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HomeMy WebLinkAboutR-2025-074 Extending Janitorial Services to Kaizon Solutions RESOLUTION NO. R-2025-074 A RESOLUTION EXTENDING THE CITY OF RIVERSIDE JANITORIAL SERVICES TO KAIZON SOLUTIONS (FORMERLY - TOWN & COUNTRY BUILDING SERVICES) AND APPROVING EXECUTION OF A CONTRACT FOR 2025-2026 IN CONNECTION WITH THE PROVISION OF SUCH SERVICES WHEREAS, the City of Riverside, Missouri pursuant to R-2021-058 approved a contract for janitorial services with Town & Country Building Services (a/k/a Kaizon Solutions) for City Hall, the Community Center, Public Safety facilities, and Public Works, including daily, weekly, monthly, and annual cleaning services as detailed; and WHEREAS, pursuant to Resolution R-2021-058 such contract provides for the ability to extend such contract for four (4) additional one-year terms: and WHEREAS, staff recommends the fourth and final year extension for 2025-2026 fiscal year, with an agreed upon annual amount of $61,500 to Kaizon Solutions, North Kansas City, Missouri; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into an agreement with Kaizon Solutions, North Kansas City, Missouri, to perform such services for the City of Riverside facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the bid of Kaizon Solutions, North Kansas City, Missouri, for janitorial services for City Hall, the Community Center, Public Safety Department, and Public Works be extended for July 1, 2025, thru June 30, 2026, a one (1) year term, with no contract increase, in the amount of $61,500.00 annually, as set forth in Exhibit A attached hereto, is hereby accepted; and FURTHER THAT the City Administrator, Mayor, Public Works Director, 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 Aldermen of the City of Riverside, Missouri, the 20th day of May 2025. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of May, 2025, (the "Effective Date") by Kaizon Solutions (hereinafter"Contractor") and the City of Riverside, Missouril(hereinafter"City"). City and Contractor agree as follows: SECTION 1. Term of Agreement. This Agreement shall begin as of the Effective Date and shall continue until June 30, 2026, as the final one (1) year period upon mutually agreeable terms. 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 $61,500.00, 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. SECTION 5. Non Discrimination and Equal Opportunity. Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority, women and disadvantaged contractors to submit bids. SECTION 6. 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. (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 7. 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/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. 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. 2 J. Current City Business License. The successful bidder, and all subcontractors, shall obtain a current city business license prior to beginning work. K. Sales Tax Exemption Certificate. The City will supply the Contractor with a Project Exemption Certificate for use in purchasing materials for the project. The Contractor shall, in preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of plant materials incorporated into or consumed in the work of the Project. The City: City of Riverside Attn: Robin Kincaid, City Clerk 2950 NW Vivion Road Riverside, Missouri 64150 Contractor: Kaizon Solutions Attn: Oshen Brixey, Business Manager 1828 Swift#300 North Kansas City, MO 64118 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and the Contractor. L. 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. M. 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. N. 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. 3 N WITNESS WHEREO, the Contractor and the City have executed this Agreement as of the Effective Date. CONTRACTOR: KAIZON SOLUTIONS By: Oshen Brixely Name: Oshen Brixely Title: Business Manager Date:5/22/202S City of Riverside, Missouri Kathleen L. Rose,Mayor Date: May 20, 2025 Attest. . Robin Kincaid, City Clerk 4 WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530, RSMo STATE OF MISSOURI) ) ss. COUNTY OF Jackson) 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 Oshen Brixely, who, being duly sworn, states on his oath or affirmation as follows: 1. My name is Oshen Brisely and I am currently the Business Manager of Kaizon Solutions (hereinafter"Contractor"), whose business address is 4041 NE Lakewood Way #100, Lee's Summit 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 City of Riverside Janitorial Services Project. 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with throntracted services set forth above. Oshen Bixely Affiant Oshen Bixely Printed Name Subscribed and sworn to before me this 22 day of May, 2025. Matthew W. Splichal Notary Public Notary Public Seal CITY OF RIVERSIDE MISSOURI 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: May 16,2025 AGENDA DATE: May 20,2025 TO:The Mayor and the Board of Aldermen FROM:Tom Wooddell RE:Janitorial Services Contract Extension BACKGROUND: The janitorial service contract for the City Hall, Public Safety, Community Center, and Public Works facilities will expire on June 3o, 2025. The contract included four (4) one-year extensions. Town and Country Building Services—2021-2022 annual amount was$49,920.00 Extension #1-2022-2023 annual amount will be$56,562.00 Extension #2—2023-2024 annual amount will be$61,500.00 Extension #3—2024-2025 annual amount will be$61,500.00 Extension #4 —2025-2026 annual amount will be$61,500.00 The contractor has agreed upon the contract allowing varied cost adjustments (increases and decreases) as needed for any possible renovation and/or space changes that may arise during the budgeted year,and most likely would stay within the total annual budgeted amount. Budgetary Impact: The 2025-2026 budget includes $61,500 annually for janitorial services for four facilities. REVIEWED BY AND RECOMMENDATION: Staff recommends the fourth extension for Kaizon Solutions formerly Town & Country Building Services, for janitorial services for our city facilities at the annual amount of$61,500.00.