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5.i) Contract for Janitorial Services � � �` a .� ' SCANDIA Staff Renort Date of Meeting: December 18, 2012 To: City Council From: Kristina Handt, City Administrator Re: Contract for Cleaning Agenda Item#: S.i) 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. T'he 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. At their December 11`�work session Council reviewed the draft contract and directed staffto ask for the City to be listed as an additional insured on the contractor's policy. That has been completed and a copy provided to the City. 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 occurrences. 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. 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) Approve the contract as drafted. 2) Amend and then approve the contract. 3) Take no action on the contract. Will result in the City not having a contract for cleaning services. 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 fiunish 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 officials,employees or agents hannless 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 perfornvng 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 Administrator City of Scandia 14727 209"'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 ftom 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 Attachment A List of Duties Included in Basic Services Scandia Community Center Janitorial Services Services to be provided once weekly after an event, unless otherwise indicated Entrv/Hallway 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 schedule Office&Board Room Warnung House�iuring 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 • Vacuum • 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 t►vice each year • Clean windows(fall & spring,inside and outside) Services to be provided once each year • Carpet cleaning(office,board room) 3