HomeMy WebLinkAboutR-2018-014 Janitorial Services Town & Country Building Services RESOLUTION NO. R-2018-014
A RESOLUTION EXTENDING THE CITY OF RIVERSIDE JANITORIAL SERVICES TO TOWN
&COUNTRY BUILDING SERVICES AND APPROVING EXECUTION OF A CONTRACT FOR
2018-2019 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, reflected a contract price adjustment of-$2,940.00 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, 2018 thru June 30, 2019 as set forth herein, authorizing and
approving the second 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 2018, a one (1) year term, with the option to renew for up to two (2) 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.
PASSED AND ADOPTED by the Board of dermen of the City of Riverside, Missouri, the
(�day of February 2018.
ittl' �rf `
A&yw Kathleen L. Ros
� K
,Cl
Spin-Kincaid, City Clerk
4
1 � .
RESOLUTION NO. R-2018-014
EXHIBIT A
AGREEMENT
THIS AGREEMENT, made and entered into this dayof 20�, (the "Effective
Date") by Town and Country Building Services (hereinafter "Contrand the City of Riverside,
Missouri (hereinafter"City").
City and Contractor agree as follows:
SECTION 1. Term of Agreement. This Agreement shall begin as of July 1, 2018 and shall end on
June 30, 2019, with the option to be renewed for up to two (2) additional one (1) year periods upon
mutually agreeable terms for 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 swom 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-2018-014
(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 at 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/Foreign 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-2018-014
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:
TITLE: oN k 6.4 ,44,
DATE: �S' g
RESOLUTION NO. R-2018-014
CITY OF RIVERSIDE, MISSOURI:
KATHL EN L. ROSE, MAY R
DATE:
ATTEST; • ��Y
s '
AGBI V KINCAID,CITY CLERK
„
z ,
RESOLUTION NO. R-2018-014
WORK AUTHORIZATION AFFIDAVIT
PURSUANT TO 285.530,RSMo
STATE OF MISSOURI )
)ss.
COUNTY OF )
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within the State
of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or an equivalent
federal work authorization program operated by the United States Department of Homeland Security to
verify information of newly hired employees, under the Immigration Reform and Control Act of 1986
(IBCA),P.L.99-603.
KNOWINGLY: A person acts knowingly or with knowledge, (a)with respect to the person's conduct or
to attendant circumstances when the person is aware of the nature of the person's conduct or that those
circumstances exist;or(b)with respect to a result of the person's conduct when the person is aware that
the person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal
law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME,the undersigned authority,personally appeared who,being duly
sworn, states on his oath or affirmation as follows:
1. My name is and I am currently the of
(hereinafter"Contractor"),whose
business address is and I am authorized to
make this Affidavit.
2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts
stated herein.
3.Contractor is enrolled in and participates in a federal work authorization program with respect to the
employees working in connection with the Janitorial Services.
4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the
contracted services set forth above.
Affiant
Printed Name
Subscribed and sworn to before me this day of 2017.
Notary Public
RESOLUTION NO. R-2017-018
A RESOLUTION EXTENDING THE CITY OF RIVERSIDE JANITORIAL SERVICES TO TOWN
&COUNTRY BUILDING SERVICES AND APPROVING EXECUTION OF A CONTRACT FOR
2017-20181N CONNECTION WITH THE PROVISION OF SUCH SERVICES IN AN AMOUNT
NOT TO EXCEED$24,880
WHEREAS, pursuant to Resolution R-2016-009 (attached hereto as Exhibit A), the City
I 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-2018-009, 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 fust 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 terns and conditions of such bid
award and the City Clark 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.
M r Kathleen L. Road
— — cJ
ohin Kincaid, City rpl*k
{�l S;.n
RESOLUTION NO. R-2017-019
EXHIBIT A
AGREEMENT
THIS AGREEMENT, mads and entered into this day of 201Z, (the'Effective
Date') by Town and Country Buckling Services (hereinafter 'Co r') and the City of Riverside,
Missouri(hereinafter'CW).
City and Contractor agree as follows:
SECTION 1. Team of Agreemsrt. This Agreement shall begin as of July 1, 2017 and shall and on
June 30, 2018, with the option to be renewed for up to throe (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 ore if ad forth in full. The ConbvAw
will hire, train, supervise, direct the work of, and discharge all personnel engaged by there to perform the
Project Services. The Contractor is solely responsible for payment of wages, salaries, fringe benefltt and
other compensation of, or claimed by, the Contractor's personnel in the performance of the Project
Services, Including, without limitation, contributions to any employes benefit plena and all payroll tames.
i 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
$24,380.00, which shall be payable upon Invoice in twelve monthly and equal installments provided that
this Agreement has not boon terminated as provided herein.
SECTION 4. Federal Work Authorization. Pursuant to RSMo 288.530(1), by its sworn affidavit In
1 substantially the forth 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 evwence 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 Coveraas.
1. Commercial Gene'aI 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 co ntractusl liability subject to the standard universal
exclusions of contractual Nobility included in the carrier's standard endorsement as to
bodily Injuries, personal Injuries and property damage.
(III) Broad form property damage Ilabiitty shall be afforded.
RESOLUTION NO. R-2017-019
(Iv) The City shall be listed as an additional Insured.
(v) The City shall be notified in writing at least 30 days prior to conceffation 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 subcontractpre 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 B. General Conditions
A General Independent Contractor Clause. This agreement does not create an employee%mployer
relationship between the parties. It Is the parties' intention that the Contractor will be an
independent contractor and not the City's employes 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'Compensator and Unemployment Insurance laws.
S. 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 subcontractor 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 Hol! Harmless The Contractor shall defend, indemnify and save harmless is City,
Its elected or appointed officials, agents and employees (individual and/or offldal capacity) from
i and against any and all claims, liability, suits; damages, costs (including attorney fees), lases,
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 at 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 some(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/Foreign 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. Nolices Any notice, approval or other communicatlon between the City and the CcnbacW
pursuant to this Agreement shall be made in writing and shall be downed 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 oertified, 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:
i
The City: City of Riverside
Attn: Robin Kincaid, City Clerk
2960 NW Vmion Road
Riverside, Missouri 84160
Contractor: Town&Country Building Services
Attn: Asher Phillips,Account Executive
1828 Swig OM
North Kansas City, Missouri 84118
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 Agreemepl 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 AN 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 BIJU DING SERVICES
j
BY: DLyR
NAME: &cr
TITLE: /fLceuaf &eQL A✓L
DATE: �'� �/7
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RESOLUTION NO. R-2017-078
aTY OF DE,MISSOURI:
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KATHL L. ROSE,MAYOR'
DATE: 0 Qt�l LT 44i ap I
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