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HomeMy WebLinkAboutCustodial Service Agreement with Western Building Maintenance for Custodian CUSTODIAL SERVICES AGREEMENT THIS AGREEMENT made between the City of Meridian, a political subdivision ofthe State of Idaho, hereinafter referred to as "CITY", and Western Building Maintenance, hereinafterreferred to as "CUSTODIAN." The CITY and CUSTODIAN, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK The CUSTODIAN is to perform Custodial services as set forth hereafter, in the buildings and at the frequency set forth in the original bid specifications with amended as herein negotiated and incorporated by reference in Appendix "A." 2. COMPENSATION The CITY shall pay the CUSTODIAN the sum of $4,826.00 per month for the services described herein and in Appendix "A". Generally, payment will be sent to the CUSTODIAN within thirty (30) days following the CITY receipt ofthe CUSTODIAN's monthly invoice. In addition, the CITY will compensate the CUSTODIAN for any additional services as agreed to in writing between the CITY and CUSTODIAN. This may include additional services within the CITY's Buildings, special clean up, etc. CUSTODIAN agrees to invoice those agreements separately from the monthly amount. The rates and costs for this service will be negotiated on a case-by-case basis. 3. MA TERIALS AND EQUIPMENT CUSTODIAN agrees to provide all materials and equipment necessary to perform all listed services as a part of the compensation listed above. The CITY will provide a storage area. The CITY will supply the paper products, liners and hand soap as needed by the CUSTODIAN. 4. EMPLOYEES The CITY and the CUSTODIAN have a high degree of concern for security and confidentiality of the CITY's information. Based upon mandated and preferred levels of security the CITY will not engage any party to perform the services contemplated by this agreement without a background check being performed on the individuals doing the desired work. The CITY is concerned about honesty and integrity in the performance of this agreement. The CITY will perform these backgrounds at no cost to the CUSTODIAN, but to verify the ability to allow access to CUSTODIAN's employees to sensitive areas. CUSTODIAN agrees to provide CITY with a list of names, dates of birth, social security numbers and addresses of all employees who will be performing the CUSTODIAL SERVICES AGREEMENT- PAGE I OF 9 D IGINAL Custodial services. CUSTODIAN agrees not to use any person in the performance of this contract until such person has been cleared by the CITY. (Preliminary Approval/ Rejection will normally be completed within one week.) If CITY disapproves of any such employee(s), in writing, CUSTODIAN agrees not to use such employee(s) in the work. CUSTODIAN further agrees to use care in selecting trustworthy employees and in supervising them. Procedure for implementing this section: A. CUSTODIAN will submit name, date of birth, social security number, and addresses for all employees CUSTODIAN wishes to provide service under this contract to the CITY contact. B. CITY will provide a response to CUSTODIAN, normally within one week, depending on extent of background check required. C. Approved employees will be required to make an appointment during regular business hours to obtain an identification card which will allow work within the CITY buildings. Employees may begin work only after obtaining this identification card. D. CUSTODIAN's employees will wear the approved identification card at all times while within the CITY's building. CUSTODIAN employee identification cards will be subject to random checks by City or police personnel. E. Failure to wear the approved identification within the CITY's building shall result in the ejection of the employee and possible denial offuture access to the building. F. Any CUSTODIAN employee who gains access to the CITY's buildings using an identification card issued to another person shall be ejected from the building and all future access shall be denied. Additionally, the access privileges of the person to whom the identification card is issued shall be withdrawn permanently. G. Upon separation of service of any employee who has been granted access to the CITY's buildings, CUSTODIAN agrees to notify the CITY Contact bye-mail or phone on the same day the separation occurs, or if such separation occurs at other than regular business hours, the next following business day prior to 9:00 am. CUSTODIAN is also responsible for retrieving any CITY issued identification card from such employee returning said card to the CITY Contact. CUSTODIAL SERVICES AGREEMENT- PAGE 2 OF 9 5. INDEMNIFICATION CUSTODIAN agrees to indemnify, defend, and hold harmless the CITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the acts and/or any performances or activities or CUSTODIAN, CUSTODIAN's agents, employees, or representatives under this Agreement. 6. INSURANCE The CUSTODIAN shall not commence work under this Agreement until he/she has furnished the CITY OF MERIDIAN with satisfactory proof of the carriage of insurance as specified herein, A. Workers' Compensation Insurance: The CUSTODIAN shall maintain, during the life of this Agreement, Workers' Compensation Insurance for all employees employed on this work. 1. State - Statutory 2. Employers Liability - Statutory 3. Applicable Federal- Statutory B. Comprehensive General Liability: The CUSTODIAN shall maintain this insurance against death or injury to persons or damage to property during this life ofthis contract in such form as it will protect the CUSTODIAN and CITY OF MERIDIAN from all as above provided in the amounts specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, currently $500,000 for bodily or personal injury, death, or property damage or loss as the result of anyone occurrence or accident, regardless of the number of persons injured or the number of claimants. In the event the insurance minimums specified in the Tort Claims Act are changed, CUSTODIAN shall immediately submit proof of compliance with the changed limits. The limits of insurance shall not be deemed a limitation of the covenants to indemnify, defend, and hold harmless the CITY. Any change in insurance coverage shall require thirty (30) days notice to the City prior to the change. Any change must still be consistent with the terms of this Agreement. 7. CONDITIONS OF WORK The CUSTODIAN has informed himself /herself of the conditions relating to the work and it is assumed that he/she has inspected the site at which the work is to be done and has made himself/herself familiar with the required cleaning functions and frequency at the site as shown in the previously listed Schedule of Custodial Service, CUSTODIAL SERVICES AGREEMENT- PAGE 3 OF 9 8. KEYS CUSTODIAN agrees that all keys that they receive to perform on this agreement shall remain the property of the CITY. Upon termination of this agreement all keys shall be returned. The CITY shall supply the necessary keys to the buildings and they may not be duplicated by the CUSTODIAN without the consent of the CITY. Any employee of the CUSTODIAN that is entrusted with a key shall be apprised of this specific contractual condition. A violation of this condition may be considered "cause" for termination of this agreement pursuant to the Termination clause. 9. COMPLIANCE WITH LAWS CUSTODIAN agrees to comply with all federal, state, city, and local laws, rules and regulations. 10. ACCESS CARD CITY will give one magnetic access card to each CUSTODIAN employee for access to the necessary premises, and CUSTODIAN must obtain the approval of CITY as to any employee who is given an access card. CUSTODIAN shall immediately report the loss or compromise of the card to the CITY contact. 11. INDEPENDENT CONTRACTOR The parties agree that CUSTODIAN and all its employees are independent contractors for CITY and in no way employees or agents of CITY and are not entitled to workers compensation or any benefit of employment with the CITY. The CITY shall have no control over the performance of the Agreement by CUSTODIAN, except to specify the time and place of performance and the results to be achieved. CUSTODIAN shall be responsible for the payment of any and all taxes due for the compensation received under this contract. 12. TERMINATION For Cause: If, through any cause, CUSTODIAN, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to CUSTODIAN, An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without waiving its right to immediately terminate for cause, the CITY may allow CUSTODIAN to make reasonable attempts to resolve performance issues that are CUSTODIAL SERVICES AGREEMENT- PAGE 4 OF 9 capable of being rectified. In the event that the CITY determines, in its sole opinion, that a performance issue may be capable of being rectified, the CITY will provide notice of problems regarding performance and CUSTODIAN shall have a reasonable time to cure, if practicable. If after reasonable efforts to resolve performance issues no resolution can be reached to the satisfaction of the CITY then the CITY may proceed to immediately terminate for cause. Without Cause: If the CITY Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CUSTODIAN of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination, CUSTODIAN may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. In the event of any termination of this Agreement, CUSTODIAN shall immediately return all keys and other CITY property in its possession, and CUSTODIAN shall be entitled to receive just and equitable compensation for any work satisfactorily completed, Notwithstanding the above, CUSTODIAN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CUSTODIAN, and the CITY may withhold any payments to CUSTODIAN for the purposes of set-off until such time as the exact amount of damages due the CITY from CUSTODIAN is determined. This provision shall survive the termination of this agreement and shall not relieve CUSTODIAN of its liability to the CITY for damages. 13. DISPOSAL OF TOXIC SUBSTANCES CUSTODIAN agrees to dispose of any and all toxic substances used in the premises in accordance with federal, state and local statutes and regulations and further agrees to indemnify CITY from any liability resulting there from, 14. ATTORNEY FEES Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare termination or forfeiture of this Agreement. 15. AGREEMENT TIME PERIOD The work under this Agreement shall begin January 1,2006, and, unless terminated pursuant to Section 12 above, and end September 30,2006, unless otherwise extended by amendment. The CITY shall have the sole discretion to extend the contract subject to a review of the monthly costs or other services to be provided annually and agreement by the CUSTODIAN. If the CITY and the CUSTODIAN agree to renew this agreement then the new costs for service and services provided shall be incorporated by reference to this Agreement and will be subject to the approval of the Mayor and City CUSTODIAL SERVICES AGREEMENT - PAGE 5 OF 9 Council. If custodial services are needed prior to January 1, 2006, the CITY will notify CUSTODIAN, at Custodian's discretion, the services may begin prior to the proposed start date. 16. NOTICES AND INVOICES Address for giving notices: Address for giving notices: City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 208-888-4433 Western Building Maintenance P,O. Box 9408 Boise, ID 83707 208-345-2951 17. CONTACTS FOR SERVICE ISSUES The CITY shall maintain a single point of contact for feedback to the CUSTODIAN. The contact shall be Bill Nary, City Attorney/HR Director or the CITY's designated Purchasing Agent. The contact person may also provide a direct department contact when necessary regarding a particular CITY building or issue. Contact may be made by phone (898-5506) or cell phone (440-3881) or CITY e-mail narvb@meridiancity.org. The CUSTODIAN shall provide primary points of contact for feedback to the CITY. The contact shall be in order of contact preference: (1) Jake Estess cell phone (830-4451); (2) Bret Vaterlaus cell phone (866"0325); (3) Carlos Lopez cell phone (866- 0618). 18. ASSIGNMENT A. No assignment by a party hereto of any rights under or interest in the Agreement Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Agreement Documents. B. THE CITY and CUSTODIAN each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants and obligations contained in the Agreement Documents. CUSTODIAL SERVICES AGREEMENT- PAGE 6 OF 9 19. CONSTRUCTION AND SEVERABILITY If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. APPLICABLE LAW This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian, 22. APPROVAL REQUIRED This Agreement shall not become effective or binding until approved by the City of Meridian. DATED this (3 f-~ day of December, 2005, CUSTODIAN REPRESENTATIVE Attest: DATED this IJI:1:. day of December, 2005 Approved by CIty -trnnei-l7-!Z - (3.--tJ 5' (date) AttesJ~~~, R. William G. Berg, Jr., City CI rk CUSTODIAL SERVICES AGREEMENT- PAGE 7 OF 9 [CORPORATE SEAL} \\\ \ II:: ,: Ii I/II} III \\\. 0'''' II{ \\' 1 ..1 ",' ,\' _"""'1, ,----'h. .. '>",' ..... $!'>>'~ ~ ''"'''''- <"... '- U' /e<"'~O'" ',. .~ f (/i::I:'-"'''~/i)<~.:\\ \:% ~ \ ~ - ;\. I ~ ;::c:U Ii :;; =:"? f:"Jj i: \ -ib ~~~,~'E~S~L] ........... -~ "*-">-~""~~",,,o"'-"- .....$' /....// C' \~ - ,'-' 11/ OUr,>'T"{, ,\'" 11/, -,J ~ ~\c\\\ "1I1111Illl\\" APPENDIX A SPECIFICATIONS · Vacuum all carpets and dust all furniture, lockers, and surface areas, . Carpet extraction. . Mop all tiled floors with a cleaner. · Strip and wax all tiled floors, including buffing / polishing of floors with a mechanical polisher. · Empty all trash containers and discard all materials specified by the CITY · Wash all windows with a window cleaner, inside and outside. · Clean all bathrooms, including toilet and lavatory bowls and refill all paper towel and toilet paper dispensers. · Change burned out light bulbs as needed with the exception of high lights in lobby areas. . Clean light fixtures. . Clean heating and cold air vents. · Wash walls and door moldings to remove markings. Department / FrequencvlHours Attorney / Function City Hall Parks Police HR Wastewater Water Between 5 p.m. and 7 p,m unless there are After 5 p.m. After 5 meetings or when CITY p.m., but or before After 6 Before 7 Hall crew before lO After 5 Hours 7 a.m. p.m. p.m. works p.m. p.m. Square Footage 8000 2000 30,000 3500 3600 4210 KitchenlBreak Rooms - Clean sinks/empty 5 per 5 per trash week 2 per wk week 5 per week 2 per wk 2 per wk Vacuum / Dust 5 per wk 2 per wk 5 per wk 2 per wk 2 per wk 2 per wk Carpet Shampoo 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr 2 per yr 1 per wk 1 per wk 1 per wk or as or as 1 per wk or or as needed needed 1 per wk or as as needed needed Floor due to due to needed due to due to due to Mopping 5 per wk weather** weather* * weather* * weather** weather* * CUSTODIAL SERVICES AGREEMENT- PAGE 8 OF 9 Floor Waxing 2 Em ty Trash 5 Wash Windows Outside & Inside 2 per yr 2 per yr 4 per yr 2 per yr Clean Bathrooms 5 per wk Change Light Bulbs As needed As needed As needed As needed Clean Light Fixtures 2 er yr 2 per yr Clean Air Ducts Clean Blinds W ash Walls !Molding 1 per yr 2 per yr 2 per yr er yr * Floor buffing also required, once per week for Police, twice per year for Waste Water **Mopping only done when custodian performs work at that City building = As outlined in Custodial Agreement CONT ACTS (See Also Paragraph 17 of Agreement) The CITY shall maintain a single point of contact for feedback to the CUSTODIAN. The contact shall be Bill Nary, City AttorneylHR Director or the CITY's designated Purchasing Agent. The contact person may also provide a direct department contact when necessary regarding a particular City building or issue. Contact may be made by phone (898-5506), cell phone (440-3881) or City e-mail naryb@meridiancitv.org. The CUSTODIAN shall provide primary points of contact for feedback to the CITY. The contact shall be in order of contact preference: (1) Jake Estess cell phone (830- 4451); (2) Bret Vaterlaus cell phone (866-0325); (3) Carlos Lopez cell phone (866-0618). SCHEDULE OF COMPLETION All Custodial services to City Hall must be completed after 5:00 pm on regular business days and must take in consideration any scheduled meetings. No access will be allowed to the basement after regular business hours, except with authorized escort. Access to certain areas may be restricted, as confirmed with the City of Meridian contact. Pursuant to the attached Table all times are fixed unless directed differently by the CITY contact and all staff of CUSTODIAN will have vacated the premises of the CITY upon completion of the assigned work. CUSTODIAL SERVICES AGREEMENT - PAGE 9 OF 9 Meridian City Council December 13, 2005 Page 2 of 42 peace and continued prosperity. And for these gifts we give you thanks through Christ our Lord, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Slyter and Merry Christmas. Item NO.4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First of all, on the Consent our resolution number is 05-495. Also we had Item No. P needs to be deleted from the Consent Agenda. In our department reports, Planning and Zoning, Anna, would like to have a second item, reorganization. And on the regular agenda, Item 12 has been asked to be continued or tabled for two weeks. And also Item No. 18, which is an ordinance, is number 05-1207. And with that I move we approved the revised revised agenda. Rountree: Second. De Weerd: It's just revised once, although you just revised it. Bird: I revised it a second time. De Weerd: The motion is to accept the agenda as amended. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of November 15, 2005 City Council Regular Meeting: B. Approve Minutes of November 22, 2005 City Council Regular Meeting: C. Resolution No. Declarina the Intent of the City of Meridian to Offer for Exchanae Certain Real Property Located at 55 East Broadway Avenue in the City of Meridian Legally Described as Lot 20 of Block 1 of the Meridian Townsite; Instructing the City Clerk to Establish and Notice a Hearing to Review the Proposed Exchange: Meridian City Council December 13, 2005 Page 3 of 42 D. Approve Adult Business License Renewal for Paul McLeod I Valley Video at 433 N. Main Street: E. Approve Pawnbroker's License Renewal for Terry Stewart I Benny's Pawn at 451 N. Main Street: F. Approve Pawnbroker's License Renewal for Paul Watson I Meridian Coin & Pawn at 1550 N. Main Street: G. Well No. 20 B Power Easement for Idaho Power Company: H. StreetliQht AQreement for Settlement BridQe No.3 by Capital Development: I. Change Order No. 1 for the WWTP Standby Power System Procurement with Western States Equipment Corporation: J. Hook-up to City Services Agreement for Edward and Loretta Sweet - Outside City Limits (2640 North Meridian Road): K. AQreement for Professional Services for Meridian Wastewater Treatment Plant MCC 4 Replacement with DC Engineering, Inc.: L. Development Agreement: AZ 05-026 Request for Annexation and Zoning of 15,32 acres from RUT to R-8 zone for Hollybrook Subdivision by Hollybrook, LLC - 3265 North Curt Drive and 540 East Ustick Road: M. ChanQe Order No.1 for Ustick Road WideninQ with W.H. Moore Company: N. ChanQe Order No.1 for WWTP Standby Power Building with Challenger Companies: O. Approve City Custodial Services AQreement with Western BuildinQ Maintenance: De Weerd: Thank you. That was a little unusual, wasn't it. Okay. Item 5 is the Consent Agenda. Mr, Bird. Bird: Madam Mayor, I move that we approve the Consent Agenda with the ordinance number 05-495 and we will delete Item No. P and for the Mayor to sign and the Clerk to attest on all proper papers, Rountree: Second, Meridian City Council December 13, 2005 Page 4 of 42 De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with removal of p, If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT, Item 6: Department Reports: A. Planning Department - Anna Canning 1. Application Fee Refund for Durango Springs Subdivision: De Weerd: Item 6-A, Department Reports, We will start with Anna, Item NO.1. Canning: Thank you, Madam Mayor. Madam Mayor, Members of the Council, we had a large project that has withdrawn their application. They submitted $16,384.68 for that application. We committed to them that we would ask for a reimbursement of a portion of that. What I have done -- you have a memo from Josh Wilson addressed to myself detailing how we came up with a suitable reimbursement and what we did is we figured out how many hours we had spent on the project and multiplied it by the rate that's listed in the fee structure and we added in any hard costs associated with the noticing from the clerk's office, So, we are asking that they be reimbursed for $13,972.68. De Weerd: Okay. Council, do you have any questions regarding the memo in front of you? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With the staff's approval, I would move that we approve refund of $13,972.68 to Durango Springs Subdivision North and South. Rountree: Second, De Weerd: Okay. The motion is to approve the request of staff. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell; absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Organizational Chart.