interventions for projects has been higher than initially estimated due to the number ofhazards identified and addressed in client homes The LPPD is seeking to provide environmental treatments and safety device installation in the 25 units needed to complete the grant objective Staff is requesting an increase in the contract with Manos Janitorial Inc to complete the healthy housing interventions in the remaining units

I I I I i i I t t i I

I

Board of Supervisors April 102012 Page 2

SELECTION CRITERIA AND PROCESS

The US Department ofHousing and Urban Development (RUD) Healthy Homes demonstration grant included funds earmarked for conducting environmental treatments following assessment ofthe unit and education to the occupants The LPPD does not have the required in-house capacity to carry out these interventions A Request for Proposal (REP) based on Alameda County specifications was issued on June 1 2010 Manos Janitorial Inc ofOakland and Community Energy Services Corp ofBerkeley and Kifle Construction Inc ofOakland were selected to provide these services The Department received Federal SLEB Waiver F382 for the contract amendment with Manos Janitorial Inc

Kifle Construction Inc chose to cancel its contract Community Energy Services Corp will continue to provide environmental treatment and safety device installation services to the LPPD and has a SUfficient contract balance to complete the interventions projected for them

Manos Janitorial Inc however is currently approaching its contract maximum There are sufficient funds remaining in the $875000 grant to increase this contract

FINANCING

The fimds for this amendment are provided by US Department of Housing and Urban Development (BUD) and are included in the approved FY 2011-2012 budget and would be included in FY 2012-13 and FY 2013-14 There will be no Net County Cost as a result ofthis action

Very truly yours

-- () ~ l2C~Direc~ Community Development Agency

cc Susan Muranishi County Administrator Patrick OConnell Auditor-Controller Donna R Ziegler County Counsel Louie Martirez County Administrators Office William Fleishhacker Office of the County Counsel UB Singh CDA Finance Director Mark Allen CDA Lead Director

Procurement Contract No 5582

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement (First Amendment) is made by the County

ofAlameda (County) and Manos Janitorial Inc (Contractor) with respect to that

certain agreement entered by them on September 152010 (referred to herein as the

Agreement) pursuant to which Contractor provides Environmental Treatment and

Safety Device Installation s~rvices to County

WHEREAS the services provided by the Contractor under the Agreement require

additional work that was not anticipated at the time the County and the Contractor entered

into the Agreement and

WHEREAS the County and the Contractor desire to amend the Agreement to

provide for additional compensation for the additional work required

THEREFORE for valuable consideration the receipt and sufficiency of which are

hereby acknowledged County and Contractor agree as follows

1 Page 1 ofthe Agreement is amended by deleting the last sentence The

compensation payable to Contractor hereunder shall not exceed (Thirty Four

Thousand Dollars) ($34000) for the term of the Agreement and replacing it with

The compensation payable to Contractor hereunder shall not exceed (Fifty Nine

Thousand Dollars) ($59000) for the term ofthe Agreement

2 Paragraph 20 of the General Terms and Conditions ofthe Agreement is amended

to read as follows TERMINATION The County has and reserves the right to

suspend terminate or abandon the execution of any work by the Contractor

without cause at any time upon giving to the Contractor prior written notice In the

event that the County should abandon terminate or suspend the Contractors work

the Contractor shall be entitled to payment for services provided hereunder prior to

the effective date of said suspension termination or abandonment Said payment

Procurement Contract No 5582

shall be computed in accordance with the Revised Exhibit B hereto provided that

the maximum amount payable to Contractor for its Environmental Treatment and

Safety Device Installation Services shall not exceed $59000 payment for services

provided hereunder prior to the effective date of said suspension termination or

abandonment

3 Exhibit B to the Agreement is replaced with the Revised Exhibit B attached to this

First Amendment

4 Except as expressly modified by this First Amendment all ofthe terms and

conditions ofthe Contract are and remain in full force and effect

5 DEBARMENf AND SUSPENSION CERTIFICATION

a By signing this First Amendment and Exhibit D Debarment and

Suspension Certification ContractorGrantee agrees to comply with

applicable federal suspension and debarment regulations including but not

limited to 7 Code ofFederal Regulations (CFR) 301635 28 CFR 663529

CFR 973534 CFR 8035 45 CFR 9235 and Executive Order 12549

b By signing this First Amendment Contractor certifies to the best of its

knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment

declared ineligible or voluntary excluded by any federal department

or agency

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations debarred

suspended declared ineligible or voluntarily excluded from

participation in such transaction

-------------------------

Procurement Contract No

IN WITNESS WIIEREOF the parties hereto have executed this First Amendment to the Agreement as of the day and year first above written

COUNTY OF ALAMEDA

Signature

Name (Printed)

Title President of the Board of Supervisors

Approved as to F orrn Donna R Ziegler

By ~ 5----shyWilliam M Fleishhacker Deputy County Counsel

MANOS JANITORIAL INC

Name Otto Rodriguez (Printed)

Title President -- shy

By signing above signatory warrants and represents that heshe executed this Agreement in hislher authorized capacity and that by hislher signature on middot this Agreement heshe or the entity upon behalf ofwhich heshe acted executed this Agreement

I I

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 2: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Board of Supervisors April 102012 Page 2

SELECTION CRITERIA AND PROCESS

The US Department ofHousing and Urban Development (RUD) Healthy Homes demonstration grant included funds earmarked for conducting environmental treatments following assessment ofthe unit and education to the occupants The LPPD does not have the required in-house capacity to carry out these interventions A Request for Proposal (REP) based on Alameda County specifications was issued on June 1 2010 Manos Janitorial Inc ofOakland and Community Energy Services Corp ofBerkeley and Kifle Construction Inc ofOakland were selected to provide these services The Department received Federal SLEB Waiver F382 for the contract amendment with Manos Janitorial Inc

Kifle Construction Inc chose to cancel its contract Community Energy Services Corp will continue to provide environmental treatment and safety device installation services to the LPPD and has a SUfficient contract balance to complete the interventions projected for them

Manos Janitorial Inc however is currently approaching its contract maximum There are sufficient funds remaining in the $875000 grant to increase this contract

FINANCING

The fimds for this amendment are provided by US Department of Housing and Urban Development (BUD) and are included in the approved FY 2011-2012 budget and would be included in FY 2012-13 and FY 2013-14 There will be no Net County Cost as a result ofthis action

Very truly yours

-- () ~ l2C~Direc~ Community Development Agency

cc Susan Muranishi County Administrator Patrick OConnell Auditor-Controller Donna R Ziegler County Counsel Louie Martirez County Administrators Office William Fleishhacker Office of the County Counsel UB Singh CDA Finance Director Mark Allen CDA Lead Director

Procurement Contract No 5582

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement (First Amendment) is made by the County

ofAlameda (County) and Manos Janitorial Inc (Contractor) with respect to that

certain agreement entered by them on September 152010 (referred to herein as the

Agreement) pursuant to which Contractor provides Environmental Treatment and

Safety Device Installation s~rvices to County

WHEREAS the services provided by the Contractor under the Agreement require

additional work that was not anticipated at the time the County and the Contractor entered

into the Agreement and

WHEREAS the County and the Contractor desire to amend the Agreement to

provide for additional compensation for the additional work required

THEREFORE for valuable consideration the receipt and sufficiency of which are

hereby acknowledged County and Contractor agree as follows

1 Page 1 ofthe Agreement is amended by deleting the last sentence The

compensation payable to Contractor hereunder shall not exceed (Thirty Four

Thousand Dollars) ($34000) for the term of the Agreement and replacing it with

The compensation payable to Contractor hereunder shall not exceed (Fifty Nine

Thousand Dollars) ($59000) for the term ofthe Agreement

2 Paragraph 20 of the General Terms and Conditions ofthe Agreement is amended

to read as follows TERMINATION The County has and reserves the right to

suspend terminate or abandon the execution of any work by the Contractor

without cause at any time upon giving to the Contractor prior written notice In the

event that the County should abandon terminate or suspend the Contractors work

the Contractor shall be entitled to payment for services provided hereunder prior to

the effective date of said suspension termination or abandonment Said payment

Procurement Contract No 5582

shall be computed in accordance with the Revised Exhibit B hereto provided that

the maximum amount payable to Contractor for its Environmental Treatment and

Safety Device Installation Services shall not exceed $59000 payment for services

provided hereunder prior to the effective date of said suspension termination or

abandonment

3 Exhibit B to the Agreement is replaced with the Revised Exhibit B attached to this

First Amendment

4 Except as expressly modified by this First Amendment all ofthe terms and

conditions ofthe Contract are and remain in full force and effect

5 DEBARMENf AND SUSPENSION CERTIFICATION

a By signing this First Amendment and Exhibit D Debarment and

Suspension Certification ContractorGrantee agrees to comply with

applicable federal suspension and debarment regulations including but not

limited to 7 Code ofFederal Regulations (CFR) 301635 28 CFR 663529

CFR 973534 CFR 8035 45 CFR 9235 and Executive Order 12549

b By signing this First Amendment Contractor certifies to the best of its

knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment

declared ineligible or voluntary excluded by any federal department

or agency

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations debarred

suspended declared ineligible or voluntarily excluded from

participation in such transaction

-------------------------

Procurement Contract No

IN WITNESS WIIEREOF the parties hereto have executed this First Amendment to the Agreement as of the day and year first above written

COUNTY OF ALAMEDA

Signature

Name (Printed)

Title President of the Board of Supervisors

Approved as to F orrn Donna R Ziegler

By ~ 5----shyWilliam M Fleishhacker Deputy County Counsel

MANOS JANITORIAL INC

Name Otto Rodriguez (Printed)

Title President -- shy

By signing above signatory warrants and represents that heshe executed this Agreement in hislher authorized capacity and that by hislher signature on middot this Agreement heshe or the entity upon behalf ofwhich heshe acted executed this Agreement

I I

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 3: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Procurement Contract No 5582

FIRST AMENDMENT TO AGREEMENT

This First Amendment to Agreement (First Amendment) is made by the County

ofAlameda (County) and Manos Janitorial Inc (Contractor) with respect to that

certain agreement entered by them on September 152010 (referred to herein as the

Agreement) pursuant to which Contractor provides Environmental Treatment and

Safety Device Installation s~rvices to County

WHEREAS the services provided by the Contractor under the Agreement require

additional work that was not anticipated at the time the County and the Contractor entered

into the Agreement and

WHEREAS the County and the Contractor desire to amend the Agreement to

provide for additional compensation for the additional work required

THEREFORE for valuable consideration the receipt and sufficiency of which are

hereby acknowledged County and Contractor agree as follows

1 Page 1 ofthe Agreement is amended by deleting the last sentence The

compensation payable to Contractor hereunder shall not exceed (Thirty Four

Thousand Dollars) ($34000) for the term of the Agreement and replacing it with

The compensation payable to Contractor hereunder shall not exceed (Fifty Nine

Thousand Dollars) ($59000) for the term ofthe Agreement

2 Paragraph 20 of the General Terms and Conditions ofthe Agreement is amended

to read as follows TERMINATION The County has and reserves the right to

suspend terminate or abandon the execution of any work by the Contractor

without cause at any time upon giving to the Contractor prior written notice In the

event that the County should abandon terminate or suspend the Contractors work

the Contractor shall be entitled to payment for services provided hereunder prior to

the effective date of said suspension termination or abandonment Said payment

Procurement Contract No 5582

shall be computed in accordance with the Revised Exhibit B hereto provided that

the maximum amount payable to Contractor for its Environmental Treatment and

Safety Device Installation Services shall not exceed $59000 payment for services

provided hereunder prior to the effective date of said suspension termination or

abandonment

3 Exhibit B to the Agreement is replaced with the Revised Exhibit B attached to this

First Amendment

4 Except as expressly modified by this First Amendment all ofthe terms and

conditions ofthe Contract are and remain in full force and effect

5 DEBARMENf AND SUSPENSION CERTIFICATION

a By signing this First Amendment and Exhibit D Debarment and

Suspension Certification ContractorGrantee agrees to comply with

applicable federal suspension and debarment regulations including but not

limited to 7 Code ofFederal Regulations (CFR) 301635 28 CFR 663529

CFR 973534 CFR 8035 45 CFR 9235 and Executive Order 12549

b By signing this First Amendment Contractor certifies to the best of its

knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment

declared ineligible or voluntary excluded by any federal department

or agency

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations debarred

suspended declared ineligible or voluntarily excluded from

participation in such transaction

-------------------------

Procurement Contract No

IN WITNESS WIIEREOF the parties hereto have executed this First Amendment to the Agreement as of the day and year first above written

COUNTY OF ALAMEDA

Signature

Name (Printed)

Title President of the Board of Supervisors

Approved as to F orrn Donna R Ziegler

By ~ 5----shyWilliam M Fleishhacker Deputy County Counsel

MANOS JANITORIAL INC

Name Otto Rodriguez (Printed)

Title President -- shy

By signing above signatory warrants and represents that heshe executed this Agreement in hislher authorized capacity and that by hislher signature on middot this Agreement heshe or the entity upon behalf ofwhich heshe acted executed this Agreement

I I

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

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Page 4: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Procurement Contract No 5582

shall be computed in accordance with the Revised Exhibit B hereto provided that

the maximum amount payable to Contractor for its Environmental Treatment and

Safety Device Installation Services shall not exceed $59000 payment for services

provided hereunder prior to the effective date of said suspension termination or

abandonment

3 Exhibit B to the Agreement is replaced with the Revised Exhibit B attached to this

First Amendment

4 Except as expressly modified by this First Amendment all ofthe terms and

conditions ofthe Contract are and remain in full force and effect

5 DEBARMENf AND SUSPENSION CERTIFICATION

a By signing this First Amendment and Exhibit D Debarment and

Suspension Certification ContractorGrantee agrees to comply with

applicable federal suspension and debarment regulations including but not

limited to 7 Code ofFederal Regulations (CFR) 301635 28 CFR 663529

CFR 973534 CFR 8035 45 CFR 9235 and Executive Order 12549

b By signing this First Amendment Contractor certifies to the best of its

knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment

declared ineligible or voluntary excluded by any federal department

or agency

(2) Shall not knowingly enter into any covered transaction with a person

who is proposed for debarment under federal regulations debarred

suspended declared ineligible or voluntarily excluded from

participation in such transaction

-------------------------

Procurement Contract No

IN WITNESS WIIEREOF the parties hereto have executed this First Amendment to the Agreement as of the day and year first above written

COUNTY OF ALAMEDA

Signature

Name (Printed)

Title President of the Board of Supervisors

Approved as to F orrn Donna R Ziegler

By ~ 5----shyWilliam M Fleishhacker Deputy County Counsel

MANOS JANITORIAL INC

Name Otto Rodriguez (Printed)

Title President -- shy

By signing above signatory warrants and represents that heshe executed this Agreement in hislher authorized capacity and that by hislher signature on middot this Agreement heshe or the entity upon behalf ofwhich heshe acted executed this Agreement

I I

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 5: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

-------------------------

Procurement Contract No

IN WITNESS WIIEREOF the parties hereto have executed this First Amendment to the Agreement as of the day and year first above written

COUNTY OF ALAMEDA

Signature

Name (Printed)

Title President of the Board of Supervisors

Approved as to F orrn Donna R Ziegler

By ~ 5----shyWilliam M Fleishhacker Deputy County Counsel

MANOS JANITORIAL INC

Name Otto Rodriguez (Printed)

Title President -- shy

By signing above signatory warrants and represents that heshe executed this Agreement in hislher authorized capacity and that by hislher signature on middot this Agreement heshe or the entity upon behalf ofwhich heshe acted executed this Agreement

I I

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 6: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Procurement Contract No 5582

REVISED EXHIBIT B PAYMENT TERMS

1 Except as expressly modified by this Exhibit B all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect

2 County will pay Contractor upon successful completion and acceptance of the following services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

- The payment for window guard installation will be $3000 per window unit

- The range ofpayment for removal of grimegrease in kitchen will be $5000 shy

$15000

- The range ofpayment for carpet cleaning will be $5000 - $15000 per room

- The range ofpayment for additional cleaning (clean all surfaces in the unit to

remove grime buildup and greased) will be $25000 - $45000 per unit

- County will provide contractor a $10000 fee for travel expenses following the

2nd missed appointment by the occupant for services

- The fmal price paid for each unit will be determined by mutual agreement

between contractor and the County but shall not exceed the maximum

payment for each range ofpayments

3 Invoices will be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

4 Total payment under the terms of this Agreement will not exceed the total amount of Fifty-Nine thousand dollars ($5900000) This cost includes all taxes and all other charges

5 Upon award ofthis Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance ofContractors services hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 7: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Procurement Contract No 5582

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named or unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined ineligible by

any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by a

court of competent jurisdiction in any matter involving fraud or official misconduct

within the past three years

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessary result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACTOR __~M~AN~O=S~JAN~~IT~O=ru~A=L~IN~=C~__________________

PRlNCIPAL _~O=tt=o-=R=o=d~rigu~e~z--______ TITLE President

SIGNATURE ___-=~ --7yen~yen-~-L)-~------d~A-~~------- DATE __ ~~ L7

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 8: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

110-23 Contract No _)_~_ft

QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS

-~-

INSTRUCTIONS This questionnaire is to be completed by the County department for services contracts and must be included as part ofthe contract package Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2 Sections III and IV contain supplemental questions to be answered for contractors in certain service categories

CONTRACTOR NAME Manos Janitorial Inc DEPT 260250

TITLESERVICE Environmental Treatment and Safety Device Installation Services

DEPT CONTACT ____=L=id=ic=e~D~e~L=a~Fu=e=n=te~___ PHONE 510-567-8291

YES NOI INFORMATION ABOUT THE CONTRACTOR

) i ~1 Is the contractor a corporation or partnership (X) ( )

2 Does the contractor have the right per the contract to hire others to (X) ( ) do the work agreed to in the contract

3 If the answer to BOTH questions is YES provide the employer ID number here ( 94-3316050

No other questions need to be answered Withholding is not required

4 Ifthe answer to question 1 is NO and 2 is YES provide the individual social security number here ______________________ No other questions need to be answered Withholding is not required I

1

5 Ifthe answer to question 2 is NO continue to Section II

II RELATIONSIDP OF THE PARTIES YES NO

1 Does the County have the right to control the way in which the work ( ) ( ) will be done ie will the County be able to specifY the sequence of steps or the processes to be followed if it chooses to do so

2 Is the contractor restricted from performing similar services for other ( ) ( ) businesses while he is working for the County

3 Will the contractor be working for more than 50 ofthe time for the ( ) ( ) County (50 = 20 hrswk 80 hrsmo)

~ 4 Is the relationship between the County and the contractor intended to ( ) ( ) be ongoing

Page 1 of2

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 9: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

110-23 Contract No $If)tr-

III FOR CONSULTANTS PROJECT MANAGERS PROJECT COORDINATORS

1 Is the contractor being hired for a period of time rather than for a specific project

( ) ( )

2 Will payment be based on a wage or salary (as opposed to a commission or lump sum)

( ) ( )

IV FOR PHYSICIANS PSYCHIATRISTS DENTISTS PSYCHOLOGISTS

1 Will the agreement be with an individual who does not have an outside practice

() ( )

2WilI the contractor work more than an average of ten hours per week ( ) ( )

IF THE ANSWER TO 2 IS YES ANSWER QUESTIONS 3

3Will the County provide more than 20 of the contractors income

4 If the answer to either question 1a or if required question lb is NO the entire answer is NO

() ( )

A yes answer to any of the questions in Section II or if applicable Sections III or IV constitutes justification for paying the contractor through the payroll system as an employee for withholding purposes

CERTIFICATIONS

I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract

-~ ~ contra~ture

Otto Rodriguez Mark Allen Printed Name Printed N arne

C-i6-OI() Date Date

=--

Page 20f2

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 10: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

__ _ Contract No ___S3_5_51S__shy

COUNTY OF AlAMEDA i STANDARD SERVICES AGREEMENT

This Agreement dated as of ~September 152010 is by and between the County of Alameda hereinafter referred to as the County and Manos Janitorial Inc hereinafter referred to as the Contractor

WITNESSETH

Whereas County desires to obtain __Environmental Treatment and Safety Device Installation Services which are more fully described in Exhibit A

Whereas Contractor is professionally qualified to provide such services and is willing to provide same to County and

Now therefore it is agreed that County does hereby retain Contractor to provide __Environmental Treatment and Safety Device Installation Services and Contractor accepts such engagement on the General Terms and Conditions hereinafter specified in this Agreement the Additional Provisions attached hereto and the following described ( exhibits all of which are incorporated into this Agreement by this reference

Exhibit A Definition of Services ExhibitB Payment Terms Exhibit C Insurance Requirements ExhibitD Debarment and Suspension Certification Exhibit E Intentionally Omitted

The term of this Agreement shall be from September 152010 through September 14 2013

The compensation payable to Contractor hereunder shall not exceed (Thirty FOllr Thousand Dollars) ($34000) for the term of this Agreement

~

Page 1 of 15

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 11: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

lt-gJ-shyContract No ___J_J ____

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written

COUNTY OF ALAMEDA

By Signature

Name ALlCE LAl-BITKER -------~-------------(Printed)

Title President of the Board of Supervisors

Approved as to Form

~gt bull By_~--=--o_middotmiddot_~~_~_u_-middotc_-tiw_=~-----dd-=~----=middot_ County Counsel Signature -- shy

MANOS JANITORIAL INC

By--_~---r--~---i---____7sifnatlfe

Name Otto Rodriguez (Printed)

Title ManagerlPresident

Date tjlgMO---~-+---~-----

By signing above signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

Page 2 of 15

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 12: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

e-~J- Contract No J lJpound--------shy

GENERAL TERMS AND CONDITIONS

1 INDEPENDENT CONTRACTOR No relationship of employer and employee is created by this Agreement it being understood and agreed that Contractor is an independent contractor Contractor is not the agent or employee of the County in any capacity whatsoever and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor

Contractor shall have no claim under this Agreement or otherwise for seniority valtation time vacation pay sick leave personal time off overtime health insurance medical care hospital care retirement benefits social security disability Workers Compensation or unemployment insurance benefits civil service protection or employee benefits of any kind

Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages salaries or other remuneration paid to its officers agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractors failure to pay such amounts

( In carrying out the work contemplated herein Contractor shall comply with all applicable federal and state workers compensation and liability laws and regulations with respect to the officers agents andor employees conducting and participating in the work and agrees that such officers agents andor employees will be considered as independent contractors and shall not be treated or considered in any way as officers agents andor employees of County

Contractor does by this Agreement agree to perform hisher said work and functions at all times in strict accordance with currently approved methods and practices in hisher field and that the sole interest of County is to insure that said service shall be peiformed and rendered in a competent efficient timely and satisfactory manner and in accordance with the standards required by the County agency concerned

Notwithstanding the foregoing if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding County may upon two weeks notice to Contractor withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments

Page 3 of 18

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 13: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No ___5_)__o_d-__

2 INDEMNIFICATION To the fullest extent permitted by law Contractor shall hold harmless defend and indemnify the County of Alameda its Board of Supervisors employees and agents from and against any and all claims losses damages liabilities and expenses including but not limited to attorneys fees arising out of or resulting from the performance of services under this Agreement provided that any such claim loss damage liability or expense is attributable to bodily injury sickness disease death or to injury to or destruction of property including the loss therefrom or to any violation of federal state or municipal law or regulation which arises out of or is any way connected with the performance of

this agreement (collectively Liabilities) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder

In the event that Contractor or any employee agent or subcontractor of Contractor providing services under this Agreement is determined by a court ofcompetent jurisdiction or the Alameda County Employees Retirement Association (ACERA) or California Public Employees Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County Contractor shall indemnify defend and hold harmless County for the payment of any employee andor employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees agents or subcontractors as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of County

3 INSURANCE AND BOND Contractor shall at all times during the term of the Agreement with the County maintain in force those insurance policies and bonds as designated in the attached Exhibit C and will comply with all those requirements as stated therein

4 PREYAIUNG WAGES Pursuant to Labor Code Sections 1770 et seq Contractor shall pay to persons performing labor in a~d about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality which per diem wages shall not bemiddot less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract

5 WORKERS COMPENSATION Contractor shall provide Workers ~

( Compensation insurance as appli~able at Contractors own cost and expense and

Page 4 of 18

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 14: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

~S-8Cf-Contract No ___gt_____

further neither the Contractor nor its carrier shall be entitled to recover from ~~ County anycosts settlements or expenses of Workers Compensation claims

arising out of this Agreement

6 CONFORMITY WITH LAW AND SAFETY

a In performing services under this Agreement Contractor shall observe and comply with all applicable laws ordinances codes and regulations of governmental agencies including federal state municipal and local governing bodies having jurisdiction over the scope of services including all applicable provisions of the California Occupational Safety and Health Act Contractor shall indemnify and hold County harmless from any and all liability fines penalties and consequences from any of Contractors failures to comply with such laws ordinances codes and regulations

b Accidents If a death serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement Contractor shall immediately notify the Alameda County Risk Managers Office by telephone Contractor shall promptly submit to County a written report in such form as may be required by County of all accidents which occur in connection with this Agreement This report must include the following information (1) name and address of the injured or deceased person(s) (2) name and address of Contractors sub-Contractor if any (3) name and address of Contractors liability insurance carrier and (4) a detailed descdption of the accident and whether any of Countys equipment tools material or staff were involved

c Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim while maintaining public safety and to grant to the County the opportunity to review and inspect such evidence including the scene of the accident

7 DEBARMENT AND SUSPENSION CERTIFICATION (Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

a By signing this agreement and Exhibit D Debarment and Suspension Certification ContractorGrantee agrees to comply with applicable federal suspension and debarment regulations including but not limited to 7 Code of Federal Regulations (CFR)301635 28 CFR 6635 29 CFR 9735 34 CFR 803545 CFR 9235 and Executive Order 12549

Page 5 of 18

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 15: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No 5)Ddshy-------------shy

b By signing this agreement Contractor certifies to the best of its knowledge and belief that it and its principals

(1) Are not presently debarred suspended proposed for debarment declared ineligible or voluntary excluded by any federal department or agency

(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations debarred suspended declared ineligible or voluntarily excluded from participation in such transaction

8 PAYMENT For services performed in accordance with this Agreement payment shall be made to Contractor as provided in Exhibit B hereto

9 TRAVEL EXPENSES Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement

10 TAXES Payment of all applicable federal state and local taxes shall be the sole responsibility of the Contractor

11 OWNERSHIP OF DOCUMENTS Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals plans specification designs drawings sketches renderings models reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement whether prepared by the County the Contractor the Contractors sub~Contractors or third parties at the request of the Contractor (collectively Documents and Materials) This explicitly includes the electronic copies of all above stated documentation

Contractor ~lso hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including ele~tronic copies stored in Contractors Information System respecting in any way the subject matter of this Agreement

Contractor shall be permitted to retain copies including reproducible copies and computerized copies of said Documents and Materials Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment If for any reason said assignment is not effective Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials The Countys rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractors

Page 6 of18

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 16: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No sect r gt-

services as set forth in Exhibit A of this Agreement have been fully performed or paid for

In Contractors contracts with other Contractors Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and

license rights as to that Contractors Documents and Materials Contractor agrees to defend indemnify and hold tile County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors andor SubshyContractors

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit A and shall defend indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection The Countys rights under this Paragraph 11 shall not extend to any computer software used to create such Documents arid Materials

12 CONFLICT OF INTEREST CONFIDENTIALITY The Contractor covenants that it presently has no interest and shall not have any interest direct or indirect which would conflict in any manner with the performance of services required under this Agreement Without limitation Contractor represents to and agrees with the County that Contractor has no present and will have no future conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife environmental or regulatory agency) which has any interest adverse or potentially adverse to the County as determined in the reasonable judgment of the Board of Supervisors of the County

The Contractor agrees that any information whether proprietary or not made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph middot13 of this Agreement if it is requested to disclose any information made known to or discovered by it during the performance ofor in connection with this Agreement These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder

13 NOTICES All notices requests demands or other communications under this Agreement shall be in writing Notices shall be given for all purposes as follows

Page 7 of 18

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 17: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

~51Sd-Contract No ___J_____

Personal delivery When personally delivered to the recipient notices are effective on delivery

First Class Mail When mailed first class to the last address of the recipient known to the party giving notice notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox Certified Mail When mailed certified mail return receipt requested notice is effective on receipt if delivery is confirmed by a return receipt

Overnight Delivery When delivered by overnight delivery (Federal ExpressAirbornelUnited Parcel ServicelDHL WorldWide Express) with charges prepaid or charged to the senders account notice is effective on delivery if delivery is confirmed by the delivery service Telex or facsimile transmission When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice notice is effective on receipt provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (b) the receiving party delivers a written confirmation of receipt Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 500 pm (recipients time) or on a non-business day

Addresses for purpose of giving notice are as follows

To County COUNTY OF-ALAMEDA CDA Lead Poisoning Prevention Program 2000 Embarcadero Suite 300 Oakland CA 94606 Attn Dennis Jordan

To Contractor Manos Janitorial Inc 2440 Wilbur Street Oakland CA 94602 Attn Otto Rodriguez

Any correctly addressed notice that is refused unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused unclaimed or deemed undeliverable by the postal a~thorities messenger or overnight delivery service

Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement

-

Page 8 of 18

f t

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 18: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

5S15dshyContract No ________

14 USE OF COUNTY PROPERTY Contractor shall not use County property (including equipment instruments and supplies) or personnel for any purpose other than in the performance of hisher obligations under this Agreement

15 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS Contractor assures that hesheit will comply with Title VII of the Civil Rights Act of 1964 and that no person shall on the grounds of race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor be excluded from participation in be denied the benefits of or be otherwise subjected to discrimination under this Agreement

a Contractor shall in all solicitations or advertisements for applicants for employment placed as a result of this Agreement staty that it is an Equal Opportunity Employer or that all qualified applicants will receive consideration for employment without regard to their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

b Contractor shall if requested to so do by the County certify that it has not in the performance of this Agreement discriminated against applicants or employees because of their race creed color disability sex sexual orientation national origin age religion Vietnam era Veterans status political affiliation or any other non-merit factor

c If requested to do so by the County Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices except to the extent such records or portions of such records ate confidential or privileged under state or federal law

d Contractor shall recruit vigorously and encourage minority - and womenshyowned businesses to bid its subcontracts

e Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law

f The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts

16 DRUG-FREE WORKPLACE Contractor and Contractors employees shall comply with the Countys policy of maintaining a drug-free workplace Neither

Contractor nor Contractors employees shall unlawfully manufacture distribute dispense possess or use controlled substances as defined in 21 US Code sect 812

Page 9 of 18

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 19: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

--------55~~Contract No

including but not limited to marijuana heroin cocaine and amphetamines at any County facility or work site If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site the Contractor within five days thereafter shall notify the head of the County departmentagency for which the contract services are performed Violation of this provision shall constitute a material breach of this Agreement

17 AUDITS ACCESS TO RECORDS The Contractor shall make available to the County its authorized agents officers or employees for examination any and all ledgers books of accounts invoices vouchers cancelled checks and other records or documems evidencing or relating to the expenditures and disburse~ents charged to the County and shall furnish to the County its authorized agents officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor

The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement If such books and records are not kept and maintained by Contractor within the County of Alameda California Contractor shall upon request of the County make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable and necessary costs incurred by the County in inspecting Contractors books and records including but not limited to travel lodging and subsistence costs Contractor shall provide such assistance as may be reasonably required in the course of such inspection The County further reserves the right to examine and reexamine said books records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder as evidenced in writing by the County and the Contractor s~all in no event dispose of destroy alter or mutilate said books records accounts and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed whichever is later

18 DOCUMENTS AND MATERIALS Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement all Documents and Materials as defined in Paragraph 11 of this Agreement Contractors obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County) and Contractor shall in no event dispose of destroy alter or mutilate said Documents and Materials for three (3) years following the Countys last payment to Contractor under this Agreement

Page 10 of18

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

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Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

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middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 20: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

------------Contract No 5S89shy

19 TIME OF ESSENCE Time is of the essence in respect to all provisions of this Agreement th~t specify a time for performance provided however that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement

20 TERMINATION The County has and reserves the right to suspend terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice In the event that the County should abandon terminate or suspend the Contractors work the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension termination or abandonment Said payment shall be computed in accordance with Exhibit B hereto provided that the maximum amount payable to Contractor for its Environmental Treatment and Safety Device Installation Services shall not exceed $34 000~ayment for services provided hereunder prior to the effective date of said suspension termination or abandonment

21 SMALL LOCAL AND EMERGING BUSINESS PARTICIPATION

SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION Contractor has been approved by County to participate in contract without SLEB participation (attach SLEB waiver) As a result there is no requirement to subcontract with aIother business in order to satisfy the Countys Small and Emerging Loc~ly owned Business provision

However ifcircumstances or the terms of the contract should change Contractor may be required to immediately comply with the Countys Small and Emerging Local Business provisions including but not limited to

a Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20 with a certified small or emerging local business( es)

b SLEB subcontractor(s) is independently owned and operated (ie is not owned or operated in any way by Prime) nor do any employees of either entity work for the other

c Small andor Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract Contractor shall ensure that their own certification status andor that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Pro gram

Page 11 of 18

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 21: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

C--~~Contract No __=-J)_U___

d Contractor shall not substitute or add any small andor emerging local businesses) listed in this agreement without prior written approval from

the County Said requests to substitute or add a small andor emerging local business shall be submitted in writing to the County department contract representative identified under Item 13 above Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency Office of Contract Compliance (OCC)

e All SLEB participation except for SLEB prime contractor must be tracked and monitored utilizing the Elation compliance System

County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small andor emerging local business

For further information regarding tlie Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact the County Auditor- Controllers Office ofContract Compliance (OCC) located at 1221 Oak St Rm 249 Oakland CA 94612 at Tel (510) 891-5500 Fax (510) 272-6502 or via E-mail at ACSLEBcomplianceacgovorg

22 FIRST SOURCE PROGR1M For contracts over $100000 Contractor shall provide County ten (10) working days to refer to Contractor potential candidates to be considered by Contractor to fill any nev or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public

23 CHOICE OF LAW This Agreement shall be governed by the laws of the State of California

24 WAIVER No waiver of a breach failure of any condition or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach failure right or remedy No waiver of any breach failure right or remedy shall be deemed a waiver of any other breach failure right or remedy whether or not similar nor shall any waiver constitute a continuing waiver unless the writing so specifies

25 ENTIRE AGREEMENT ThisAgreement including all attachments exhibits and any other documents specifically incorporated into this Agreement shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement As used herein Agreement refers to and includes any

Page 12 of 18

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 22: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No ___ ____5_SbCA

documents incorporated herein by reference and any exhibits or attachments This Agreement supersedes and merges all previous understandings and all other agreements written or oral between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof The Agreement may not be modified except by a written document signed by both parties

26 HEADINGS hereil) are for convenience of reference only and shall in no way affect interpretation of the Agreement

27 ADVERTISING OR PUBLICITY Contractor shall not use the name of County its officers directors employees or agents in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance

28 MODIFICATION OF AGREEMENT This Agreement may be supplemented amended or modified only by the mutual agreement of the parties No supplement amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties

29 ASSURANCE OF PERFORMANCE If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement County may request from Contractor prompt written assurances of performance and a written plan acceptable to County to correct the observed deficiencies in Contractors performance Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of Countys request and shall thereafter diligently commence and fully perform such written plan Contractor acknowledges and agrees that any fpilure to provide such written assurances and written plan within the required time is a material breach under this Agreement

30 SUBCONTRACTINGASSIGNMENT Contractor shall not subcontract assign or delegate any portion of this Agreement or any duties or obligations hereunder without the Countys prior written approval

a Neither party shall on the basis of this Agreement contract on behalf of or in the name of the other party Any agreement that violates this Section shall confer no rights on any party and shall be null and void

b Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without Countys prior written apprltval

Page 13 of 18

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 23: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

--------Contract No 5)8a-c Contractor shall remain fully responsible for compliance by its

subcontractors with all the terms of this Agreement regardless of the terms of any agreement between Contractor and its subcontractors

31 SURVIVAL The obligations of this Agreement which by their nature would continue beyond the termination on expiration of the Agreement including without limitation the obligations regarding Indemnification (Paragraph 2) Ownership of Documents (Paragraph 11) and Conflict of Interest (paragraph 12) shall survive termination or expiration

32 SEVERABILITY If a court of competent jurisdiction holds any provision of this Agreement to be illegal unenforceable or invalid in whole or in part for any reason the validity and enforceability of the remaining provisions or portions of them will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal unenforceable or invalid provision

33 PATENT AND COPYRIGHT INDEMNITY Contractor represents that it knows of no allegations claims or threatened claims that the materials services hardware or software (Contractor Products) provided to County under this Agreement infringe any patent copyright or other proprietary right Contractor shall defend indemnify and hold harmless County of from and against all losses claims damages liabilities costs expenses and amounts (collectively Losses) arising out of or in connection with an assertion that any Contractor Products or the use thereof infringe any patent copyright or other proprietary right of any third party County will (1) notify Contractor promptly of such claim suit or assertion (2) permit Contractor to defend compromise or settle the claim and (3) provide on a reasonable basis information to enable Contractor to do so Contractor shall not agree without Countys prior written consent to any settlement which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products

a If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County County may defend itself andor settle such proceeding and Contractor shall pay to County any and all losses damages and expenses (including attorneys fees and costs) incurred in relationship with Countys defense andor settlement of such proceedi~g

b In the case of any such claim of infringement Contractor shall either at its option (1) procure for County the right to continue using the Contractor Products or (2) replace or modify the Contractor Products so that that they become non-infringing but equivalent in functionality and performance

Page 140f18

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 24: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

__ _ Contract No __5_S-_~_-

c Notwithstanding this Section 33 County retains the right and ability to defend itself at its own expense against any claims that Contractor Products infringe any patent copyright or other intellectual property right

34 OTHER AGENCIES Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements If the Contractor elects to supply other a-gencies orders will be placed directly by the agency and payments made directly by the agency

35 - EXTENSION This agreement may be extended for two additional one year terms by mutual agreement of the County and the Contractor

36 SIGNATORY By signing this agreement signatory warrants and represents that heshe executed this Agreement in hisher authorized capacity and that by hisher signature on this Agreement heshe or the entity upon behalf of which heshe acted executed this Agreement

[END OF GENERAL TERMS AND CONDITIONS]

Page 15 of 18

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 25: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No __S_r_~_g_~___

ADDITIONAL PROVISIONS

Instructions

Delete Paragraph 22 First Source Program General Terms and Conditions

~d~~~County Counsel Signature __amp_e______________

Page 1 of 1

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 26: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

~~~ Contract No J J --~-----

EXHIDITA DEFINITION OF SERVICES

1 Contractor shall provide Environmental Treatment and Safety Device Installation Services in accordance with the Scope and Specific Requirements sections within Countys Request for Proposal No HH2010ETX (RFP) and Description of Services in the bidders proposal Said sections are incorporated herein by reference and attached hereto as Exhibit A-I

a In the event of any conflict (direct or indirect) among any of the aboveshyreferenced exhibits the more stringent requirements providing the County with the broader scope of services shall have precedence such that the scope of work described in the RFP sections and the scope ofwork described in Contractors proposal shall both be performed to the greatest extent feasible

b County and Contractor agree that the following Supplemental Provisions are incorporated into this Agreement and that the Additional Provisions shall take precedence over inconsistent or conflicting provisions contained in the aboveshyreferenced exhibits

2 Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term

bull Otto Rodriguez

Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County Which agreement shall pot be unreasonably withheld Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to Countys approval which approval shall not be unreasonably withheld

3 The approval of County to a requested change shall not release Contractor from its obligations under this Agreement

Page 1 of 1

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 27: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No _-----S_~_middot_0_0-___ EXHIBITAmiddotl

DEFINITION OF SERVICES

SCOPE

bull Complete individual unit scopes of work for environmental treatment services and safety device installation services for ninety (90) units The customized environmental treatment and safety device installation services to be carried out in client homes include but may not be limited to

Environmental treatment a Vacuuming unit with a HEPA-filtered vacuum cleaner b Cleaning hard surface flooring with wet methods c Application of dust miteflea control solution on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove and

refrigerator f Installation of dust mite proof mattress covers and pillow case covers to reduce

exposure to dust mite allergen g Cleaning of refrigerator coils and drip pan to reduce pest habitability h Installation of smokeCO detectors and fire extinguisher 1 Provide the client a 30 minute consultation on Integrated Pest Management cleaning

products and anti-allergen products

Additional measures as specified a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

SPECIFIC REQUIREMENTSVENDOR QUALIFICATIONS

1 Vendor must maintain all permitslicenses and professional credentials necessary to perform services as specified in this agreement

a The environmental team leader must be bilingual (SpanishEnglish) b The staff capacity for completion of minimum of five client projects per week c Vendor must be an EPA-Certified Firm as required by 40 CFR sect74589(a) d Vendor must have an EPA-Certified Renovator overseeing all activities where preshy

1978 painted surfaces are disturbed as required by 40 CFR sect74580(b) e Vendor(s) must have a vehicle valid drivers license and vehicle insurance

2 Specific Requirements -- a Any products used to perform cleaning services must be approved in advance by the

ACLPPD

Page 1 of 1

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 28: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

SSDd-Contract No ________

J DESCRIPTION OF THE PROPOSED SERVICES As stated in the request for proposals no HH2010ETX Environmental Treatment Safety Device Installation Manos Janitorial Inc intends to provide under this contract the following services

Environmental treatment a Vacuuming unit with a HEPA filtered vacuum cleaner equipped with beater bar b Cleaning hard surface flooring with wet methods using non-toxic cleaners if

necessary c Application of dust miteflea control solutions on carpeted surfaces d Application of anti-allergen spray on all upholstered furniture e Application of boric acid powder or diatomaceous earth under and behind stove

and refrigeratorlt

f Installation of dust mite proof mattress covers and pillow case covers to reduce exposure to dust

g mite installation h Cleaning of refrigerator coils and drip pan to reduce pest habitability 1 Installation of smokeCO detectors and fire extinguisher following guidelines

specified by federal and state agencies J Provide to the client a 30 minutes consultation on Integrated Pest Management

cleaning and Anti-allergen products

When requested by the management of the project additional services will be provided a Mold removal from cleanable surfaces in targeted rooms b Heater andor exhaust fan cleaning as specified c Installation of window guards as specified d Installation of safety devices as specified

Other bull Participate in a Y2 day training on the HUD sub-recipient monitoring requirements bull Participate in the quarterly Healthy Homes Partners meetings bull Participate in quarterly sub-grantee monitoring meetings as outlined by HUD

requirements bull Participate in semi-annual finance on-site audits bull Participate in HUD audits as indicated bull Provide monthly written progress reports

Manos Janitorial also offers to provide to the families a 30 minutes explanation of the items demonstrated to them and to answer any questions they may have

Page 1 of 1

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 29: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No ------ shyAs part ofthe contract we will schedule the projects even not specifically stated in the request

1 Manos Janitorial staff is available to comply with this contract six days a week Monday through Saturday Due to the special characteristics ofthese projects ifafter business hours work is required we are willing to provide service at no extra cost to the County This after business hour requirement is due to the need of contacting clients when they are at home We are willing also to perform some projects on Saturdays when required

Page 1 ofl

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 30: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No _-S58__d---____

EXHmITB PAYMENT TERMS

1 County will pay Contractor upon successful completion and acceptance of the following

services listed below within thirty (30) days upon receipt of invoice

- The payment for environmental treatment services will be $32500 per unit

- The payment for mold removal will be $2500 per room

- The payment for heaterexhaust cleaning will be $2500 per vent

The payment for window guard installation will be $3000 per windowunit

- The range of payment for removal of grimegrease in the kitchen area will be $50shy$15000

- The range of payment for carpet cleaning will be $50-$150 per room

- The range of payment for additional cleaning (clean all surfaces in the unit to remove grime buildup and grease) will be $250-$450 per unit

County will provide contractor a $100 fee for travel expenses following the 2nd

missed appointment by the occupant for services

bull The final price for each unit will be determined by mutual agreement between contractor and the County but shall not exceed the maximum payment for each range of payments

2 Invoices submitted monthly may be approved by the County Lead Poisoning Prevention Program Deputy Director Maricela Foster or her designee

3 Total payment under the terms of this Agreement will not exceed the total amount of $34000_ This cost includes all taxes and all other charges

4 Upon award of this Agreement by County County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractors services

hereunder The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreementin conformance with the schedule

Page 1 of 1

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 31: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

C

EXHIBITC

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS

nl2i( limiting any other obligation or liability under this Agreement the Contractor at its sole cost and expense shall secure and keep in force the entire term of the be below the limits and endorsements

$1000000 per occurrence (CSL) Bodily Injury and Property Damage

for

B Commercial or Bu~iness Automobile Liability $1000000 per occurrence (CSL) All owned vehicles hired or leased vehicles non-owned borrowed and Any Auto permissive uses Personal Automobile Liability is acceptable for Bodily Injury and Property Damage individual contractors with no or haulin related activities Workers Compensation (WC) and Employers Liability (EL)

contractors with em or disease

Endorsements and ConditionsD 1 ADDITIONAL INSURED All insurance required above with the exception of Personal Automobile Liability Workers

Compensation and Employers Liability shall be endorsed to name as additional insured County of Alameda its Board of Supervisors the individual members thereof and all County officers agents employees and representatives

2 DURATION OF COVERAGE All required insurance shall be maintained during the entire term of the Agreement with the following exception Insurance policies and coverage(s) written on aclaims-made basis shall be maintained during the entire term of the Agreement and until 3 years following termination and acceptance of all work provided under the Agreement with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement

3 REDUCTION OR LIMIT OF OBLIGATION All insurance policies shall be primary insurance to any insurance available to the Indemnified Parties and Additionallnsured(s)Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractors contractual obligation to indemnify and defend the Indemnified Parties

4 INSURER FINANCIAL RATING Insurance shall be maintained through an insurer with aAM Best Rating of no less than AVII or equivalent shall be admitted to the State of California unless otherwise waived by Risk Management and with deductible amounts acceptable to the County Acceptance of Contractors insurance by County shall not relieve or decrease the liability of Contractor hereunder Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor

5 SUBCONTRACTORS Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the requirements stated herein

6 JOINT VENTURES If Contractor is an association partnership or other joint business venture required insurance shall be provided by anyone of the following methods - Separate insurance policies issued for each individual entity with each entity included as aNamed Insured (covered party)

or at minimum named as an Additional Insured on the others policies - Joint insurance program ~ith the association partnership or other joint b~siness venture included as a Named Insured

7 CANCELLATION OF INSURANCE All required insurance shall be endorsed to provide thirty (30) days advance written notice to the County of cancellation

8 CERTIFICATE OF INSURANCE Before commencing operations under this Agreement Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements in form and satisfactory to County evidencing that all required insurance coverage is in effect The County reserves the rights to require t~e Contractor to provide complete certified copies of all required insurance poliCies The require certificate(s) and endorsements must be sent to

- DepartmenVAgency issuing the contract - - With acopy to Risk Management Unit (125 -12th Street 3rd Floor Oakland CA 94607)

1ificate C-1 Page 1of 1 Form 2001-1 (Rev 0315106)

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 32: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

i

4 DATE(MbUDD~e R CERTIFICATE OF LIABILITY INSURANCE OPID AN IMANOJA1 OS0310

PRODUCER

Cook Disharoon amp Greathouse Box 12909

I--land CA 94504shyPhone 510-437-1900 INSURED

Manos ianitorial Inc 2440 W lbur Street Oakland CA 94502 I

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW

INSURERS AFFORDING COVERAGE NAlC INSURER A American States Ins Co

EVERES~ NATIONAL INSURERC

lNSURERD

INSURERE

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOve FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AIN REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERTlFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONomONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAve BEEN REDUCED BY PAID CLAIMS

L~ ~SR[ TYPE OF INSURANCE POLICY NUMBER tfiT~1MMIDDNWYl fb~irlfJ)li~ LIMITS

~NERALUABILITY EACH OCCURRENCE $ 500000 A X COMMERCIAL GENERAL LIABILITY 01CI262S152 OS0110 080111 PReMisrM(E~~ncamp1 $ 500000

I-shytJ CLAIMS MADE [] OCCUR MED EXP (Anyone person) $10000

I-shyPERSONAL amp ADV INJURY $500000

I-shyGENERAL AGGREGATE $1000000

GENL AGGREGATE LIMIT APPLIES PER

h POLICY n ~8r n loc PRODUCTSmiddot COMPIOP AGG $1000000

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT--- lea accident) $ _ AINAl1TO

I-shyALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $

~ - HIRED AUTOS BODILY INJURY (Per accident) $

NON-OWNED AUTOS-- PROPERTY DAMAGE $

-( (Per acelden)

GARAGE LIABILITY AUTO ONIY EA ACCIDENT $qANYAUTO OTHER THAN EAACC $ AUTO ONLY AGG $

EXCESS I UMBRELLA LIABIUTY EACH OCCURRENCE S

~ OCCUR CLAIMS MADE AGGREGATE $

$=1 DEDUCTIBLE $ RETENTION $ S

nORKERSCOMPENS~~ON X ITORYLI~WS I IUdltAND EMPLOYERS UABILITY Y I If B ANY PROPRIETORIPARTNERlEXECUTlVD 5900000879 OaOl10 0801n EL EACH ACCIDENT $1000000

OFFICERIMEMBER EXCLUDED (Mandatoryln NH) EL DISEASE - EA EMPLOYEE $1000000 ~ daeribe under

EL DISEASEmiddot POUCY LIMIT $1000000EClIL PROVISIONS below OTHER

IESCRIPTION OF OPERATIONS I LOCATIONS 1VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS

10~Day Notice of Cancellation will apply for Non-Payment of Premium Re Lead Poisoning Prevention Program

3ee notepad for fully included additional insureds

ERTIFICATE HOLDER CANCELLATION

COUNALA

County of Alameda 2000 Embarcadero 300 Oakland riA 94606

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION

DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRnrEN

NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR

REPRESENTATIVES

CORD 25 (200901) 1988middot2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks ofACORD

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

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Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 33: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

COMMERCIAL GEiNERAl LIABILITY CQ7636 02 07

THIS ENOORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY

UABILlTV PLUS ENDORSEMENT

This endorsement modifies Insurance provIded under the following

COMMERCIAL GENERAL lIABILITY COVERAGE PART

SCHEDULE

Name of Person or OrganIZ8ton County of Alameda its board of Supervisors the individual members thete~f and all couny officers agentsmiddot employees and representatives

ADDITIONAL INSURED BY WRITTEN CONTRACT AGREEMENT OR PERMIT OR SCHEDULE

The ollowlng paragraph Is added to WHO IS AN INSURED (Section II)

4 Any person or organization shown In the Schedshyule or for whom you are required by written oonshyIfact agreement or permit to provide Insurance Is an Insured subject 10 the following additional provIsions

a The contract agreement or permit must be In effect during the policy period shown In the Declarations and must have been exeshyoutad prior to the bodily lriury- property damagemiddot or personal and advertising Injury

b The person or organIzatIon added as an Inshysured by this endorsement fs an insured only to the extent you are held liable dua to

(1) The ownershIp maIntenance or use of that part of premIses you own rent

lease or occupy subject to the following adclltlonal provisions

(a) ThIs Insurance does not apply to any middotocourrence which takes place after you oease to be a tenant in any premises leased to or rented to yOU

(b) This Insuranoe does not apply to any structural alterations new conshystruction or demolitIon operations performed by or on behalf of the person or organization added as an Insuredi

(2) Your ongoing operations for that inshysured whether the work Is performed by you or for you

(3) The maintenance operation or use by you of equipment leased to you by such person or organlzaHon subject to the following additional provisions

(a) This Insurance does not apply to any middotoocurrence whloh takes place after the equipment lease explresj

--- Includes Copyrighted Matarlal of Insurance Services Oftce Inc with Its permission Copyright Insurance Services 2001

co 7635 oa07 Page 1014 EP

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 34: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

(b) This Insurance does nol apply to bodily InJury or property damshyage- arising out of the sole neglishygence of such person or organization

(4) Permfts Issued by any stata or poliUcal subdivision with respect to operations performed by you or on your behalf subject to the following additional proshyvIsion

This insurance does not apply to bodily InJury- middotproperty damagef or personal and advertising lriury arising out of operations performed for the state or municipality

c The Insurance with respect to any arch~ect engineer or surveyor added as an insured by this endorsement does not apply 10 bodily Injuryr property damage or middotpershysonal and advertising InJury arising out of the rendering of or the failure to render any professIonal services by or for you includshying

(1) The preparing approving or faRing to prepare or approve maps drawings opinions reports surveys change orshyders designs or s~clf(catlons anlt

(2) Supervisory Inspection or engineering services

d This Insurance does not apply to boclily Injury or Mproperty damage Included within the products-completed operations hazshyard-

A persons or organizations status as an Insured unshyder this endorsement ends when your operations for that Insured are completed

No coverage will be provided If in the absence of Ihls endorsement no liability would be Imposed by law on you Coverage shall be mlted to the extent of your negligence or fault aocording to the applicable princishyples of comparative fault

NON-OWNED WATERCRAFT ANO NON-oWNED AIRCRAFT LIABILITY

Exclusion g of COVERAGE A (Section l) Is replaced by the foHowing

g Bodily InJury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft lautod

or watercraft owned or operated by or rented or loaned to any insured Use Includes opershyation and loading or unloading

This exclusion applies even It the claims agaInst any Insured allege negligence or other wrongdoing in the supervision tiring employment training or mooilorlng of others by tlmt Insured If the middotoccurrence whIch caused the bodily Injury or property damage Involved the ownerShip ~Intamiddot nance use or entrustment to others of any aircraft Mauto or walarcraft that Is owned or operated by or ranted or loaned to any Inshysured

This exclusion does not apply to

(1) A watercraft while ashore on premises you own or renti

(2) Awatercraft you do not own thai Is (a) less than 62 feet long and

(b) Not beIng used to carry persons or property for a chargej

(3) Parking an auto on or on the ways next to premises you own or rent proshyvided the auto Is not owned by or rented or loaned to you or the insured

(4) UablOty assumed under any insured contract- for the ownership mainteshynance or use of aircraft or watercraft or

(5) Bodily Injury~ or property damage arising out of

(a) the operation of maohinery or equipment that Is attached to or part of a land vehicle that would qualify under lhe definition of mobile equipment- If it were not subject to a computsory or financial responsibitlty law or other motor veshyhicle Insurance law in the state where It is licensed or principally garagedi or

(b) the operation of any of the machlnshyary or equipment listed in Paragraph f(2) or f(3) of the definition of mobne equipment

(6) An aircraft you do not own provfded it is not operated by any Insured

TENANTS PROPERTY DAMAGE LIABILITY

When a Damage To Pramises Rented To You Umills shown In the Declarations Exoluslon J of Coverage A Section lis replaced by the following

J Damage To Property

nproperty damage to

(1) Property you own rent or occupy including any costs or expanses Incurred by you or

Psge 2014

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 35: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

shy

Ei3

-=

-= =

any othermiddot person organization or entity for repair replacement enhancement restorashylion or maintenance of such property for any reason including prevention or Inlury to a person or damage to anothers property

(2) Premises you sell~ give away or abandon If the property damage arises out of any part of those premIses

(3) Property loaned Lo YOUi

(4) Personal property In the care custody or control of the Insured

(5)That particular part of real property on which you or any contractors or subcontractors

workIng directly or indirectly on your behalf are performing operaIons If too property damage arises out of those operations or

(6) that particular part of any property that must be restored rQpalred or replaced because your workmiddot was Incorrectly performed on It

Paragraphs (1) (3) and (4) of this exclusion do not apply to property damage (other than damage by flre) to premises Including the conshytants of such premises rented to you A~parate limit of Insurance appUes to Damage To PremshyIses Rented To You as described In Seellon III - Umits Of Insurance

Paragraph (2) of this exclusion does nqt apply If the premises are your work and were never occupied rented or held for rental by you

Paragraphs (3) (4) (5) and (6) of thIs exclusion do not apply to liability assumed under a sideshytrack agreement

Paragraph (6) of this exclusIon does not apply to uproperty damage included In the ftproducts completed operations hazard

Paragraph G of LIMITS OF INSURANOE (SectIon III) Is roplaced by the following

6 Subject to 5 above the Damage To Premises Rented To You Umit Is the most we will pay unshyder Coverage A for dBffi8ges ~cause of property damagamp to anyone premises while lented to you or In the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner

The Damage To Premises Rented To You limit Is the higher of 1119 Eaoh Occurrence Umit shown In the Declaratlons or the amount shown In too Declarations as Damage To Premises Rented To You Urnlt

WHO IS AN fNSURED - MANAGER~

The following Is added to Paragraph 2a or WHO IS AN INSURED (Section II)

Paragraph (1) does not apply to executive officers or to managers at the supervisory level or above

SUPPLEMENTARY PAYMENTS - COVERAGES A AND B - BAIL BONDS - TIME OFF FROM WORK

Paragraph 1b of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

b Up to $3000 for cost of ball bonds requlred because of accidents or traffic law violations ariSing out of the use of any vahlels to which the Bodily Injury Uability Coveragamp applies We do not have to furnish these bonds

Paragraph 1d of SUPPLEMENTARY PAYMENTS shyCOVERAGES A AND B Is replaced by the following

d All roasonable expenses Inourred by the Inshysured at our request to assist liS In the Inshyvestigation or defense of the claim or middotsult including actual loss of earnings up to $500 a day because of time off from work

EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES

Provfslon 2s(1)(d) of WHO IS AN INSURED (Section II) Is deleted unless excluded by separate endorseshyment

EXTENDED COVERAGE FOR NEWlY ACQUIRED ORGANIZATIONS

Provision Ia of WHO IS AN INSURED (Section II) Is replaced by the following

s Coverage under Lhls provIsion Is aHorded only unlit the end of the policy period

EXTENDED PROPERTY DAMAGEIf

Ex-clusion a of COVERAGE A (Section Ills replaced by the foUowlng

a Bodily rnjuryW or property damage expepted or Intanded from the standpoint of the Insured thIs exclusion does not apply to bodily injury or property damageD (esulting from the usa of reasonable force to protect persons or property

00 7655 02 07 Page 3 of4 EP

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 36: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street roadway waterway or right-of-way of a railroad

- Paragraph 3 of DEFINmONS (Section V) Is replaced by the following bull INCREASED MEDICAL EXPENSE LIMIT

3 NBodily injury means bodily Injury Sickness or Tha Medical Expense Umlt Is amended (0 $10000disease sustained by a person including mantal anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any lime

The followIng Is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of OccJITI3nce Offense Claim Or Suit of

COMMERCIAL GENERAL UASIUTY CONDITIONS The following Is added to Paragraph 8 Transrer Of (SectIon IV)

Rights Of Recovery Against Others To Us of COMshyMERCIAL GENERAL LIASIWTY CONDITIONS (Sec- Knowledge of an occurrence claim or middotsuit bylion IV) your agent servant or employee shall not In itself

constitute knowledge of the named Insured unless an We waive any rights of recOvery we may have against officer of the named Insured has received such nolice any person or organlzallon because of payments we from the agent servant or employeemake for injury or damage arising out of your ongoing operations or your workU dona under a contract with UNINTENTIONAL FAILURE TO DISOLOSE ALL that person or organization and Included in the HAZARDS ftproducts-completed operations hazard This waiver applies only to a person or organization for whom you The following Is added to Paragraph 6 Rapresenta ara required by written contract agreement or permit lions of OOMMERCIAL GENERAL LIABILITY CONOI-to waive these rights of recovery nONS (Section IV)

AGGREGATE LIMITS OF INSURANCE - PER If you unintentionally fail to disclose any hazards ex-LOCATION Isting at the Inception dale of your poncy we wiU not

deny coverage under this Coverage Form becaus9 of For all sums which the insured becomes legally oblishy such fallure However this provision does nor affect gated to pay as damages causEid by occurrences our right to collect additional premium or exercise our under COVERAGE A (Sectlon Q and for all medical( right of cancellalion or non-renewal expenses caused by accIdents lII1der COVERAGE C (Section I) which can be attributed only to operations lJ6ERAUZAUON CLAUSE at a Single location

The following paragraph is added to COMMERCIAL Paragraphs 2a and 2b of Umits of Insurance Sec- GENERAL UASILITY CONDITIONS (Secton N)tion III apply separately to each of yollt middotIocatlons owned by or rented to you 10 If a revision to this Coverage Part which would

provide more coverage with no adltfltional preshyClocatlon- means premlsas Involving the same or mlum becomes effective during the policy period connecting lots or premises whose connection Is in the state shown in the Declarations your polshy

loV will automatically provide this additional covshyerage on the effective date of the revision

Pega4 or 4

i

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 37: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

-~ CERTIFICATE OF LIABiliTY INSURANCE lOCR~2 t OA PRODUCER

Cook Dish8roon amp Greathouse o Box 12909

~F-lkland CA 94604shy Phone 510-437-1900

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THe POUCIES BELOW

INSURERS AFFORDING COVERAGE NAlC ------------4--~----~

INSlJRSRA Financial Indemnity ~I~N~~~~~______________________________-+_______~

INSURSRC

INSURERD

INSURER

COVERAGES

THE POUCIES OF INSURANCS USTEO eaoWHAVS BEEN ISSUED TO THE INSURED NAApoundO ABOVE FOR THE POliCY PERIOD INDICATED NOTWITHSTANDING AtN REQUIREMENT TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFI~TEMAY BE ISSUED OR MAY PERTAlH1HE INSIJRMICeAFFOROED av THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS EXClUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS

UR 1iSR TYPe OF INSURANCe POUCY NUMSER DATE uMlbolYWf LIMITS

GENERAL WlBIUTY EACH OCCURRENCe $

f~~L_~ PREMlSESYea~) S gt

ClAIMS MADE D OCCUR MeDEXP(My $

PERSONAL amp ADV INJURY S

GCNERALAGGREGATE $

gt ~mAGG~n~APe=r~ PRODUCTSmiddotCOMPlaquolPAGG $

POLICY ~f8r 100

AUTOMOOILE UABIUTY COMBINED SINGLE LlMrr $ 3 000000A X E AtNAUTO FCFICV136536102 053010 OS30n (Ea bullbulleldenl)

ALLOwNEO AUTOS COMMERCIAL AUTO SoOltYINJURY lPlIfPMon) $

~ SCHEDULEOAUTOS ~

- HIRED AUTOS OODILY INJURY NONoWNED AUTOS (Per acddenl) S

-r-shy PROPERTY DAMAGE $

I (Pet accident)

GARAGE LIASIUTY AUTO ONlYmiddot EA ACCIDENT $

F=i AtNAUTO EAACC $OTHER THAN

AUTO ONlY AOG $

EXCESS I UMBRELLA LIABIUTV RREKCEl $

tJ OcCuR D ClAIMS MADE -shy

AGGREGATE $

$RDeOOC1laLE $

RETENTION $ $

==g~ti~~~ YIN 1ampIIli)W I ~ CUTIiJ ACCIDENT

SL DISEASEmiddot EA EMPLO $111~lr ELDISEASE-POUCYUMrr SECIAl PROVISIONS below

OTlIER

DESCRIPTION OF OPERATlOHS ILOCATIONS IVEHIOlES I EXCWSIONS ADDEO BY INDORSEMENT I SPEctALPROVISIONS 10 day notice of cancellation will apply for non-payment of premium Rei Lead Poisoning Prevention ProgramCounty of Alameda its board of Supervisors the individual members therof and all County officers agents employees and representatives are additional insureds endorsement to follow CERTIFICATE HOLDER CANCELLATION

SHOULD Aff( OF THE ABOVE DESCRIBED POLICIES BE CANCfuED BEFORE TIlE IlltFIRATION

COUNALA DATE THEREOF THE ISSUING INSURER WIll ENDEAVOR TO NAIL ~ DAYS WRlTIEN

NOTICE TO TIlE CERTIFlCATE HOLDIlR NAloIEO TO THE lEFT BUT FAILURE TO DO SO SHAU

POSE NO OBLIGATION OR LlABIUTY DF AIfY KIND UPON THE INSURER rrs AGElT8 OR

REPRESENTA llVES County of Alameda 399 Elmhurst Street iEavward CA 94544

-0 25 (200901) 1988-2009 ACORD CORPORATION All rights reserved ( The ACORD name and logo are mgistered marks of ACORD

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 38: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

Contract No _---7)-D_tA___

EXHIBITD

COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION

(Applicable to all agreements funded in part or whole with federal funds and contracts over $25000)

The contractor under penalty of perjury certifies that except as noted below contractor its principals and any named and unnamed subcontractor

bull Is not currently under suspension debarment voluntary exclusion or

determination of ineligibility by any federal agency

bull Has not been suspended debarred voluntarily excluded or determined

ineligible by any federal agency within the past three years

bull Does not have a proposed debarment pending and

bull Has not been indicted convicted or had a civil judgment rendered against it by

a court of competent jurisdiction in any matter involving fraud or official

misconduct within the past three years

)

If there are any exceptions to this certification insert the exceptions in the following space

Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility For any exception noted above indicate below to whom it applies initiating agency and dates of action

Notes Providing false information may result in criminal prosecution or administrative sanctions The above certification is part of the Standard Services Agreement Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification

CONTRACfOR _Manos Janitorial Inc

PRINCIPAL _--O-t=toR=o-d=n~middotg=u=ez______ TITLE ManagerPresident

SIGNATURE --77~f--~-~-------- DATE __fr-0_fr-0_jt)_y(-C1___

Revised 43009

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

F

fA-___-

~ L~Y)

Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

~

--

middotCFOA ~ Catalog r Federal Oomesfic Assistame

Page 39: RECOMMENDATION · Manos Janitorial, Inc. (Principal: Otto Rodriguez, President; Location: Oakland) to perform environmental treatment and safety device installation services in residential

-----

FEDERAL GRANT FUNDS SMALL LOCAL EMERGING BUSINESS (SLEB) WAIVER REQUEST

REQUIRED TO SOLICIT BIDSPROPOSALS AND AWARD CONTRACTS THAT INCLUDE FEDERAL GRANT FUNDS THAT PROHIBIT GEOGRAPHICAL PREFERENCES

DIRECT ON Si Complete 1middot6 below and submit this form with supportIng documentation specifically stating thai geographic preferences are banned for the requested procurement to the Auditor Conlroller acc al QIC 20111 or via email to ACSlEB Waiver upon approval a Federal Funds Waiver number will be issued This number Is a mandatory fteld required fo enter (I Procurement Contract In AlCOUNK acc will return approvals and denials fo the Requesting Department lIst~d below

I Requesting DepartmentContact Information

a Departmen1 NomeAlameda County Lead Poisoning Prev~ntion

b Contact Firsl and last Nome April Wilfiamson QIC 22701

c Email Address~Apr1 WiJliElfllsonacgovQrg Phone Number 567-8255

2 Procurement Description Environmental Treatment and safety device installamiddottiltn-Vendpt

will provide envir0rlflental trea~men~ servl~es in elianthomas - CFC~N ~o _1_4_9_o_1___

3 Indicate if ~aiver is being ~-=SOlicil

r- ~WOiver r~flSjUklS wilhout SlEB provisions

)r r7~aiver req~esllo Award Contract with ~UnIYCounsel ap

( J_ ( J Contractor NorneCUy ~ _

I 0J (J rrf-Jlh V ~~ Centrad Tolal Conlra~1 Value l Contracl Slart Ddte3--SJO

Contract Amendment 0 Time- 0 Money

4 D Ched here it the ~Qllederal Regulations (dRI specifically prohibits geographicQi

preferences ror the procuremenl described above and supporting CFR copy Is attached CFR Numbir 24 CfR part 85 CFR Nome AdminislratNe Requlrltlm~IIS Granls and Coolleroli~e

5 D Chedlt here if Fedetqi 9~$nt fQildsote sub grQM~~6r PQssli~ttJ(l~tt rQITHhe~f9te to fhe- County wl1ere Slate laws prohibit geographical preferences for the procuremenl described above and supporting sub gront~documenfs are attached

bids andor award a contract

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Contract End Date l~1j1tofl2gt Increase Amount $---~r-

6 SI~t4~liO~t~~~middot~er ~~ ~ ~frI~n(1D~qrtm~middot t H~O

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