5.c) Review Draft of Contract for Cleaning � �
� � ��^'��
SCANDIA
StaffRenort
Date of Meeting: December 1 l, 2012
To: City Council
From: Kristina Handt, City Administrator
Re: Review Draft of Contract for Cleaning
Agenda Item#: S.c)
Background:
At the October 16, 2012 meeting the Council gave staff approval to issue a Request for Proposals
(RFP) for janitorial services for the community center and the warming house. The same
proposal that was issued in 2011 was issued in October with proposals due to the city by noon on
Wednesday, November 14. Four proposals were received by the deadline.
At the November 20, 2012 Council meeting, the Council approved the proposal from Top Notch
Building Services and directed staff to prepare a contract.
Issue:
Is the proposed cleaning contract sufficient?
Proposal Details:
The structure of the contract is the same as with the previous provider.
It covers basic fees and services which are $395/month plus sales tax. The City will be billed at
$18/hour if a second cleaning is needed in a week. Past experience has shown this rarely
happens. Staff will work with the contractor to minimize these occunences.
The cost of additional floor care services are in the contract. Note that the first carpet cleaning is
included in the base charge.
The one new section relates to emergency calls. The contract will charge $40/hour for
emergency calls such as needed to clean following a broken window or broken pipe.
The current contractor has given notice and will be done on December 22, 2012 so this new
contract would begin on December 23, 2012 and run until December 31, 2013. Thereafter
automatically renewing for one year unless either party gives a 60 day written notice. The
contract may be cancelled at any time by either party, with or without cause,by providing a 60
written notice.
The City Attorney reviewed the contract. The contractor has submitted a copy of his insurance
but has not named the City as an additional insured on the policy, which is consistent with the
RFP. The City Attorney suggested it would be up to the Council to decide if it is worth the extra
cost to have the City listed as an additional insured.
Fiscal Impact:
If no additional services are requested and the community center is cleaned one a week the
annual cost will be about $5,080. Each time the hall floor is stripped and waxed would
approximately cost an additional $950.
The proposed 2013 budget for building maintenance for the community center is $9,650. This
amount not only covers the cleaning contract but also other kitchen maintenance items that may
come up for the building and regular pest control.
Options:
1) Make no changes to proposed contract and direct staff to place it on the consent agenda
for 12/18/12 meeting.
2) Amend the contract and direct staff to place it on the consent agenda for the 12/18/12
meeting.
3) Place contract on general business agenda for 12/18/12 meeting.
Recommendation:
Option 1.
JANITORIAL SERVICES AGREEMENT
MICHAEL HERMAN DBA TOP NOTCH BUILDING SERVICES, LLC
AND CITY OF SCANDIA, MINNESOTA
This agreement,effective on the 23rd day of December, 2012,by and between Michael Herman DBA Top
Notch Building Services,LLC,hereinafter referred to as"Contractor"and the City of Scandia,a municipal
corporation located in the County of Washington, State of Minnesota,hereinafter referred to as"City".
In consideration of the covenants and agreements,hereinafter set forth,it is mutually agreed by and between the
Contractor and City as follows:
1. Basic Services and Fees. Contractor shall furnish all equipment, supplies and labor necessary for the
completion of all basic services as described on Attachment A to this agreement. The City shall pay to
the Contractor a fee of$395.00 per month plus sales tax for these services.When cleaning is required
more than once a week,as requested by the City,because of multiple events,the Contractor will be paid
at a rate of$18/hour for the second cleaning.
2. Additional Floor Care Services. Contractor shall fumish all equipment,supplies and labor necessary
for any floor care services in addition to those listed on Attachment A,priced as follows:
a. Carpet cleaning(beyond first cleaning each year): $100.00
b. Strip and wax hall floor: $0.25 per square foot
3. Emergency Calls: The contractor will be paid $40/hour for all emergency calls when called in by the
City with less than 24 hour notice and when in addition to the basic services listed in Attachment A.
4. Scheduling. Contractor shall coordinate the schedule for all services with the City to ensure minimal
disruption to staff and the public during office hours,and to events and groups utilizing the Community
Center facilities. Service will be scheduled to ensure that the Community Center Hall and other
common areas are cleaned following events and prior to their next use. City will inform Contract of all
scheduled events 30 days in advance to the extent practical.
5. Indemnity.Contractor shall be liable for and shall defend, indemnify and hold the City, its officers,
elected and appointed off`icials,employees or agents harmless from any and all claims, lawsuits,losses,
damages or expenses on account of bodily injuries, sickness,disease,death and property damage caused
by or resulting from its activities under this Agreement.
6. Insurance. Contractor shall purchase and maintain,at his own expense,a general liability insurance
policy with limits of at least$500,000.00 per occurrence and$1,500,000.00 annual aggregate.
Contractor shall provide the City with proof of insurance, including proof of Workers Compensation
Insurance coverage required by Minnesota Law.
7. Independent Contractor. Nothing contained in this Agreement is intended or should be construed as
creating the relationship of employer and employee between the Contractor and the City. No tenure or
any rights or benefits,including workers compensation,unemployment insurance,medical care,sick
leave,vacation leave, severance pay,PERA, or other benefits available to City employees shall accrue
to the Contractor or employees of the Contractor perfomung services under this Agreement.
8. Non-Discrimination. In accordance with Affirmative Action Policies against discrimination no person
shall,on the grounds of race,color,religion,age, sex,disability,marital status, sexual orientation,
public assistance status, ex-offender status, or national origin,be denied the benefits of,or be otherwise
subjected to discrimination under any program, service or activity under the provisions of any and all
1
applicable federal and state laws against discrimination.
9. Notices. Any notice or demand which must be given or made by a party hereto under the terms of this
agreement shall be in writing and shall be provided to the parties by U.S. Mail at the addresses listed
below:
To City: City Administratar
City of Scandia
14727 209t'' St. N.
Scandia,Minnesota 55073
To Contractor: Michael Herman
Top Notch Building Services, LLC
38448 Tamworth Ave
North Branch,MN 55056
10. Term. This agreement will continue in effect until December 31,2013, and will automatically extend
for additional one(1)year terms,unless either party gives written notice of intent not to extend to the
other party, said notice to be given at least sixty(60)days prior to the expiration of the then current
term.
11. Cancellation. The agreement may be cancelled with or without cause by either party upon sixty(60)
days written notice.
12. Entire Agreement. It is understood and agreed that this is the entire agreement between the parties and
that this agreement supersedes all previous written and oral agreements between the parties relating to
the subject matter.
13. Jurisdiction and Venue. This Agreement shall be governed by, construed and enforced in accordance
with the laws of the State of Minnesota and any action to enforce this Agreement shall be brought in the
courts of Washington County,Minnesota.
14. Severability. Every section,provision or part of this agreement is declared severable from every other
section,provision or part thereof to the extent that if any section,provision or part of this agreement
shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section,
provision or part thereof.
City of Scandia, Minnesota(City) Michael Herman (Contractor)
By: BY�
Randall Simonson,Mayor Michael Herman
Date: Date:
ATTEST:
By:
Administrator/Clerk
Date:
2
I
Attachment A
List of Duties Included in Basic Services
Scandia Community Center Janitorial Services
Services to be provided once weekly after an event, unless otlaerwise indicated
Entrv/Hallwav Kitchen and Bar
• Clean glass doors inside& out � Clean tables&counters
� Vacuum mats • Wipe out microwave
• Wash mats as needed • Clean refrigerators and freezer
• Sweep &mop floor • Clean stove and ovens
• Dust coat racks,bench,pictures • Wipe down/polish appliances
• Clean drinking fountain • Mop floor
• Sweep concrete entryway � Empty waste containers
• Replenish paper supplies& soap
• Monitor dishwashing products
Bathrooms Ha1UHerita�e Room
• Wash sinks • Check/clean floor,tables and chairs after
• Clean mirror events
• Clean toilets • Vacuum stage, dust chair rail/pictures as
• Mop floor needed
• Empty waste containers • Empty waste containers
• Replenish paper supplies& soap • Sweep and/or mop floor
Services to be provided on a weekly sclzedule
Office&Board Room Warmin�House—during Season
• Dust and wipe down desks, equipment, file • Clean bathrooms weekly during skating season
cabinets, window sills • Empty trash containers
• Dust pictures • End-of-Season and pre-season general cleanup
• V acuum
• Empty recycling&waste in respective
dumpsters
Services to be provided on a monthly schedule
� Remove all high dust&cobwebs
• Clean baseboards
• Clean outdoor notices cabinet
Services to be provided twice each year
• Clean windows (fall & spring, inside and
outside)
Services to be provided once eacli year
• Carpet cleaning(office,board room)
3