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Landfill Janitorial Services -- 1 .. .... .... Ji .- AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and ServiceMaster Clean regarding LANDFILL JANITORIAL SERVICES This Agreement is entered into this.J7 t'fday of August, 2008 by and between the City of Salina, Kansas (the "City") and ServiceMaster Clean ("Contractor"). Recitals A. The City owns and operates the Salina Landfill, 4292 South Burma Road with offices and work areas requiring scheduled cleaning. B. Contractor is an experienced, professional janitorial service that desires to provide janitorial services for the City's facilities at the Salina Landfill pursuant to the terms of this Agreement. THE PARTIES therefore agree and covenant: 1. Responsibilities of Contractor. Contractor agrees to provide janitorial services as follows: Weeklv cleanina: Vacuum all carpeted areas Dust all desk tops I counters I cabinet sl bookshelves I file cabinets Dust office equipment (computers, printers, copy machines, etc.) Dust and vacuum all offices Clean all mirrors Clean and sanitize all restrooms I showers Clean employee lounge I conference area I kitchen area Wet mop and sanitize all tile I linoleum floors Check and re-supply all paper tqwel dispensers and bath tissue (Note - paper supplies and trash can liners will be supplied by the City of Salina) Dispose of all trash Monthlv Cleanina Vacuum and or wipe down all furniture Wipe down all doors, door sills and kick plates Wipe down all mini-blinds and window sills Clean windows I inside Clean all light fixtures Miscellaneous Cleanina on Reauest Stripping and waxing of linoleum floors Cleaning and shampooing all carpets r-~ I ~ ~ 2. Responsibilities of the City. Access The City will make arrangement for the contractor to enter the building to perform cleaning between the hours of 7:00 AM and 4:30 PM, Monday through Friday and 7:00 AM and 2:00 PM on Saturdays or as otherwise mutually agreed upon. Compensation The City will pay "Contractor" $245.00 per month for completion of janitorial services as listed. 3. Term. This Agreement shall commence August 16, 2008, and shall terminate August 15, 2009, subject to termination pursuant to paragraph 4 and 5 below 4. Nonperformance. If either party fails to comply with any term of this Agreement within three days after written notice to comply has been mailed by the non- defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement. In such case, the non-defaulting party may pursue against the defaulting party such remedies as provided by law or in equity, including without limitation, the right to terminate Contractor's services under this Agreement, arrange for the work to be performed by another contractor, and recover against Contractor any additional cost so incurred by the City. 5. Termination. Either party may terminate this Agreement upon 30 days advance written notice. 6. Relationship. It is expressly understood that Contractor in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively. responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents, forms, or returns pertinent to the foregoing. 7. Iniury to Persons or Damaae to Property. Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department, (785) 309-5705 in the event of such injury to person(s) or damage to property. -----i i. .. 8. Indemnification. Contractor agrees to indemnify and save harmless the City, its officials, agents, servants, officers, directors and employees from and against all claims, expenses, demands, judgments and causes of action for personal injury or death or damage to property where, and to the extent' that, such claims, expenses, demands judgment or causes or action arise from negligent acts of Contractor's employees or agents in the performance of Contractor's duties under this Agreement. .. 9. Insurance Requirements. The following requirements shall not be construed to limit the liability of the Contractor or Its insurer(s). The City does not represent that the specified coverages or limits qf insurance are sufficient to protect the Contractor's interests or liabilities. Required coverages are to be maintained without interruption from the date of the commencement of the work until date of final payment and termination of any coverage required to be maintained after final payment. (a) Commercial General Liabilitv Insurance. The Contractor shall provide public liability insurance coverage in an amount no less than $500,000 covering the liability of the Contractor and any and all consultants, agents, independent contractors, etc. which are employed or retained by the Contractor, on an occurrence basis. The insurer must be acceptable to the City of Salina. Upon review of each project, the Risk Management Department may require higher or lower coverage limits. In lieu of the above coverage, the Contractor may provide coverage for his own firm in the above amount or an additional amount and submit proof all his consultants, agents and independent contractors have insurance deemed adequate by the City of Salina. (b) Automobile Liabilitv. The Contractor shall provide coverage protecting the contractor against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired and/or non-owned vehicle. Required minimum limits: $500,000 each accident, combined single limits, bodily injury and property damage. (c) Worker's Compensation. Before beginning work, the Contractor shall furnish to the City satisfactory proof that he has taken out, for the period covered by the work under this agreement, full workers' compensation coverage as required by state law for all persons who he may employ directly, or through subcontractors, in carrying out the work contemplated under this agreement, and shall hold the City free and harmless for all personal injuries of all persons who the contractor may employ directly or through subcontractors. (d) Certificate(s) of Insurance. Certificate(s) of Insurance acceptable to the City shall be filed with the City at the time the agreement between the City and the Contractor is executed. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or substantially changed until at least thirty (30) days prior written notice has r------------.--- , ~,j'. .;& . been given to the City and acknowledged. Note: if the Contractor is subject to worker's cqmpensation law a certificate shall be provided. (e) Notice of Claim. The Contractor, upon receipt of notice of any claim in excess of $1,000 in 90nnection with this agreement shall promptly notify the Risk Management Department, (785) 309-5705, providing full details thereof, including an estimate of the amount of loss or liability. 10. EaualOpportunitv: In conformity with Chapter 13 of the Salina Code, the Contractor and its subcontractors, if any, shall: (a) Observe the provision of Chapter 13 of the Salina Code and shall not discriminate against any person in the performance of work under this Agreement; (b) Include in all solicitations, or advertisements for employees, the contractor shall include the phrase "equal opportunity employer," or a similar phrase to be approved by the city's human relations director; and (c) Not discriminate against any employee or applicant for employment in the performance of this Agreement; and (d) Include similar provisions in any subcontract under this Agreement. 11. Affirmative Action. The Contractor agrees to abide by the Salina Code Sections 13-132 and 133 (unless the Contractor is exempt for purposes of this Agreement under Section 13-134) relating to affirmative action and affirmative action plans, attached and incorporated herein as Exhibit A. 12. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state, and local law in the performance of its duties under this Agreement. ' 13. Non-assignable. Due to the unique qualifications and circumstances of the parties, neither the rights nor the responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 14. Time. Time is of the essence of this Agreement. 15. Notices. All notices and demands shall be given in writing either by personal service or by registered or certified mail, postage prepaid, and return-receipt requested. Notice shall be considered given when received on date appearing on the return receipt, but if the receipt is not returned within five (5) days, then forty-eight (48) hours after deposit in the mail. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. \ '" CITY: City Clerk P.O. Box 736 Salina, KS 67402-0736 CONTRACTOR: ServiceMaster Clean 522 Reynolds Salina, KS 67401 16. Persons Bound-Copies. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, and successors of the parties hereto, and may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals sh~1I for all purposes constitute one agreement. 17. Tvoewritten or Handwritten Provisions. Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. Executed by the duly authorized officers of the parties as of the date first above written. CITY OF SALINA, KANSAS By: =c~ ServiceMaster Clean By: V/ft1dt/wA~-'L