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Home My WebLink AboutR-2017-019 Extending Janitorial Services RESOLUTION NO. R-2017-019 A RESOLUTION EXTENDING THE CITY OF RIVERSIDE JANITORIAL SERVICES TO TOWN &COUNTRY BUILDING SERVICES AND APPROVING EXECUTION OF A CONTRACT FOR 2017-2018 IN CONNECTION WITH THE PROVISION OF SUCH SERVICES IN AN AMOUNT NOT TO EXCEED $24,360 WHEREAS, pursuant to Resolution R-2016-009 (attached hereto as Exhibit A), the City approved a contract with Town and Country Building Services for janitorial services for the Community Center and Public Safety facilities , including daily, weekly, monthly, and annual cleaning services detailed; and WHEREAS, pursuant to Resolution R-2016-009 the city approved the contract with Town and Country Building Services for a one (1) year term, in an amount not to exceed $27,300 annually; and WHEREAS, pursuant to Resolution R-2016-009 such contract agreement provides for the ability to extend such contract for four (4) additional one year terms as set forth in Exhibit A attached hereto; and WHEREAS, pursuant to Resolution R-2016-009, Exhibit A, Section 3. Payment. The July 1, 2017 thru June 30, 2018 renewal, shall reflect a contract price adjustment of-$2,940.00 (- $245.00 per month) for decreased services in the Fire Department as mutually agreed upon by the Public Works Director and Contractor; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to extend such contract agreement for July 1, 2017 thru June 30, 2018 as set forth herein, authorizing and approving the first extension of the agreement with Town & Country Building Services, North Kansas City, Missouri, to perform such services for the Riverside Community Center and Public Safety Departments, in an amount not to exceed $24,360; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the contract agreement between Town & Country Building Services, North Kansas City, Missouri, for janitorial services of the Community Center and Public Safety Department be extended for 2017, a one (1) year term, with the option to renew for up to three (3) additional one year terms, in the revised annual amount of $24,360.00 and such additional years as set forth in Exhibit A attached hereto, is hereby accepted and approved; and FURTHER THAT the City Administrator, Mayor and other appropriate City officials are hereby authorized to execute an agreement in substantially the same form as attached hereto in Exhibit A, along with all other documents necessary to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. JI� PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the day of April, 2017. "�� Mhor Kathleen L. Ros obin Kincaid, City t lew o M RESOLUTION NO. R-2017-019 EXHIBIT A AGREEMENT THIS AGREEMENT, made and entered into this.!�±— day of 20J, (the "Effective Date") by Town and Country Building Services (hereinafter "Cont ctor") and the City of Riverside, Missouri(hereinafter"City"). City and Contractor agree as follows: SECTION 1. Terre of Agreement. This Agreement shall begin as of July 1, 2017 and shall end on June 30, 2018, with the option to be renewed for up to three (3) additional one (1) year periods upon mutually agreeable terms for 2019, 2020, and 2021. SECTION 2. Scope of Services. The Contractor shall provide the Project Services described in and subject to the conditions contained in the Request for Proposals for The City of Riverside Janitorial Services, hereby incorporated by this reference into this Agreement as if set forth in full. The Contractor will hire, train, supervise, direct the work of, and discharge all personnel engaged by them to perform the Project Services. The Contractor is solely responsible for payment of wages, salaries, fringe benefits and other compensation of, or claimed by, the Contractor's personnel in the performance of the Project Services, including, without limitation, contributions to any employee benefit plans and all payroll taxes. Contractor shall be responsible to pay all costs for permits, licenses, fees and insurance which may be required to perform the work required. SECTION 3. Payment. The parties agree that the total annualized cost for Project Services is $24,360.00, which shall be payable upon invoice in twelve monthly and equal installments provided that this Agreement has not been terminated as provided herein. SECTION 4. Federal Work Authorization. Pursuant to RSMo 285.530(1), by its sworn affidavit in substantially the form included in the bid documents and incorporated herein, Contractor hereby affirms its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Furthermore, Contractor affirms that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. SECTIONS. Insurance Requirements. A. General Provisions. Contractor shall file (by the Effective Date) with the City evidence of liability insurance that is consistent with the amounts and endorsements set forth below, and shall maintain such insurance until this contract is terminated. B. Limits and Coverage. 1. Commercial General Liability Insurance: Commercial General Liability Coverage in an aggregate amount of not less than $2,000,000 for all claims arising out of a single accident or occurrence and$500,000 for any one person in a single accident of occurrence. a. The following endorsements shall attach to the policy: (i) The policy shall cover personal injury as well as bodily injury. (ii) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard endorsement as to bodily injuries, personal injuries and property damage. (iii) Broad form property damage liability shall be afforded. RESOLUTION NO. R-2017-018 (iv) The City shall be listed as an additional insured. (v) The City shall be notified in writing at least 30 days prior to cancellation of the policy. 2. Workers' Compensation Insurance: The Contractor shall obtain and maintain Workers' Compensation Insurance for a limit of$1,000,000 for all of their respective employees, and in case any work is sublet, the Contractor shall require any subcontractors to provide Workers' Compensation insurance for all subcontractors' employees, in compliance with Missouri law. The Contractor hereby indemnifies the City for any damage resulting to it from failure of either the Contractor or any contractor or subcontractor to obtain and maintain such insurance. SECTION 6. General Conditions A. General Independent Contractor Clause. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers'Compensation and Unemployment Insurance laws. B. Termination. The City shall have the right at any time by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed contract price. C. Sub-Contracts. The Contractor shall not execute an agreement with any sub-contractor to perform any work under this Agreement until Contractor has the written consent of the City, which may be granted in its sole discretion. D. Indemnity and Hold Harmless The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and employees (individual and/or official capacity) from and against any and all claims, liability, suits, damages, costs (including attorney fees), losses, outlays and expenses in any manner caused in whole or in part by Contractor and arising out of services performed by Contractor under this Agreement. E. Conflict of Interest. In accepting this contract, Contractor certifies that no member or officer of its firm or corporation is an officer or employee of the City, or any of its boards or agencies, and further that no officer or employee of the City has any financial interest, direct or indirect, in this contract. All provisions of RSMo. Section 105.450 et seq. shall not be violated. F. Assignment. The Contractor shall not assign in whole or in part any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City. G. Nondiscrimination. The Contractor agrees in the performance of this agreement not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment. H. Nonresident/Foreian Contractors. The Contractor shall procure and maintain during the life of this contract: i) If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State, unless exempt pursuant to the provisions of Section 351.570 R.S.Mo.; ii) A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo. RESOLUTION NO. R-2017-019 I. Notices. Any notice, approval or other communication between the City and the Contractor pursuant to this Agreement shall be made in writing and shall be deemed to be effective upon receipt or refusal of service and may be given by personal delivery, courier, reliable overnight delivery or deposit in the United States mail, postage prepaid, registered or certified, return receipt requested, to the address specified below or to such other address as may later be designated by written notice of the other party: The City: City of Riverside Attn: Robin Kincaid, City Clerk 2950 NW Vivion Road Riverside, Missouri 64150 Contractor: Town &Country Building Services Attn: Asher Phillips,Account Executive 1828 Swift#300 North Kansas City, Missouri 64118 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. J. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties. K. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit Court of Platte County, Missouri. L. Compliance with All Laws. Contractor shall comply with all applicable federal, state, local, and other governmental laws, ordinances, statutes, rules, regulations. Contractor shall secure all permits from public and private sources necessary for performance of the Project Services. IN WITNESS WHEREOF, the Contractor and the City have executed this Agreement as of the Effective Date. CONTRACTOR: TOWN& COUNTRY BUILDING SERVICES BY: NAME: �Shtr �t%[/lis TITLE: �ccoult �KCLUL DATE: RESOLUTION NO. R-2017-018 CITYOFR E�RS�IADE�,�MI�SSOURI: it Q��1�(�/w KATHLE L. ROSE, MAYOR DATE: pr', t 4 ap ATT�SF " , e dOBI,M K(WCAID,CIIYCLERK . e DATE(MMIMYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER TFICATE HOLDER. THIS C FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REF RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP RTANT: If the certificate holder Is an ADDITIONAL INSURED, the pokey(") must be endorsed. If SUBROGATION IS WAIVED, subject to the arms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not Confer rights to the cert ficate holder in lieu of such endorsement(s). PROD ER K C METRO INSURANCE 13 SW 3rd St F"'PHDNE (816)347-9099 _(,A, NCJ816)347-7434 T[CMErroinseaO .COM Le s Svtamit, NO 64063 - INSURERISI AFFORDING COVERAGE NAICa ESSEX INSURANCE CO INSUR D TOWN S COUNTRY MKTG/BERN INC.--SCS/MO INSURERB: THE HARTFORD INSURANCE CO KS , MO Carts OLD REPUBLIC SURETY CO. 1828 SWIFT, SUITE 300 INSURER D:GRANITE STATE INSURANCE COMPANY NORTH KANSAS CITY, NO 64116 INSURER S, NAxxotmt oNtON Fln MSURANCE COMHANT INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIC kTED NOTYATHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT"TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL SIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS, LTR TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL UABILnY EACH OCCURRENCE 8 11000 OOO CLAIMS-MADE ®OCCUR PREMISES(ED*rXXrrvxv) $ 50!000 BLKT ADDL INS 3ED5932 07/30/16 7/30/17 MEDEXP An arw erem s EXCLUDED A BY CONTRACT PERSONAL B ADV INJURY 5 11000,000 G N'L AGGREGATE LIMITAPPUES PER: GENERAL AGGREGATE S 2,000,000 PRO- POLwv JECT I�LOC PRODUCTS-COMPIOPAGG S 1,000,000 OTHER E A OMOSILEUASIUTY ae�ae• I L 8 $ r UUU ANYAUTO BODILYINJURY(Per Pmw) S ALL CLAMED SCHEDULED B AUTO$ AUTOS BOOBY IWURY(Per acudare) S HIRED AUTOS X AUTO ED 37UECP06776SA 07/30/16 U7/30/17 R 5 S UMBRELLA JAS X OCCUR EACH OCCURRENCE 2,000,000 E EXCESS UAB EBII023073257 07/30/16 7/30/17 tAIM"g0E AGGREGATE DED RETENTION s $ I SERO PRODUCTS AG 2,000,000 RKERS COMPENSATION AN EMPLOYERS'LIABILITY MOJEEETUM D AN ICER/1SMBERRE%RUOED XECUTIYE N MIA WC001646121 07/30/115U7/30/17 E.L.EACH ACCIDENT 8 11000,000 If Atory 61 NN) EL.DISEASE-FAEMPLOYEE $If ,darcri In Niq I . F OPERATIONS DAxt EIQSEASF-POUtYUMIT 11000,000 C B SINESS SERVICE RBS 0319615 07/30/16 7/30/17 PER EMP $50,000 DESCRip ncN OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Add4aMl Remarb BtlmdJe,may toaewwaa moreapero MroquireC) CATE CANCELLATION CITY OF RIVERSIDE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4200 NW RIVERSIDE THE EXPIRATION DATE THEREOF. NOTICE WILL SE DELIVERED IN RIVERSIDE, NO 64150 ACCORDANCE WITH THE POLICY PROVISIONS. FAX: 816-746-8349 AUTHORIZED REPRESENTATIVE • ®1988-2014 ACORD CORPORATION.All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD