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