Custodial Services Citywide.pdf

INVITATION FOR BID

CUSTODIAL SERVICES CITYWIDE

26-27-07

IFB SCHEDULE

Release Date September 11, 2026

Pre-Bid Meeting (Mandatory) September 24, 2026, 9:00am

Council Chambers, Anaheim City Hall, 200 S.

Anaheim Blvd., 1st

Floor, Anaheim, CA 92805

Question Submission Deadline October 1, 2026, 2:00pm

Bid Submission Deadline October 12, 2026, 3:00pm

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1. Divider

1.1. GENERAL INFORMATION

1.1.1. INTRODUCTION

The City of Anaheim, Public Works Department, (hereinafter referred to as City) is requesting competitive bids from qualified vendors (hereinafter referred to as Bidder) for Custodial Services Citywide. The awarded Contract, (hereinafter referred to as Contract) will be between the City and awarded Bidder, (hereinafter referred to as Contractor) in accordance with the City Master Agreement Terms &

Conditions, conditions and scope of work. This is a fully electronic solicitation – only electronic bids submitted through the City’s online bidding system will be allowed; no other form of bid submittals will be accepted. Prior to submitting a bid, Bidders are advised to carefully read the instructions below, including the City Master Agreement Terms & Conditions and any solicitation attachments and/or exhibits.

1.1.2. IMPORTANT NOTICE

The City has attempted to provide all information available. It is the responsibility of each Bidder to review, evaluate, and, where necessary, request any clarification prior to submission of a bid. If any person contemplating submitting a bid in response to this IFB is in doubt as to the true meaning of any part of the solicitation documents attached hereto or finds discrepancies in or omissions from the specifications, they must submit a written request for clarification/interpretation to the City via the City’s online biding system.

1.1.3. IMPORTANT DATES

These dates only apply to IFB# 26-27-07

Release Date: September 11, 2026

Pre-Bid Meeting (Mandatory): September 24, 2026, 9:00am

Council Chambers, Anaheim City Hall, 200 S.

Anaheim Blvd., 1st

Floor, Anaheim, CA 92805

Question Submission Deadline: October 1, 2026, 2:00pm

Bid Submission Deadline: October 12, 2026, 3:00pm

1.1.4. COMMUNICATION

Bidders are not to contact other City personnel with any questions or clarifications concerning this

Invitation for Bid (IFB). City will provide all official communication concerning this IFB. Any City response relevant to this IFB other than through or approved by City is unauthorized and will be considered invalid.

All questions regarding this IFB must be submitted via the City’s eProcurement Portal at:

https://procurement.opengov.com/portal/anaheim.

1.1.5. CLARIFICATION/INTERPRETATION

https://procurement.opengov.com/portal/anaheim

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If clarification or interpretation of this solicitation is considered necessary by City, a written addendum shall be issued and the information will be posted on City’s online bid system. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City. All addenda will be submitted and posted on the City’s online bidding system. It is the responsibility of each Bidder to periodically check the City's online biding system to ensure that they have received and reviewed any and all addenda to this solicitation. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.

All questions or requests for interpretation must be received by Thursday, October 1, 2026 before

2:00 pm.

1.1.6. REVIEW

Before submitting a bid, Bidders shall carefully review the General Instructions and examine the solicitation contents, including the City Master Agreement Terms & Conditions and Scope of Work. Bidders shall include in their bid response a monetary sum to cover the cost of all items included in the Contract. The

City Master Agreement Terms & Conditions contained in this solicitation is the Contract proposed for execution. Upon award, awarded Bidder will be required to sign and submit Contract for execution.

1.1.7. RESPONSIVENESS

Responsive bids shall include completed submittals/attachments provided in the VENDOR

QUESTIONNAIRE.

1.1.8. BID SUBMISSION

Electronic Bids shall be submitted via the City’s online bidding system via the following link https://procurement.opengov.com/portal/anaheim. All required sections of the IFB as listed above, must be submitted via the City’s eProurement Portal. Bidder is solely responsible for “on time” submission of their electronic bid. The City will not accept late bids and no exceptions shall be made. City will only receive those bids that were transmitted successfully.

Note: Electronic Bids cannot be viewed by City until after the IFB deadline. If you encounter any problems with your registration, system, bid submission, or other system issues please contact OpenGov’s support staff via the live chat option or via email at procurement-support@opengov.com.

1.1.9. AWARD

Upon recommendation of Contract award, Bidder will be required to submit the following documents within seven (7) days of City notification, unless otherwise specified in the solicitation:

A. Insurance: Certificate(s) of Insurance, including additional Insured Endorsement(s); refer to City

Master Agreement Terms & Conditions, Article O-Insurance

B. W-9 Form: Current signed W-9 (Taxpayer ID No & Certification), which includes Contractor’s

Legal Business Name(s). Out of State Vendors may be required to submit a 587/590 Form.

1.1.10. PRICING

A. Bid Prices: The bid prices quoted on this solicitation shall be firm for the entire contract term of the awarded Contract.

https://procurement.opengov.com/portal/ocgov/projects/299986/document?section=2877201 https://procurement.opengov.com/portal/ocgov/projects/299986/document?section=2877201 https://procurement.opengov.com/portal/anaheim mailto:procurement-support@opengov.com

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B. Addenda: Bid prices offered shall reflect all addenda issued by City.

C. Scope of Work: Bids shall be submitted only for the items and/or services as stated in the Scope of Work, Attachment A of City Master Agreement Terms & Conditions; bids for other than the items and/or services listed will not be considered.

D. Firm Prices: The City will only consider firm price bids.

E. Profit: The net amount of profit will remain firm for the entire term of the Contract. Contract adjustments which increase Contractor’s profit will not be allowed.

F. Price Decreases: All price/rate decreases will automatically be extended to the City. Please reference Paragraph – Price Increase/Decrease provision for additional information.

G. Acceptance: Bids must be provided for each item separately, “all-or-none” bids will not be accepted unless in the best interest of the City.

1.1.11. NO SUBSTITUTION

The bidder is required to meet all specifications and requirements contained in this solicitation. No substitutions will be accepted, unless prior City written approval is received.

1.1.12. DISCREPANCIES

Bidder shall take all responsibility for any errors or omissions in their bids. Any discrepancies in numbers or calculations shall be interpreted to reflect the lowest price to the City.

If prior to contract award, a Bidder discovers a mistake in their bid which renders the Bidder unwilling to perform under any resulting contract, the Bidder must immediately notify the buyer and request to withdraw the bid. It shall be solely within the City's discretion as to whether withdrawal will be permitted. If the solicitation contemplated evaluation and award of "all or none" of the items, then any withdrawal must be for the entire bid. If the solicitation provided for evaluation and award on a line item or combination of items basis, the City may consider permitting withdrawal of specific line item(s) or combination of items.

1.1.13. Waivable Informality

The City reserves the right to waive any informality or irregularity in any bid or proposal, provided such waiver does not result in a material deviation from the requirements of the bid or proposal. The City, at its sole discretion, may accept a bid that contains minor defects or discrepancies as long as such defects or discrepancies do not affect the fairness, competitiveness, or outcome of the bid process. Any bid with minor noncompliance or errors may be corrected and considered for evaluation, unless such correction would alter the intended outcome of the bid or give the bidder an unfair advantage.

1.1.14. BID EXPENSES

The City shall not be liable for any expenses incurred by potential Contractors in the preparation or submission of their bids. Pre-contractual expenses are not to be included in the Contractor’s Pricing Sheet.

Pre-contractual expenses are defined as, but not limited to, expenses incurred by Bidder in:

A. Preparing its bid in response to this IFB.

B. Submitting that bid to the City.

C. Negotiating with the City any matter related to the bid; and, D. Any other expenses incurred by the Bidder prior to the date of the award and execution, if any, of the Contract.

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1.1.15. PROTEST PROCEDURES

Any actual or prospective bidder or proposer who alleges an error or impropriety in the solicitation or award of a contract may submit a protest to the appropriate Procurement Contact as set forth herein.

Protest Instructions

All protests shall be typed under the protester’s letterhead and submitted in accordance with the provisions stated herein and emailed to the Assigned Buyer/Purchasing Liaison. All protests shall include, at a minimum, the following information:

A. The name, address, telephone number, and email address of the protester;

B. The signature of the protester or the protester’s representative;

C. The solicitation number;

D. A detailed statement of the legal and/or factual grounds for the protest; and

E. The form of relief requested.

Protest of the Solicitation Specifications

All protests related to the solicitation specifications must be submitted to the appropriate soliciting department’s Assigned Buyer/Purchasing Liaison no later than three (3) business days prior to the close of the solicitation.

A. Protests received after the three (3) business days deadline will not be considered by the City.

B. In the event the protest of specifications is denied, and the protester wishes to continue in the solicitation process, they must still submit a bid or proposal prior to the close of the solicitation in accordance with the solicitation submittal procedures provided in the solicitation.

Protest of Award of Contract

A protest for an award of contract in relation to a solicitation must be received no later than three (3) business days after the Notice of Award is posted on the City’s online bidding system.

A. Protests relating to a proposed contract award received after the three (3) business day deadline will not be considered by the City.

B. If the three (3) business day period expires without the receipt of a protest, the department may move forward with the Contract award or if necessary, file the item for approval by the City

Council.

Protest Process

In the event of a timely protest, the City shall not proceed with the solicitation or award of the contract until the Procurement Contact issues a decision on the protest.

A. Upon receipt of a timely protest, the Assigned Buyer/Purchasing Liaison will within five (5) business days of the receipt of the protest, issue a decision in writing which shall state the reason for the actions taken.

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B. The City may, after providing written justification to be included in the purchasing file, make the determination that an immediate award of the contract is necessary to protect the substantial interests of the City. The award of a contract shall in no way compromise the protester’s right to the protest procedures outlined herein.

C. If the protester disagrees with the decision of the Procurement Contact, the protester may submit a written notice to the City of Anaheim Purchasing Agent requesting an appeal.

Appeal Process

A. If the protester wishes to appeal the decision of the Procurement Contact, the protester must submit, within three (3) business days from the receipt of the Procurement Contact decision, a written appeal to the City of Anaheim Purchasing Agent.

B. All appeals must be emailed to purchasing@anaheim.net.

C. Within ten (10) business days, the City of Anaheim Purchasing Agent will review all materials in connection with the appeal, assess the merits of the appeal and provide a written determination that shall contain their decision. The decision of the City of Anaheim Purchasing Agent will be final.

1.1.16. ACCEPTANCE/REJECTION/AWARD

Acceptance/Rejection/Award

A. Bids submitted in response to this IFB may become subject to public disclosure under the California

Public Records Act, and other applicable law. The City shall not be liable in any way for disclosure of any such records. Additionally, all bids shall become the property of the City.

B. The lowest responsive, responsible Bidder will be recommended for contract award.

C. Bids will be reviewed by the City for responsiveness to all requirements. The City has the right to reject any bid deemed unresponsive or lacking the resources or experience to adequately perform the services described herein.

D. Only those responsible, responsive bids meeting all solicitation requirements and specifications shall be further reviewed for consideration for award. Award shall be based on the lowest, responsive, responsible bid.

E. Please take notice, non-acceptance of the City terms and conditions, incorporated in City

Master Agreement Terms & Conditions, may deem a bid non-responsive. City may not accept any other terms, conditions, or provisions contrary to those contained within this solicitation.

F. Final award determination shall be based upon the lowest responsive, responsible bid, and may also include a review of Bidder’s ability to meet the requirements and perform the services specified in this solicitation; Bidder’s references and past performance; and Bidder’s acceptance of City terms and conditions. In addition, City reserves the right to verify and validate any information prior to Contract Award and during the entire term of the Contract.

G. By submitting a response to this solicitation, Bidders agree to accept the decision of the City as final.

mailto:purchasing@anaheim.net

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H. Awarded Bidder will be required to sign a contract upon award. If Bidder is a corporation, signature will be provided in accordance with the corporation’s code as specified in this solicitation.

1.1.17. RIGHTS RESERVED TO CITY

The City reserves the right to:

A. Waive, at its discretion, any irregularity or informality, which City deems correctable or otherwise not warranting rejection of the bid.

B. City reserves the right, at its sole discretion, to make multiple awards to Bidders for services requested in this solicitation.

C. Accept or reject in whole or in part any or all bids received as a result of this solicitation at its sole discretion and to solicit for new bids, as the best interest of the City may require.

D. Negotiate the final Contract with the lowest, responsive and responsible Bidder or Bidders as necessary to serve the best interests of the City.

E. Withdraw or cancel in part or in its entirety this solicitation at any time without prior notice and furthermore makes no representation that any contract will be awarded to any Bidder responding to this solicitation.

F. Award its total requirements to one Bidder or to apportion those requirements among two or more

Bidders as the City may deem to be in its best interests; therefore, bids must be provided for each item separately; “all-or-none” bids will not be accepted unless in the best interest of the City.

1.1.18. UNFAIR PRACTICES AND OTHER LAWS

Bidder warrants that its bid complies with the Unfair Practices Act (Business and Professions Code Section

17000 et seq.) and all applicable Local, State and Federal laws and regulations.

1.1.19. INDEPENDENCE OF BID

By submitting a bid, Bidder swears under penalty of perjury that it did not conspire with any other supplier to set prices in violation of anti-trust laws.

1.1.20. AMERICANS WITH DISABILITY ACT (ADA)

To comply with the non-discrimination requirements of the ADA, it is the policy of the City to make every effort to ensure that its programs, activities and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable modification to participate in the procurement process, or for persons having questions regarding reasonable modifications for the procurement process, you must contact the buyer listed in the solicitation.

1.1.21. UNIQUE IDENTITY IDENTIFIER NUMBER (UEI)

The City requires a valid UEI number prior to Contract Award of Human Services. If needed, your company may obtain one at no cost at www.usfcr.com. If you are unable to provide/obtain a UEI number, please indicate so in your bid submission response.

1.1.22. BID VALIDITY

Bids will be valid for a period of 180 days after IFB closing date.

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1.2. VENDOR QUESTIONNAIRE

1. COMPLIANCE CERTIFICATION QUESTIONS

1.1. I certify that I, the individual responding to this Bid, am an authorized representative with the authority to certify and submit the following legally binding statements in this Bid

Response on behalf of my company.*

☐ Please confirm

*Response required

1.2. Name and title of authorized representative certifying and submitting this Bid

Response.*

*Response required

1.3. Bid Validity.*

Bid will be valid for a period of 180 days after Bid closing.

☐ Yes

☐ No

*Response required

When equals "No"

1.3.1. If you selected No, how long will your bid be valid?*

*Response required

1.4. Company Legal Name and DBA, if applicable*

*Response required

1.5. Company Legal Status*

☐ Corporation

☐ Partnership

☐ Sole Proprietor

☐ Limited Liability Corporation

☐ Limited Liability Partnership

☐ Other

*Response required

1.6. If your company is incorporated, please include the name(s) and title(s) of the officers*

If this question does not apply to your firm, please respond by typing in "N/A."

*Response required

1.7. Length of time the firm has been in business*

*Response required

1.8. Length of time at current location*

*Response required

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1.9. Regular Business Hours*

*Response required

1.10. Regular Holidays and Hours when business is closed:*

*Response required

1.11. Federal Taxpayer I.D. No:*

*Response required

1.12. Property Service Employer Registration Number

1.13. UEI No*

The City requires a valid unique entity identifier (UEI) number prior to Contract Award. Your company must obtain one at no cost at www.usfcr.com.

*Response required

1.14. In the event of an emergency or declared disaster, the following information is required:*

• Name of Contact individual during non-business hours:

• Telephone No:

• Fax Number:

• E-mail Address:

• Cell or Pager Number:

*Response required

1.15. Contact Person for Accounts Payable*

*Response required

1.16. Conflict of Interest Statement*

The Political Reform Act (Government Code sections 81000 - 91014) and Government Code section 1090 prohibit any City public official or officer from involvement in a governmental decision or contract in which he or she has a financial interest.

It is the responsibility of the contractor, contractor’s employees, and subcontractors who perform work under contract with the City to evaluate any potential conflict of interests. Be advised that a prohibited conflict of interest may void any award where a conflict exists.

I, the undersigned, hereby certify that I have reviewed and understand the above paragraphs, and in furtherance of the foregoing, I have evaluated and caused my company’s employees and subcontractors to evaluate any potential conflict of interests. Based on this evaluation, I hereby further certify that no such conflict of interests exists.

☐ Please confirm http://www.usfcr.com/

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1.17. Non-Collusion Declaration*

I represent the party (“Respondent”) making the foregoing bid (“Bid”) and declare as follows:

• The Bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization, or corporation;

• The Bid is genuine and not collusive or a sham;

• The Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham Bid and has not directly or indirectly colluded, conspired, connived, or agreed with any other respondent or anyone else to put in a sham Bid or withhold from submitting a Bid;

• The Respondent has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the Bid price of the Respondent or of any other respondent or to fix any overhead profit or cost element of the Bid price, or of that of any other respondent, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and

• All statements contained in the Bid are true, and further, that Respondent has not directly or indirectly submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with Respondent in the general business.

☐ Please confirm

*Response required

1.18. Compliance with the Levine Act (Government Code Section 84308)*

☐ Yes

☐ No

*Response required

1.19. The Levine Act: City of Anaheim Campaign Contribution Disclosure*

Please download the below documents, complete, and upload.

• CAMPAIGN_CONTRIBUTION_DISCL...

*Response required

1.20. Contract Performance*

Address whether at any time during the past five years respondent has had a contract terminated for convenience, non-performance, or any other reason, or has been a party in a legal action involving a customer. Describe the situation(s) including name and address of contracting party and circumstances.

https://government-project.s3.us-west-2.amazonaws.com/299986/1b2cb546-a168-4588-bbdf-3ab0a45beea6_CAMPAIGN_CONTRIBUTION_DISCLOSURE_FORM_CITY_%284%29.docx

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1.21. Litigation in relation to the services provided to the City or other government entities in the past five (5) years*

Respondent must certify either Yes or No:

A. (Yes) Respondent certifies current/past litigation as follows:

1. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in

Respondent, in the past five (5) years.

B. (No) Respondent certifies that Respondent or any proposed subcontractors do not have any past or current litigation described above.

☐ Yes

☐ No

*Response required

When equals "Yes"

1.21.1. Respondent shall provide detailed information regarding litigation (court and case number), liens, or claims involving Respondent, or any company that holds a controlling interest in Respondent, against the City in the past five (5) years.*

*Response required

1.22. Name/Ownership Changes*

Respondent certifies past company name changes and/or ownership changes, for Respondent’s firm as follows:

☐ Yes

☐ No

*Response required

When equals "Yes"

1.22.1. If Yes, please describe:*

*Response required

1.23. Statement of Compliance*

A. (Yes): Bidder certifies it is in strict compliance with this Bid, including, but not limited to the terms and conditions set forth in the City Master Agreement Terms & Conditions and its

Attachments, and no exceptions are proposed.

B. (No): Bidder certifies it is in strict compliance with this Bid, including the terms and conditions set forth in the City Master Agreement Terms & Conditions and its Attachments and Exhibits, except for those exceptions expressly listed as required by this Bid and attached hereto. Attachments for each proposed exception to this Bid, including, but not limited to the

Model Contract, must include:

1. The complete provision Bidder is taking exception to.

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2. The Bid page number and section of the provision Bidder is taking exception to.

3. The suggested rewording (i.e., Microsoft Word track changes)

4. Reason(s) for submitting the proposed exception.

5. Any impact the proposed exception may have on the services to be provided.

☐ Yes

☐ No

*Response required

When equals "No"

1.23.1. Identify Contract Exceptions to be Considered Below:*

*Response required

1.24. Financial Status*

Bidder shall indicate whether its principals, directors, or majority shareholder(s), or any company Bidder has held a controlling interest in, or which has held a controller interest in Bidder, has ever filed or has been involuntarily put into bankruptcy or has been declared bankrupt. If yes, attach statement indicating the bankruptcy date, court jurisdiction, trustee’s name and telephone number, amount of liabilities, amount of assets and current status of bankruptcy. Select "YES" to attach information or select "NO" if no prior or pending action.

☐ Yes

☐ No

*Response required

When equals "Yes"

1.24.1. Upload documents here*

*Response required

1.25. W9 Form*

*Response required

1.26. Evidence of Insurance*

*Response required

2. BID RESPONSE

2.1. References (minimum 3)*

Please Provide the following information for at least three (3) references:

Bidder shall submit at least three (3) satisfactory references for comparable custodial services performed within the preceding three (3) years.

At least one reference shall verify the qualifying contract identified under Section A, General Qualifications, including the 750,000-square-foot-per-business-day and twelve (12) month experience requirements.

Qualifying references shall:

A) Be for services performed at facilities located within the United States;

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B) Include a verifiable client contact; and C) Be comparable in size, service frequency, complexity, and scope to this

RFB.

Work performed outside the United States may be submitted as supplemental experience but shall not satisfy the minimum reference requirement.

The City may conduct reference checks and on-site inspections for the apparent lowest responsive and responsible

Bidder. At least one qualifying reference facility shall be reasonably accessible for an in-person City inspection.

Previous work performed for the City of Anaheim may be used as a reference, and the City may consider its own experience with Bidder whether or not listed.

An unsatisfactory reference, failed site inspection, inability to verify required experience, or material discrepancy may result in disqualification.

• Firm Name:

• Address:

• Contact Person:

• Phone Number:

• Email Address:

• Contract Description:

• Contract Term:

• Contract Amount:

*Response required

2.2. Safety Data Sheets (SDS)*

Contractor is required to provide a Safety Data Sheet (SDS) compliant with California Code of Regulations, Title 8, Section 5194, for each hazardous substance that is provided, used or created as part of the goods or services provided by Contractor to City. The SDS for each substance must be sent to either the City

Project Manager, as specified in the “Notices” provision of this Contract, or to the place of shipment or provision of goods/services.

*Response required

3. CERTIFICATION REGARDING DEBARMENT, SUPENSION,

PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS

(FORM)

"Principals," for purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager;

plant manager; head of subsidiary, division, or business segment; and similar positions).

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This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Section

1001, Title 18, United States Code.

Bidder shall provide immediate written notice to the City if, at any time prior to contract award, Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

A certification that any of the items in this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of Bidder's responsibility. Failure of Bidder to furnish a certification or provide such additional information as requested by the City may render the Bidder nonresponsible.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The certification in this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the City may terminate the contract resulting from this solicitation for default.

3.1. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ ARE presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency.

☐ ARE NOT presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency.

*Response required

3.2. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ HAVE, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

☐ HAVE NOT, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

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3.3. Bidder certifies, to the best of its knowledge and belief, that Bidder and/or any of its

Principals*

☐ ARE presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of, any of the offenses enumerated in this "CERTIFICATION REGARDING

DEBARMENT, SUPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY

MATTERS" provision.

☐ ARE NOT presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of, any of the offenses enumerated in this "CERTIFICATION REGARDING

DEBARMENT, SUPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY

MATTERS" provision.

*Response required

3.4. Bidder certifies, to the best of its knowledge and belief, that Bidder*

☐ HAS, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

☐ HAS NOT, within a three-year period preceding this offer, had one or more contracts terminated for default by any federal agency.

*Response required

1.3. PRICING

SCHEDULE 1 - RECURRING FACILITY CUSTODIAL SERVICES

One annual price per location for all routine custodial service at that location. The annual price also includes applicable quarterly air vent cleaning, monthly workout gym disinfection, and monthly bleacher

/ gum removal identified in Attachment 1; those services are not priced separately. An asterisk (*) denotes a LEED-designated facility.

Line Item Description Quantity Unit of

Measure Unit Cost Total

SCHEDULE 1 - RECURRING FACILITY CUSTODIAL SERVICES Section Header

1 FAC-01911 Hangar Building 909 E.

Vermont Ave. 1x/week 52 Week

2 FAC-021014 S. Street Utility

Warehouse1014 E. South St.2x/month 24 Month

3 FAC-03Anaheim Accessibility

Center100 S. Atchison St.5x/week 260 Week

4 FAC-04Anaheim West Tower *201 S.

Anaheim Blvd.5x/week 260 Week

5 FAC-05APD Disney Station1639 West

Pl.5x/week 260 Week

IFB | Custodial Services Citywide Page 15

Line Item Description Quantity Unit of

Measure Unit Cost Total

6 FAC-06APD Garden Walk321 W.

Katella Ave., Ste. 1805x/week 260 Week

7 FAC-07APD Jail425 S. Harbor

Blvd.7x/week 364 Week

8 FAC-08APD Main Station425 S.

Harbor Blvd.7x/week 364 Week

9 FAC-09APD SWAT / EO Annex4950

E. La Palma Ave.2x/week 104 Week

10 FAC-10Brookhurst Community

Center2271 W. Crescent Ave.7x/week 364 Week

11 FAC-11Canyon Hills Library400 S.

Scout Trail6x/week 312 Week

12 FAC-12Canyon Power Plant3071 E.

Miraloma Ave.2x/week 104 Week

13 FAC-13Carnegie Museum241 S.

Anaheim Blvd.7x/week 364 Week

14 FAC-14Central Library500 W.

Broadway7x/week 364 Week

15 FAC-15City Hall - Bldgs A, B, C200 S.

Anaheim Blvd.5x/week 260 Week

16 FAC-16City Hall Parking Structure &

Tunnel200 S. Anaheim Blvd.5x/week 260 Week

17 FAC-17Dixco Building847 East

St.5x/week 260 Week

18 FAC-18Downtown Community

Center250 E. Center St.7x/week 364 Week

19 FAC-19Downtown Youth Center

Box/Gym225 S. Philadelphia

St.7x/week

364 Week

20 FAC-20East Anaheim Community

Center8201 E. Santa Ana Canyon

Rd.7x/week

364 Week

IFB | Custodial Services Citywide Page 16

Measure Unit Cost Total

21 FAC-21East Anaheim Gym8165 E.

Santa Ana Canyon Rd.7x/week 364 Week

22 FAC-22East Anaheim Library8201 E.

Santa Ana Canyon Rd.7x/week 364 Week

23 FAC-23East Anaheim PD8201 E.

Santa Ana Canyon Rd.5x/week 260 Week

24 FAC-24EUC Field Operations

(formerly USC)909 E. Vermont

Ave.5x/week

260 Week

25 FAC-25EUC Warehouse (formerly

USC)901 E. Vermont Ave.5x/week 260 Week

26 FAC-26Euclid Library1340 S. Euclid

Ave.5x/week 260 Week

27 FAC-27Family Justice Center150 W.

Vermont Ave.5x/week 260 Week

28 FAC-28Fire Headquarters (1st Floor

Fire Station 1)500 E.

Broadway5x/week

260 Week

29 FAC-29Haskett Library *2650 W.

Broadway7x/week 364 Week

30 FAC-30Heliport in Fullerton236 N.

Dale Pl., Fullerton2x/week 104 Week

31 FAC-31Lenain Water Treatment

Plant6751 Walnut Canyon Rd.5x/week 260 Week

32 FAC-32Linda Vista Reservoir

Operations Building1411 N. Tustin

Ave.1x/week

52 Week

33 FAC-33Miraloma Family Resource

Center *2600 E. Miraloma

Way5x/week

260 Week

34 FAC-34Muzeo115 W.

Broadway7x/week 364 Week

IFB | Custodial Services Citywide Page 17

Measure Unit Cost Total

35 FAC-35Oak Canyon Nature

Center6700 Walnut Canyon

Rd.5x/week

260 Week

36 FAC-36Olive Hills Pump Station770

S. Nohl Canyon Rd.1x/month 12 Month

37 FAC-37Parks Central Yard900 E.

South St.5x/week 260 Week

38 FAC-38Pinney Recreation Center &

Parks Building111 N. Pinney

Dr.5x/week

260 Week

39 FAC-39Ponderosa Family Resource

Center *320 E. Orangewood

Ave.7x/week

364 Week

40 FAC-40PW Fleet & Facility Yard

(F&F; Offices)955 S. Melrose

St.5x/week

260 Week

41 FAC-41PW Fleet & Facility Yard

(Gym & crew quarters)955 S. Melrose

St.5x/week

260 Week

42 FAC-42PW Operations (Streets &

Sanitation including Gym)400 E.

Vermont Ave.5x/week

260 Week

43 FAC-43Sustainability Education

Center (SEC) *888 S. Rose Pl.1x/week 52 Week

44 FAC-44Sunkist Library901 S. Sunkist

St.6x/week 312 Week

45 FAC-45Transfer Facilities-PW2157

W. Crescent St.1x/week 52 Week

46 FAC-46Troubleshooters1154 N.

Kraemer Blvd.5x/week 260 Week

47 FAC-47Twila Reid Recreation

Center3100 W. Orange Ave.1x/week 52 Week

IFB | Custodial Services Citywide Page 18

Measure Unit Cost Total

48 FAC-48Vermont Yard (Boysen/Urban

Forestry)1426 E. Vermont

Ave.5x/week

260 Week

49 FAC-49Well 49900 W. La Palma

Ave.1x/month 12 month

50 FAC-50Well 531211 S. Magnolia

Ave.1x/month 12 month

51 FAC-51Well 602069 S. Santa Cruz

St.1x/month 12 month

52 FAC-52West Anaheim PD *320 S.

Beach Blvd.5x/week 260 Week

53 FAC-53West Anaheim Youth Center

*320 S. Beach Blvd.7x/week 364 Week

[*] Denotes item is taxable

Sales Tax (@ 7.75%)

TOTAL

SCHEDULE 2 - RECURRING DAY PORTER SERVICES

Recurring day porter staffing is separate from special-event or additional porter requests, which are priced in Schedule 7. A full-time porter is 40 hours per week; the part-time porter is 30 hours per week.

Line Item Description Quantity Unit of

Measure Unit Cost Total

SCHEDULE 2 - RECURRING DAY PORTER SERVICES Section Header

54 DP-01APD Jail / APD Main Station1 full-time day porter40 2,080 Hours

55 DP-02City Hall / Anaheim West Tower

/ Downtown Youth Center / Downtown

Community Center2 full-time + 1 part-time day porter110

5,720 Hours

56 DP-03All Libraries & Family Justice

Center1 full-time day porter40 2,080 Hours

IFB | Custodial Services Citywide Page 19

Measure Unit Cost Total

[*] Denotes item is taxable

SCHEDULE 3 - FLOOR MAINTENANCE

One annual price per facility or combined service area covering all scheduled floor-maintenance services shown in Attachment 2 - Flooring & Maintenance. A blank or omitted service in Attachment 2 is not required and is not priced here. An asterisk (*) denotes a LEED-designated facility.

Line Item Description Quantity Unit of

Measure Unit Cost Total

SCHEDULE 3 - FLOOR MAINTENANCE Section Header

57 FAC-01911 Hangar BuildingCarpet:

Bonnet Spin 1x, Extraction 1x;

VCT/Terrazzo: Strip / Refinish 1x

1 Annual

58 FAC-021014 S. Street Utility

WarehouseVCT/Terrazzo: Strip /

Refinish 2x; Concrete: Mechanically

Clean 1x

1 Annual

59 FAC-03Anaheim Accessibility

CenterCarpet: Bonnet Spin 2x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 1x, Strip / Refinish 2x; Rubber:

Scrub & Wax 1x

1 Annual

60 FAC-04Anaheim West Tower *Carpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 6x, Strip /

Refinish 6x; Concrete: Mechanically

Clean 12x

1 Annual

61 FAC-05APD Disney

StationVCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 2x; Rubber: Scrub &

Wax 3x

1 Annual

IFB | Custodial Services Citywide Page 20

Measure Unit Cost Total

62 FAC-06APD Garden WalkCarpet:

Bonnet Spin 2x, Extraction 1x;

VCT/Terrazzo: Buff / Polish 2x, Strip /

Refinish 1x

1 Annual

63 FAC-07APD JailCarpet: Bonnet Spin

2x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 2x

1 Annual

64 FAC-08APD Main StationCarpet:

Bonnet Spin 6x, Extraction 6x;

VCT/Terrazzo: Buff / Polish 12x, Strip

/ Refinish 12x; Rubber: Scrub & Wax

1x

1 Annual

65 FAC-09APD SWAT / EO

AnnexCarpet: Bonnet Spin 2x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 3x, Strip / Refinish 3x

1 Annual

66 FAC-10Brookhurst Community

CenterCarpet: Bonnet Spin 6x, Extraction 4x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x; Wood:

Mechanically Clean 365x; Concrete:

Mechanically Clean 12x

1 Annual

67 FAC-11Canyon Hills LibraryCarpet:

Bonnet Spin 12x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 4x, Strip /

Refinish 2x

1 Annual

68 FAC-12Canyon Power PlantCarpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 4x, Strip /

Refinish 2x

1 Annual

69 FAC-13Carnegie MuseumCarpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 4x, Strip /

Refinish 2x

1 Annual

70 FAC-14Central LibraryCarpet: Bonnet

Spin 12x, Extraction 4x;

VCT/Terrazzo: Buff / Polish 6x, Strip /

Refinish 4x

IFB | Custodial Services Citywide Page 21

Measure Unit Cost Total

71 FAC-15City Hall - Bldgs A, B, CCarpet: Bonnet Spin 6x, Extraction

2x, Encapsulation 4x; VCT/Terrazzo:

Buff / Polish 4x, Strip / Refinish 4x

1 Annual

72 FAC-17Dixco BuildingCarpet: Bonnet

Spin 2x, Extraction 1x; VCT/Terrazzo:

Buff / Polish 2x, Strip / Refinish 1x

1 Annual

73 FAC-18Downtown Community

CenterCarpet: Bonnet Spin 12x, Extraction 4x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x;

Concrete: Mechanically Clean 12x

1 Annual

74 FAC-19Downtown Youth Center

Box/GymCarpet: Bonnet Spin 12x, Extraction 2x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x; Rubber:

Scrub & Wax 2x; Wood: Mechanically

Clean 52x

1 Annual

75 FAC-20 / FAC-22 / FAC-23East

Anaheim Community Center / Library

/ PD (combined campus)Carpet:

Bonnet Spin 6x, Extraction 6x;

VCT/Terrazzo: Buff / Polish 6x, Strip /

Refinish 6x; Concrete: Mechanically

Clean 12x

1 Annual

76 FAC-21East Anaheim GymCarpet:

Bonnet Spin 4x, Extraction 1x;

VCT/Terrazzo: Buff / Polish 3x, Strip /

Refinish 3x; Wood: Mechanically

Clean 52x

1 Annual

77 FAC-24EUC Field Operations

(formerly USC)Carpet: Bonnet Spin

2x, Extraction 1x; VCT/Terrazzo: Buff

/ Polish 4x, Strip / Refinish 2x

1 Annual

78 FAC-25EUC Warehouse (formerly

USC)Carpet: Bonnet Spin 2x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 2x, Strip / Refinish 1x;

Concrete: Mechanically Clean 2x

IFB | Custodial Services Citywide Page 22

Measure Unit Cost Total

79 FAC-26Euclid LibraryCarpet: Bonnet

Spin 4x, Extraction 2x; VCT/Terrazzo:

Buff / Polish 4x, Strip / Refinish 2x

1 Annual

80 FAC-27Family Justice CenterCarpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 4x, Strip /

Refinish 2x

1 Annual

81 FAC-28Fire Headquarters (1st Floor

Fire Station 1)Carpet: Bonnet Spin 4x, Extraction 2x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x

1 Annual

82 FS-01Fire Station 01Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Rubber: Scrub &

Wax 1x; Concrete: Mechanically Clean

1x

1 Annual

83 FS-02Fire Station 02Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 2x; Concrete:

Mechanically Clean 1x

1 Annual

84 FS-03Fire Station 03Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 2x; Rubber: Scrub &

Wax 1x; Concrete: Mechanically Clean

1x

1 Annual

85 FS-04Fire Station 04Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

86 FS-05Fire Station 05Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

87 FS-06Fire Station 06Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Rubber: Scrub &

Wax 1x; Concrete: Mechanically Clean

1x

IFB | Custodial Services Citywide Page 23

Measure Unit Cost Total

88 FS-07Fire Station 07Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

89 FS-08Fire Station 08Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

90 FS-09Fire Station 09Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 2x; Concrete:

Mechanically Clean 1x

1 Annual

91 FS-10Fire Station 10Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

92 FS-11Fire Station 11Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Rubber: Scrub &

Wax 1x; Concrete: Mechanically Clean

1x

1 Annual

93 FS-12Fire Station 12Carpet: Extraction

1x; VCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Rubber: Scrub &

Wax 1x; Concrete: Mechanically Clean

1x

1 Annual

94 FAC-29Haskett Library *Carpet:

Bonnet Spin 12x, Extraction 6x;

VCT/Terrazzo: Buff / Polish 6x, Strip /

Refinish 6x; Rubber: Scrub & Wax 12x

1 Annual

95 FAC-30Heliport in FullertonCarpet:

Bonnet Spin 2x, Extraction 1x;

VCT/Terrazzo: Buff / Polish 2x, Strip /

Refinish 1x

1 Annual

96 FAC-31Lenain Water Treatment

PlantCarpet: Bonnet Spin 2x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 2x, Strip / Refinish 1x

IFB | Custodial Services Citywide Page 24

Measure Unit Cost Total

97 FAC-32Linda Vista Reservoir

Operations BuildingVCT/Terrazzo:

Strip / Refinish 2x; Rubber: Scrub &

Wax 1x

1 Annual

98 FAC-33Miraloma Family Resource

Center *Carpet: Bonnet Spin 4x, Extraction 2x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x

1 Annual

99 FAC-34MuzeoCarpet: Bonnet Spin 4x, Extraction 2x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x

1 Annual

100 FAC-35Oak Canyon Nature

CenterVCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x; Concrete:

Mechanically Clean 1x

1 Annual

101 FAC-36Olive Hills Pump

StationVCT/Terrazzo: Strip / Refinish

1x; Rubber: Scrub & Wax 1x

1 Annual

102 FAC-37Parks Central YardCarpet:

Bonnet Spin 3x, Extraction 3x;

VCT/Terrazzo: Buff / Polish 3x, Strip /

Refinish 3x; Concrete: Mechanically

Clean 3x

1 Annual

103 FAC-38Pinney Recreation Center &

Parks BuildingVCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x

1 Annual

104 FAC-39Ponderosa Family Resource

Center *Carpet: Bonnet Spin 2x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 4x, Strip / Refinish 2x; Wood:

Mechanically Clean 52x; Concrete:

Mechanically Clean 12x

1 Annual

105 FAC-40PW Fleet & Facility Yard

(F&F; Offices)Carpet: Bonnet Spin 4x, Extraction 2x; VCT/Terrazzo: Buff /

Polish 8x, Strip / Refinish 4x;

Concrete: Mechanically Clean 6x

IFB | Custodial Services Citywide Page 25

Measure Unit Cost Total

106 FAC-41PW Fleet & Facility Yard

(Gym & crew quarters)Carpet: Bonnet

Spin 4x, Extraction 2x; VCT/Terrazzo:

Buff / Polish 6x, Strip / Refinish 6x

1 Annual

107 FAC-42PW Operations (Streets &

Sanitation including Gym)Carpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Buff / Polish 4x, Strip /

Refinish 2x; Rubber: Scrub & Wax 2x;

Concrete: Mechanically Clean 6x

1 Annual

108 FAC-43Sustainability Education

Center (SEC) *VCT/Terrazzo: Strip /

Refinish 2x; Rubber: Scrub & Wax 1x

1 Annual

109 FAC-44Sunkist LibraryCarpet: Bonnet

Spin 4x, Extraction 2x; VCT/Terrazzo:

Buff / Polish 4x, Strip / Refinish 2x

1 Annual

110 FAC-45Transfer Facilities-

PWVCT/Terrazzo: Strip / Refinish 1x 1 Annual

111 FAC-46TroubleshootersCarpet:

Bonnet Spin 2x, Extraction 1x;

VCT/Terrazzo: Strip / Refinish 2x;

Rubber: Scrub & Wax 1x

1 Annual

112 FAC-47Twila Reid Recreation

CenterVCT/Terrazzo: Buff / Polish 1x, Strip / Refinish 1x

1 Annual

113 FAC-48Vermont Yard (Boysen/Urban

Forestry)Carpet: Bonnet Spin 3x, Extraction 1x; VCT/Terrazzo: Buff /

Polish 3x, Strip / Refinish 1x

1 Annual

114 FAC-49Well 49VCT/Terrazzo: Strip /

Refinish 1x; Rubber: Scrub & Wax 1x 1 Annual

115 FAC-50Well 53VCT/Terrazzo: Strip /

Refinish 1x; Rubber: Scrub & Wax 1x 1 Annual

116 FAC-51Well 60VCT/Terrazzo: Strip /

Refinish 1x; Rubber: Scrub & Wax 1x

IFB | Custodial Services Citywide Page 26

Measure Unit Cost Total

117 FAC-52 / FAC-53West Anaheim PD /

Youth Center (combined site) *Carpet:

Bonnet Spin 4x, Extraction 2x;

VCT/Terrazzo: Strip / Refinish 12x;

Wood: Mechanically Clean 52x;

Concrete: Mechanically Clean 12x

1 Annual

[*] Denotes item is taxable

1.4. SCOPE OF WORK

1.4.1. Scope of Work

Please see Exhibit A "Scope of Work"

2. City Master Agreement Terms and Conditions

2.1. ARTICLES

2.1.1. Parties and Purpose

This Contract is entered into as of the date fully executed by and between the City and Contractor, based on the terms and conditions of the City RCA-017-23010021 and this Contract. The Contract allows individual City departments to utilize the Contractor’s services by executing subordinate agreements against this Contract.

A. Subordinate City Master Agreements (MAs)

City departments are authorized to enter into individual subordinate MAs under this Contract.

Attachment B to this Contract provides a MA template to be utilized. Each subordinate MA shall at a minimum:

o Specify a not-to-exceed dollar amount; and o Include invoice terms and instructions; and o Reference this Contract as the governing agreement for the terms of service.

2.1.2. Incorporation of the City of Anaheim RCA

The entire City Regional Cooperative Agreement NO VALUE, including its attachments, is incorporated into this Contract by reference. Contractor agrees to provide Custodial Services - Citywide to the City under the terms and conditions of the RCA, except where otherwise modified by the City’s terms outlined in this

Contract.

2.1.3. Indemnification of the City of Anaheim

IFB | Custodial Services Citywide Page 27

As required by the City Regional Cooperative Agreement NO VALUE, the Contractor agrees to indemnify, defend, and hold harmless the County of City, its elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) of every kind and nature, arising directly or indirectly, out of or in any way related to the Contractor’s performance under this Contract or the City RCA, except for such loss or damage arising from the sole negligence or willful misconduct of the

City.

2.1.4. Governing Terms and Conditions

The terms and conditions of the RCA as provided in Attachment A, and the following City General Terms and Conditions and Additional Terms and Conditions shall govern the relationship between the City and the Contractor. In the event of a conflict between the RCA and this Contract, the City’s terms shall take precedence.

2.2. City General Terms and Conditions

2.2.1. Governing Law and Venue

This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange

County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another County.

2.2.2. Entire Contract

This Contract contains the entire Contract between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein.