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HomeMy WebLinkAbout1694 Approving Service Agreement with Damon Pursell Construction Co. to Provide Solid Waste and Yard Recycling Collection Support Bill No. - 2019-057 ORDINANCE NO. I I,, q q AN ORDINANCE APPROVING A SERVICE AGREEMENT WITH DAMON PURSELL CONSTRUCTION CO. TO PROVIDE SOLID WASTE AND YARD RECYCLING COLLECTION SUPPORT WHEREAS,pursuant to Ordinance No. 2009-165,the City of Riverside established the Brush and Yard Waste Recycling Program at the recycling facility located at 6305 NW Riverpark Drive, Riverside,Missouri ("Facility")which is owned by Damon Pursell Construction Co.; and WHEREAS, pursuant to Ordinance No. 1480, the City provided for a solid waste dumpster to be located at the Facility so that City residents may dispose of bulky solid waste items (solid waste and brush/yard waste disposal referred to herein as the"Services") and to enter into an agreement with Pursell to provide the Services; and WHEREAS, the services agreement has expired, and the parties wish to continue the services agreement; and WHEREAS, the Board of Aldermen finds and determines that the continuation of Pursell providing the Services contributes to the health, safety, and welfare of the City, and that the expenditure of funds to assist in providing the Services is for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS: SECTION I — AGREEMENT APPROVED. That the Riverside Board of Aldermen hereby approves the Service Agreement with Damon Pursell Construction Co., attached hereto in its substantial form, relating to the solid waste and yard recycling collection support, and the Board further authorizes the Mayor to sign on behalf of the City. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator, Public Works Director, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Bo rd of Aldermen and APPROVED by the Mayor of the City of Riverside this 19 " day of , 2019. a -een L. Rose, Mayor A;TT-E r4 i 'Y =Rabin Kincaid,City Clerk 1 ` J Q Bill No. — 2019-057 ORDINANCE NO. SERVICE AGREEMENT THIS SERVICE AGREEMENT is entered into by and between the City of Riverside, Missouri ("City") and Damon Pursell Construction Co., 6305 NW River Park Dr., Riverside, Missouri 64150 ("Service Provider"). In consideration of the mutual covenants and agreements set forth herein, the parties agree to the following: 1. The Service Provider shall provide solid waste and brush/yard waste recycling drop off collection support services to the City. 2. The City shall provide and pay for dumpster services provided through the current City solid waste contract as needed. The City shall pay a management fee to the Service Provider of $20,600.00 annually, payable in one payment. Contractor shall submit an invoice for payment after the Effective Date and at the time of the Effective Date's subsequent annual anniversary date provided this Service Agreement is still in effect. 3. The Service Provider shall manage solid waste and brush/yard waste recycling drop off activities at the Facility. 4. The term of this Service Agreement shall begin on the Effective Date and continue for one year. This Agreement shall then automatically renew for an additional one-year period beginning on the Effective Date's subsequent annual anniversary date(s), unless either party gives written notice of termination to the other party at least 60 days prior to the end of the initial or renewal term as the case may be, in which case the Service Agreement shall terminate on the last day of the then-renewal term. The terms and conditions during any renewal term(s) shall be the same as the terms and conditions during the original term, unless the parties agree otherwise in writing. 5. The Service Provider shall provide sufficient on-site staff to perform the following: a. Require persons seeking to drop off bulky solid waste or to recycle yard waste, to show proof of City residence; b. Ensure that the Facility is open Monday through Friday, from 7:30 a.m. to 4:00 p.m., excluding winter weather permitted and holidays; c. Use reasonable efforts in monitoring usage to prevent the disposal of household hazardous waste (as listed in Exhibit A) and providing information to such persons regarding the Mid-America Regional Council's Household Hazardous Waste disposal program. d. Collect the following usage data: the number of persons using brush/yard waste disposal by day of week; the number of persons using bulky solid waste disposal by day of week; load category and confirmation of person's proof of City of Riverside residency. 6. The Service Provider agrees to comply with, and provide any necessary affidavits (i.e., Exhibit B) under, Section 285.530, RSMo to confirm that it will not knowingly employ any person who is an unauthorized alien. 2 Bill No. - 2019-057 ORDINANCE NO. 7. During the term of this Agreement, the Service Provider shall maintain commercial liability insurance, to protect against any liability arising out of the performance of the Service Provider's obligations under this Agreement. Such insurance shall be in amounts at least equal to the limits of liability of $1,000,000 each occurrence, $2,000,000 aggregate, and the City shall be named as an additional named insured on all such policies. The Service Provider shall also maintain such Worker's Compensation insurance as is required by Missouri law. 8. The parties agree that Service Provider is an independent contractor, with full authority and control within the constraints of this Agreement to manage and operate the Facility. The Service Provider shall defend, indemnify and hold harmless the City from any and all liability, and all liability and claims, including reasonable attorneys' fees, arising out of or in any way connected with the negligent or willful misconduct performance by the Service Provider, its employees or agents of Service Provider's obligations under this Agreement. 9. This Agreement is the sole agreement between the parties concerning the Services. 10. This Agreement may only be amended by an agreement in writing signed by each party. 11. This Agreement is not assignable. 12. This Agreement is for the sole benefit of the parties, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 13. Nothing in this Agreement shall constitute or be construed as a waiver of the City's sovereign immunity. 3 Bill No. — 2019-057 ORDINANCE NO. `7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last executed by the parties below(the"Effective Date"). City of Riverside, Missouri: Mayor Kathleen L. Ros Dated: c � J A�T'EST: F ' City�ler1Ro' .iii'Kincaid Damon Pursell Construction Co.: By: I ill. VICC- ESipsW CAW1 eEaeq Dated: ►I-ZS-(�i 4 Bill No. — 2019-057 ORDINANCE NO. Mq Exhibit A Household Hazardous Waste List Common HHW products that can be taken to a MARC HHW collection facility: • Acids • Lead • Adhesives and glues • Lighter fluid • Aerosol cans (hairspray, oven cleaner, • Lubricating oils etc.) • Mercury • Ammonia • Mothballs • Antifreeze • Motor oil • Art and hobby paints • Organic solvents • Asphalt and roofing tar • Oven cleaner • Batteries, household, dry cell or lead • Paint: solvent- or water-based acid • Paint strippers: alkaline-, solvent- or • Bleach water-based • Brake fluid • Pesticides • Capacitors • Pet spray and dip • Caulk • Photographic chemicals • Car wax and cleaners • Rat and mouse poison • Charcoal lighter fluid • Septic tank cleaners • CFCs and HCFCs • Shoe polish • Disinfectants • Spot removers • Drain opener • Swimming pool and spa chemicals • Fabric dyes • Toilet bowl cleaner • Fertilizer • Transmission fluid • Fingernail polish and remover • Tub and tile cleaner • Flea collars • Unknown substances • Fluorescent lights • Varnish • Furniture polish and wax • Windshield wiper fluid • Gas cylinders (up to 5 lbs.) • Wood preservatives • Gasoline • Wood stain • Insecticide and insect repellant • Kerosene and fuel oils 5 Bill No. - 2019-057 ORDINANCE NO. Q Exhibit B 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 (IRCA), 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 Damon Pursell Construction Co. (hereinafter"Contractor"), whose business address is and I am authorized to make this Affidavit. 2. 1 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 Service Agreement. 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 ,2019. Notary Public 6 ERSIDE CITY OF RIVERSIDE EXPIRATION DATE BUSINESS LICENSE 12/31/2019 DATE ISSUED I LICENSE NUM BER 1/01/2019 0267 r9�F�'RIDE INOUNW9 4� L6301 NW RIVERPARK DRIVE LICENSE FOR LOCATION OF BUSINESS CONTRACTOR This license is to be displayed conspicuously at the location of business,and is not transferable or assignable. FEE CLASS $48.00 CONTRACTOR INS THIS LICENSE IS ISSUED PURSUANT TO THE MICHAEL PURSELL PROVISIONS OF THECITY CODE OF THE CITY DAMON PURSELL CONSTRUCTION OF RIVPkSIDE AND AMENDM �STgM—O. 300 N CHURCH RD j LIBERTY MO 64068 Mayor c e CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 66_ 3/1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - CONTACT .NAME: Hays Companies Inc. PHONE HON a,F.xc} (816)474-3535 11(FAX No), (816) 842-5795 WCo1200 Main Street, Suite #2310 �@ nn �Iessilrobb@hayscompanies.com . ° INPRLRJS).AFFORDING COVERAGE NAIC# Kansas City MO 64105 0 INSURERA:Old R<'-'publ C Insu"n.cr? Co)npgny 24147 _._.. INSURED INSURERB:Starr Indemnity & Liability Company 38318 Damon Pursell Construction CO !' t ' INSURER C: 300'N Church Rd NsURER D: INSURER E: Liberty MO 64068 1 INSURER F: COVERAGES CERTIFICATE NUMBER:GL/AL/WC/UL 5 19/20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 114S .......AOnL 5376Yi.. POLICY 1?£"FPOLICY LXP - LTR TYPE OF INSURANCE INS 0;a PbI.ICY NUMBERtAo'ItUOtYYYY MSIPUDZYYYY)` LIMITS X ' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A j CLAIMS-MADE X.i OCCUR - fF7vti=t+<C_j•Cf RENTED 500,000 (c{1# (Ea occurrence) $ idWZY 312172 ! 3/1/2019 3/1/2020 MED EXP(Any one person) a 10,000 3 'PERSONAL 8 ADV INJURY ry 1,000,000 .. - .. ,. GENT.A GGREGATr LIMIT APPLIES PER: _ - 'GENERAL AGGREGATE $ 2,000,000 PRO- .:iC (f(3Ld'cY )ECT LOCPRODUCTS_COMP/OP AGG $ _2,000,000 F `AUTOMOBILE LIABILITY j _COMBINED SINGLE LIMIT- S 1,000,000 I X ,ANY AUTO BODILY INJURY(Per person) S A :'.ALL OWNED SCHEDULED _..__ ... .. AUTOS 'AUTOS ..£MWTB 312171 / / 0193/1/2020 BODILY INJURY(Per 3 1 2 accident):S d NON-OWNED P}`L{f't iTl'DAMAGE x ;HIRED AUTOS X 3 AUTOS i (FROM i- X j UMBRELLA LIAB X OCCUR f ? - EACH OCCURRENCE $CLAIMSMADE 5,000,,.000 B { EXCESS LIAB ` ' ; � AGGREGATE 5,000,000 --£}r,O RETENTIONS 1000023498 3/1/2019 3/1/2020 $ , WORKERS COMPENSATION - MIT- AND EMPLOYERS'LIABILITY YIN! - X .STATU7;�, ER ANY PROPRIETORIPARTNER/EXECUTIVE I ' IA.. ) E,L,EACH ACCIDENT 3 1,000,000 OFFICER/MEMBER EXCLUDED? N E ' - A `(Mandatory in NH) i )IWC 312173 3/1/2019 3/1/2020 E,L,DISEASE-EA EMF tjC3tF :$ 1,000,000 11 yes,describe under - .DESCRIPTION OF OPERATIONS below - el DISEASE-POLICY LIMIT 1.,goo,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 30 day notice of cancellation applies. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Riverside, MO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I 2950 NW Vivian Road ACCORDANCE WITH THE POLICY PROVISIONS. Riverside, MO 64150 AUTHORIZED REPRESENTATIVE 1 (i James Hays/LROBB C ?.. ........,� .•-_ --- ...._..... i ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401)