DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Edward Hill, Chief Operating Officer/ Interim Director of Internal Services/ Chief Information Officer
SUBJECT: Agreement for Janitorial Services with the Superior Court of California
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute an Agreement with the Superior Court of California, County of Fresno to procure janitorial services for the Juvenile Court Facility, effective April 23, 2024, not to exceed approximately four consecutive years, which includes a 15-month base contract and three optional one-year extensions, total not to exceed $74,100.
REPORT
There is no additional Net County Cost associated with the recommended action, which will allow the Internal Services Department - Facility Services division (ISD-Facilities) to procure janitorial services from the Superior Court of California, County of Fresno (Court) for the County’s pro-rata portion of the first-floor common area at the Juvenile Court Facility. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the common area of the first floor of the Juvenile Court Facility would be without janitorial services until the Court and ISD-Facilities agree to an alternative option.
RETROACTIVE AGREEMENT:
The recommended agreement is retroactive to April 23, 2024, due to extended negotiations with the Court.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The total compensation payable to the Court for the entire potential four-year term shall not exceed $74,100. All costs associated with the services are recovered through charges to departments occupying the first floor of the Juvenile Court Facility. Sufficient appropriations and estimated revenues are included in the ISD Facility Services Org 8935 FY 2023-24 Adopted Budget and will be included in future budget requests.
DISCUSSION:
The Juvenile Court Facility is occupied by both County departments and non-County entities. Pursuant to a lease-purchase agreement between the Judicial Council of California, Administrative Office of the Courts and the County, dated March 13, 2007, it is the responsibility of the Courts to provide maintenance services, including janitorial services, for the common areas at the Juvenile Court Facility. Since then, the Court has procured and provided routine and miscellaneous janitorial services to the Juvenile Court Facility, with both the Court and the County sharing the janitorial costs based on occupied space. The common area of the first floor, which consists of hallways, entryways, lobby and dining areas, restrooms, stairwells, electrical rooms, and storage closets, is approximately 9,290 square feet (15%), while the remaining floor is approximately 51,206 square feet (85%). This area is currently occupied by County departments, including the District Attorney, Public Defender, and Probation, as well as non-County entities such as Richard A. Ciummo & Associates. The second floor, approximately 56,977 square feet, is solely occupied by the Court.
Approval of the recommended action will allow the County to continue to pay for its share of the janitorial services to the Court for routine and miscellaneous janitorial services to the common areas of the first floor of the Juvenile Court Facility. The Court shall bill the County for the County’s pro rata portion of the common area janitorial costs, and the County will bill its individual occupying departments for their proportionate shares of that cost.
The recommended agreement with the Court deviates from the County’s standard language as it includes mutual indemnification and removes the Commercial General Liability and Employer’s Liability insurance clauses. The Human Resources Department - Risk Management division has reviewed the provisions and recommends the agreement not include mutual indemnification. However, mutual indemnification is common among agreements with other government entities. The Department believes the risks associated with these changes are an acceptable business risk.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with the Superior Court of California
On file with Clerk - Electronic Signature Verification
CAO ANALYST:
Ahla Yang