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HomeMy WebLinkAbout01282013 City Council Special Meeting Packet Seward City Council Agenda Packet ,,,„ of sety c ;;;; lel l■ sri 0 . '��asP ■ Special CCouncil Meeting January 28, 2013 City Council Chambers 6 :30 p.m. The City of Seward Alaska Special City Council Meeting January 28, 2013 6:30 p.m. Council Chambers David Seaward 1. Call To Order Mayor 2. Pledge Of Allegiance Term Expires 2013 3. Roll Call 4. Citizen Comments On Any Subject Except Those Items Jean Bardarson Scheduled For Public Hearing. [Those Who Have Signed Vice Mayor Term Expires 2014 In Will Be Given The First Opportunity To Total Time For This Agenda Item.] Robert Valdatta 5. Approval Of Agenda And Consent Agenda [Approval of Council Member Consent Agenda passes all routine items indicated by Term Expires 2013 asterisk ( *). Consent Agenda items are not considered separately unless a council member so requests. In the event Christy Terry of such a request, the item is returned to the Regular Council Member Agenda.] Term Expires 2013 Vanta Shafer 6. New Business Council Member Term Expires 2013 A. Resolutions Marianna Keil 1. Resolution 2013 -009, Authorizing $50,661 For A Council Member Contract With Dependable Janitor & Gardener For Janitorial Term Expires 2014 Services For The Seward Community Library/Museum Contract, And Appropriating Funds. Ristine Casagranda Council Member 7. Council Comments Term Expires 2014 James Hunt 8. Citizen Comments City Manager 9. Council And Administration Response To Citizen Johanna Kinney Comments City Clerk 10. Adjournment Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda January 28, 2013 Page 1 e _ NOTICE OF (''' 9 1° SPECIAL MEETING — A - s NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a special meeting on Monday, January 28, 2013 at 6:30 p.m. for the purpose of: 1. Resolution 2013 -009, Authorizing $50,661 For A Contract With Dependable Janitor & Gardener For Janitorial Services For The Seward Community Library /Museum Contract, And Appropriating Funds. The meeting will be conducted in City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend. JOHANNA KINNEY CITY CLERK POSTED: Friday, January 25, 2013 at 5:30 p.m. City Hall bulletin board U.S. Post Office Harbormaster's Building SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special City Council Meeting on Monday, January 28, 2013 at 6:30 p.m. for the purpose of: 1. Resolution 2013 -009, Authorizing $50,661 For A Contract With Dependable Janitor & Gardener For Janitorial Services For The Seward Community Library /Museum Contract, And Appropriating Funds. Signed this 25 day of January, 2013. Mayor ,77 / '7 City Man ger or 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING $50,661 FOR A CONTRACT WITH DEPENDABLE JANITOR & GARDENER FOR JANITORIAL SERVICES FOR THE SEWARD COMMUNITY LIBRARY/MUSEUM CONTRACT, AND APPROPRIATING FUNDS WHEREAS, in January 2013, the City of Seward opened the Seward Community Library Museum facility; and WHEREAS, the city's intent is to keep this state of the art facility in excellent condition through the use of contract services; and WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward released a request for proposals on January 9, 2013 for janitorial services in the new building; and WHEREAS, two contractors submitted proposals that were deemed to be responsive and were reviewed by a scoring panel utilizing the City's standard scoring criteria; and WHEREAS, Dependable Janitor and Gardner was the successful proposer earning the most points using criteria reported to the Seward City Council on January 14, 2013; and WHEREAS, all references were verified and proved to be positive, expressing confidence in this contractors ability to perform the duties of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a contract between Dependable Janitor and Gardener and the City of Seward in substantial form as attached hereto. Section 2. The Seward City Council hereby appropriates the amount of $50,611, fifty - thousand six hundred and eleven dollars from account no. 101- 0000 -3050 to the contracted services account no. 101- 1500 -5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 of January, 2013. Council Agenda Statement Meeting Date: January 28, 2013 ' 4 Of SEA Through: Jim Hunt, City Manager u'� o From: Ron Long, Assistant City Manager 4 Kp Agenda Item: Seward Community Library Museum Janitorial services contract BACKGROUND & JUSTIFICATION: Construction of the new Seward Community Library Museum facility is complete and it opened to the public on January 14, 2013. The City intends to keep the building in excellent condition through the use of a janitorial contractor. In accordance with Seward City Code and as reported to Council, a Request for Proposals was prepared and published. It was issued on January 9 2013 and the scoring criteria reported to council on January 14, 2013. Two contractors submitted proposals that were deemed to be responsive and were then reviewed by the selection team using the criteria reported to Council. Dependable Janitor and Gardener obtained the highest points and is the selection team's recommendation as the janitorial services contract firm. The selection criteria, reported to council and rated by the selection team is as follows: Clarity of the Proposal 5 %, Performance, Experience, and Quality of work in Providing Services of a Similar Nature 35 %, The Proposer's Organizational Structure (including financial stability), Equipment and Personnel Qualifications & Resources Available for Performance of the Agreement and timeliness of similar projects 20 %, Additional Services That May Be Provided by the Proposer 5% and Cost to the City 35 %. A draft contract is attached. INTENT: Approve a contract for janitorial services for the Seward Community Library Museum. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): Section 3.7 X 2 Strategic Plan (document source here): Page 12, encourage cultural X activities and education 3 Other (list): X FISCAL NOTE: The total of funding required for the contract, $50,661 and will be appropriated from account 101 -0000- 3050 to the contracted services account no. 101 - 1150 -5390 for this contract. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution 2013 -- authorizing the City Manager to enter into a contract with Dependable Janitor and Gardner and appropriate $50, 611. Contract for Services with Dependable Janitor & Gardener for Janitorial Services for the Seward Community Library /Museum This AGREEMENT, made and entered into this day of January, 2013 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Dependable Janitor & Gardener, authorized to do business in Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide janitorial services and monitoring and reporting of observed maintenance issues for the Seward Community Library/Museum building located at 239 6th Avenue in Seward, Alaska, from February 1, 2013 through February 1, 2014. This contract will have an option to extend upon agreement by all parties, for up to five (5) consecutive years. WHEREAS, in response to a request for proposals, Dependable Janitor & Gardener submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this contract, including: Exhibit A- Contractors Proposal and Fee schedule, and Exhibit B — City's request for proposals dated January 9, 2013 (collectively, "RFP ") 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Assistant City Manager, Ron Long, and include any successor or authorized representative. 1.5 "Project" shall mean to provide janitorial services and monitoring and reporting of observed maintenance issues for the Seward Community Page 1 of 10 Library/Museum building located at 239 6th Avenue in Seward, Alaska, in Seward, Alaska as further described in the RFP issued by the City of Seward on January 9, 2013. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. The contractor will provide services from February 1, 2013 through February 1, 2014. Hours of service are based upon convenient, appropriate times during closed hours. The contractor will insure safe, appropriate, timely entrance and departure from the site. The work site will provide cleaning supplies and some tools as described within the specific appendices The contractor shall supply the City an accurate record of service performed in the form of an invoice, submitted every month. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. 3.0 FEES. [based on and listed in accepted proposal ] The Contractor shall be entitled to receive as compensation for the services rendered. A fee will be paid once per month, as invoiced and approved by the contract officer in the amount of $ 4217.58 as outlined in the base annual fee and upon completion of the work specified. The Contractor shall supply the City an accurate record of service performed in the form of an invoice, submitted every month. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, in response to the RFP issued by City dated January 9, 2013 to provide services based on approved standards and instructions as specifically described in the same RFP. Keep building in clean and orderly condition. Perform heavy cleaning duties, such as cleaning floors, shampooing rugs, washing walls and glass, and removing rubbish. Duties may include notifying management of need for repairs or maintenance issue including the boiler and furnace systems, and the need for cleaning snow or debris from sidewalk. The contractor shall supply the City an accurate record of service performed in the form of an invoice, submitted every month. Daily /General Tasks: • Clean building floors by sweeping, mopping, scrubbing, or vacuuming them. • Gather and empty trash. • Service, clean, and supply restrooms. Page 2 of 10 • Dust furniture, walls, machines, and equipment. • Monitor building security and safety by performing such tasks as locking doors after operating hours and checking electrical appliance use to ensure that hazards are not created. • Notify manager concerning the need for major repairs or additions to building operating systems. • Requisition supplies needed for cleaning and maintenance duties. • When needed for special events and at the direction of the Library Museum Director; Set up, arrange, and remove decorations, tables, chairs, ladders, and scaffolding to prepare facilities for events such as banquets and meetings. Monthly /As Needed Tasks: • Clean and polish furniture and fixtures. • Clean windows, glass partitions, and mirrors, using soapy water or other cleaners, sponges, and squeegees. • Steam -clean or shampoo carpets. • Strip, seal, finish, and polish floors. • During the course of performing regular janitorial services, monitor the heating, cooling, ventilating, plumbing, and electrical systems and report any needed repairs to library museum management. • Mix and use detergents and cleaning solutions according to specifications. • Follow procedures according to specifications for the use of chemical cleaners and power equipment, in order to prevent damage to floors and fixtures or personal injury. • Move heavy furniture, equipment, and supplies, either manually or by using hand trucks. Schedule of operations: • Time Schedules will be arranged as convenient for library museum operations and may change by mutual agreement • The Contractor and Facility Manager (Library Museum Director) will communicate weekly about cleaning and maintenance issues and concerns. A list of jobs may be generated and check off as needed. This Scope of Services can only be changed in writing pursuant to Section 25 of this Agreement. 5.0 PERSONNEL /ORGANIZATION 5.1 Key Personnel. Work and services provided by the Contractor will be performed by: Owners Ron Newcome /Connie Alsup or employees. 5.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City Page 3 of 10 to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 6.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required services and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 7.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Contractor shall have a Seward and State of Alaska Business License. 8.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 9.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, is extended to the Contractor. The Contractor shall at all times maintain insurance covering Workers' Compensation, general commercial liability, automobile liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is named as an additional insured for all liability coverages, Page 4 of 10 b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies, c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials, d. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts for each type of insurance shall be no less than the following: a. Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 1 Million per occurrence and $ 1 Million aggregate combined single limit, personal injury, bodily injury and property damage, b. Workers Compensation as required by Alaska law, AS 23.30.045 and regulations adopted thereunder. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. The minimum amount and types of insurance provided by the contractor shall be subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 10.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 11.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. 12.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind or nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such Page 5 of 10 method, process, etc., with one of equal efficiency. 13.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 14.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 15.0 SUSPENSION OR TERMINATION. 15.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 15.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 15.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and Page 6 of 10 b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 16.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 17.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 18.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 19.0 STAFFING. Contractor is responsible for hiring, training and supervising all its employees. 20.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 21.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 22.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. Page 7 of 10 23.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Contractor, will be done at the sole expense of the Contractor. 25.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work, or the schedule for completion. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 24.0 of this Agreement. 26.0 LIMITATION OF FUNDS. Page 8 of 10 26.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the City under Section 15 to terminate this Agreement, 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward Dependable Janitor & Gardener City Manager Ron Newcome and Connie Alsup PO Box 167 PO Box 1108 Seward, Alaska 99664 -0167 Seward, Alaska 99664 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward Dependable Janitor & Gardener By: Jim Hunt By: Ron Newcome Title: City Manager Title: Owner Date: Date: ATTEST: Page 9 of 10 Johanna Kinney, CMC City Clerk (city seal) Page 10 of 10