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Landfill Janitorial Services 2011 AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and JMH Cleaning regarding LANDFILL JANITORIAL SERVICES This Agreement is entered into thiJ"4day of August, 2011 by and between the City of Salina, Kansas (the "City") and JMH Cleaning ("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: Weekly cleaning: Vacuum all carpeted areas Dust all desk tops / counters / cabinet s/ bookshelves /file cabinets Dust office equipment (computers, printers, copy machines, etc.) Dust and vacuum all offices Clean all mirrors Clean and sanitize all restrooms / showers Clean employee lounge / conference area / kitchen area Wet mop and sanitize all tile / linoleum floors Check and re-supply all paper towel dispensers and bath tissue (Note - paper supplies and trash can liners will be supplied by the City of Salina) Dispose of all trash Monthly Cleaning 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 / inside Clean all light fixtures Miscellaneous Cleaning on Request Stripping and waxing of linoleum floors Cleaning and shampooing all carpets Equipment and Supplies Contractor shall provide all equipment and appropriate cleaning supplies necessary to perform the work described above. 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"$244.00 per month for completion of janitorial services as listed. 3. Term. This Agreement shall commence August 16, 2011, and shall terminate August 15, 2012, 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. Injury to Persons or Damage to Propert y. 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 2 • r s , notify the City's Risk Management Department, (785) 309-5705 in the event of such injury to person(s) or damage to property. 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 of 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 Liability 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 Liability. 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-owried 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 3 provision that-coverage afforded under the policies will not be cancelled or substantially changed until .at least thirty (30) days prior written notice has been given to the City and acknowledged. Note: if the Contractor is subject to worker's compensation 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 connection 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. Equal Opportunity. In conformity with Chapter 13 of the Salina Code, the Contractor 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. EQUAL EMPLOYMENT AND CERTIFICATION OF NON-SEGREGATED FACILITIES. By the submission of its Bid, each Bidder acknowledges that he understands and agrees to be bound by the equal opportunity requirements (41 CFR Part 60-4), which shall be applicable throughout the performance of work under any Contract awarded pursuant to this solicitation. Each Bidder agrees that if awarded a Contract, it will similarly bind contractually each Subcontractor. 'In implementation of the foregoing policies, each bidder further understands and agrees that if awarded a Contract, it must engage in affirmative action directed at promoting and ensuring equal opportunity in the workforce used under the Contract (and that it must require contractually the same effort of all Subcontractors whose subcontracts exceed $20,000.) Any contractor entering into a contract with the City of Salina and such person's subcontractor shall take affirmative action to insure that employees are treated equally without regard to their race, sex, religion, age, color, national origin, ancestry, or disability. Such affirmative action shall include, but not be limited to, the following: 4 Employment, upgrading, demotion or transfer, recruiting or recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor and subcontractor shall agree to post, in conspicuous places available to employees and applicants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and such person's subcontractors shall provide all affirmative action information and necessary documents to implement the compliance with the requirements of all federal, state and local laws and ordinances. It shall be no excuse that the employer has a collective bargaining agreement with any union providing for exclusive referral or approval systems. The failure of the contractor or subcontractors to comply with the requirements of this article shall be grounds for cancellation, termination, or suspension of the contract, in whole or in part, by the board of commissioners with the contractor or subcontractors until satisfactory proof with intent to comply will be submitted to the accepted by the board of commissioners. Every contractor, prior to entering into a contract with the City of Salina shall submit to the director of human relations an acceptable written affirmative action plan. 13. Compliance with Applicable Law. . Contractor shall comply with all applicable federal, state, and local law in the performance of its duties under this Agreement. 14. No Assignment or Subcontracting. Due to the unique qualifications and circumstances of the parties, Contractor shall not assign or subcontract the rights or the responsibilities provided for under this Agreement shall be assignable by either party, either in whole or in part. 15. Time. Time is of the essence of this Agreement. 16. 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: JMH Cleaning PO Box 2985 Salina, KS 67402-2985 17. Persons Bound-Copies. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, and successors of the parties hereto, and may be 5 executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 18. Typewritten 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 All .1 11 By: son Gage, City Ma ager By: 6 v Exhibit A Sec. 13-132. Affirmative action by contractors required. (a) Any contractor entering into a contract with the city and such'person's subcontractor shall take affirmative action to insure that employees are treated equally without regard to their race, sex,religion,age,color,national origin, ancestry or disability. Such affirmative action shall include, but not.be limited to, the following: Employment,upgrading, demotion or transfer,recruiting or recruitment, advertising, layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor and subcontractor shall agree to post, in conspicuous places available to employees and applicants for employment, notices to be provided by the director setting forth provisions of this article. The contractor and such person's subcontractors shall provide all affirmative action information and necessary documents to implement the compliance with the requirements of all federal,state and local laws and ordinances. (b) It shall be no excuse that the employer has a collective bargaining agreement with any union providing for exclusive referral or approval systems. The failure of the contractor or subcontractors to comply with the requirements of this article shall be-grounds for cancellation, termination, or suspension of the contract, in whole or in part, by the board of commissioners with the contractor or subcontractors until satisfactory proof with intent to comply will be submitted to and accepted by the board of commissioners. (Ord.No.92-9493, § 1,2-3--92) Sec. 13-133. Affirmative action plans. Every contractor and subcontractor prior to entering into a contract with the city shall submit to the director of human relations an acceptable written affirmative action plan which shall: (1) Identify areas of employment, employment policies, and employment practices which require action by the contractor or subcontractor to assure equal employment opportunity; (2) Analyze these areas, policies and practices to determine what actions by said contractor or subcontractor will be most effective; (3) Establish a plan with goals and timetables designed to achieve equal employment opportunity; and (4) Include provisions for implementation, monitoring, and periodic evaluation in order to insure that it continues to be a valid plan. (Ord.No. 92-9493, § 1,2-3-92) Sec. 13-134. Exemptions. The provisions of this article shall not apply to: (1) Contractors or suppliers who would not be considered as an"employer" as defined in section 13-2; (2) Contracts and subcontracts not exceeding twenty thousand dollars($20,000.00);and (3) Call type or purchase order agreements which do not exceed twenty thousand dollars($20,000.00)in total per calendar year; provided, vendors, contractors and suppliers who will supply or expect to supply the city with goods or services exceeding twenty thousand dollars ($20,000.00) during the subsequent calendar year not be exempt from the requirements of this article; provided,the above exemptions shall not conflict with applicable state or federal laws. (Ord.No.92-9493,§ 1,2-3-92) E18f0412011 1�.FJ4 7858772814 �1h1EP.ICAt'a Fr~PtIL'>' ItJ_; PATE 4-12/02 CERTIFICATE OF LIABILITY INSURANCE American f=amily insurance Company ❑ American Family Mutual insurance Company If seleetlon box is not checked. 6000 American Pky Madison,Wisconsin 53753-0001 Insured's Name and Address Agent's Name,Address'and Phone Number(Agt./Dist.) Jarny Hurren Curt P Wehh-neier (785)877-5802 Pb Box 2985 PO Box 130 Salina,K$ 67402-2985 111 W Washington St Norton, KS 67654-1957 (270/660) This certificate Is Issued as a matter of Information only and confers no rights upon the Certlflcate Holder. This certificate does not amend,extend or alter the coverage afforded by the policies listed below. .....-.... .... ::::::�•v,{ n::::,.,.•. r.:.- r,:a.::rawl t �,: ... ,hhn::<::,:,, .,,f1:6. _..+:,ae:::::::,:,,tll iEii;�laL}l.1:.:::: _„ru :�....d. 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A.9LLQ TYPE OF INSURANCE POLICY NUMBER F C�VY h o IFIAATIUN LIMITS OF LIABILITY Sodlty Injury and Property Damage Homeowners/ Mobllehomeowners Liability Each Qerttrmnca $ OGo Bodily Injuy and Property Damage Soatowners Liability $ 000 Each S�ccUrrenca r Bodily Injury pnd Property Damage Personal Umbrella Liability each Occurrence $ '000 Farm blab,ty S PelEunal Liability g Farm/Ranch 00 nch LlabillIy Each r?ccarrencc , Fenn Employer's Liability Each(Yourrcnce $ 000 Statutory xxxxxxxxtRxrt Workers compensation and ,000 Employers Liability t Each Accident $ - Dis¢a;e-Far..h Employee $ .000 Diaeaee-Policy Limit $� ,000 General Aggregate $ 2,000 coo General Liability $ L.000,QOn t� Commercial General Products-completed Operations Ag4repat¢ Llabifity(occurrence) Peraonsl Sntl Advertialn In u $ 1,000 ❑ 15-X66049-01 00 7/24/2011 7/24!2012 $ 1.000,coo Each OCCUrrenGe _ Damzoe to Premisea Rented to You $ 100 000 Medical Expense(Any Ono Person) $ 5 o0o Each Occvrrsncet t $ ,000 Buslnessowners Liability Agyrcgatstt $ ,000 Common pause I_Imlt $ 7000 Liquor Liability .000 4 Aggregate Limit $ Automoblle Liability Bodily Injury-Each P¢r.;on $ 000 ❑ Any Auto 13 All Owned Autos Bodily injury-Each Accident $ 000 ❑ Scneduled Autos Property Damage $ ,000 ❑ Hired Auto Q Nonowned Auto{ Bodily Injury and Property Damage Cnmblrted $ 1000 Excess Liability ❑ Commercial Blanket Excess Each Dccunence/Aggrayai¢ $ n00 Other f M Iscellaneous Coverarlosl �. I i0NOF0P A)•ATIONS i VEHICLU$! . RICTIONS SSPEpIAh EM9 tTAS Individual or parfiara shown aslrieured ClWw2❑iisvesbt eledetl to ae caa¢rad p;.emplcy988 Utvkr thl:poncy. ttProdwt8-C-ompleted Uparatirna aggregate le equal M each occunenm limit and Is Included N policy ggrcgatc. I, .,.. I,...... ,p•, ,', ;,1'�f..,....,III-,, ':.i.i..,:::,,,i�,, i y,:.. p:..— .. r:a°f; I e a'.r171•l itg l>i 1"`_'�,. 1 P--. � �, I •�:,:_ti.4.t,::,:.al,s� I ! rl �!j,r, rat .4,.. . : ►► ..,. I,,. ; Should any of the above described pollcles be cancelled before the .CITY OF SALINA LANDFILL expiratlol date thereof,The company will endeavor to mail'( (lays) 4292 S BURMA ROAD written notice to the Certificate Welder named, but failure to mail such notice shall impose no ohligation or liabilittyy of any kind upon the SALINA, KS 6"7401 cornpany, its agents or representatives. "f0 clays unless different nurn ar p clays shown. ❑Thls certifies coverage on the date of issue only. Tne above described policies are subject to cancellation in conformity with their terms and by the laws of the staff of issue. DATE i.SSUED -• A1JTH0FJJeED R -SE�T,kTIVE — 8/4/2011 U-201 Ed-slop Stock No.0CM568 Rev.7/02 Bic) I rfa 08/08/2011 11.36 785-877-2814 Stan McEvoy Page 213 PAGE 1 OF 2 FOR LIENHOLDER USE 2008-2246.01 FAMILY CAR POLICY NON-ASSESSABLE POLICY ISSUED BY AMERICAN FAMILY MUTUAL INSURANCE COMPANY A MEMBER OF THE AMERICAN FAMILY INSURANCE GROUP MADISON,WI PLEASE READ YOUR POLICY POLICY NUMBER 2008-2246-01-59-17PPA-KS POLICYHOLDERINAMED INSURED HURREN,JAW&IVIICHELLE PO BOX _2985 EFFECTIVE SALINA,KS 67402-2985 FROM 08-08-2011 TO 09-16-2011 ACCT 016-536-551-13 1999 CHEV KIS VIN 3GNFK16R6XG1i18930 VEHICLE SYMBOL 22 CLASS CITY 2 TERRITORY 6 COVERAGES AND LIMITS PROVIDED BODILY INJURY LIABILITY $500,001 1 EACH PERSON $500,000 EACH OCCURRENCE PROPERTY DAIVIAGE LIABILITY$500,000 EACH OCCURRENCE COIvIPREHENSINVE$500 DEDUCTIBLE COLLISION$1,000 DEDUCTIBLE EMERGENCY ROAD SERVICE UNINSURED MOTORISTS-BODILY INJURY ONLY $500,000 EACH PERSON $500,000 EACH ACCIDENT UNDERINSURED MOTORISTS COVERAGE-BODILY INJURY ONLY $Si 10 i 1�1i 1 EACH PERSON $500,000 EACH ACCIDENT ADDITIONAL ENDORSEI\>IENTS THAT.APPLY TO YOUR POLICY: ACTUAL CASH VALUE DEFINITION ENDORSEI\-ANT DELUXE PERSONAL INJURY PROTECTION ACCIDENTAL DEATH&SPECIFIC DIS)NIENIBERIVIENT BENEFITS COV $20,001 I EACH PERSON 1\4ULTIPLE VEHICLE AND AIR BAG DISCOUNTS HAVE BEEN APPLIED Declarations effective on the date shown above. These declarations form a part of this policy and replace all other declarations which may have been issued previously for this policy. If this declarations is accompanied by a new policy,the policy replaces any which may have been issued before with the same policy number. AUTHORIZED REPRESENTATIVE President AGENT 271-6611 PHONE (785)877-5502 CURT P W.AHLl\4EIER USER ID SAN(4)5 PO BOY 1"30 TYPE DE I1 I NV WASHINGTON ST ENTRY DATE 118-08-2011 NORTON,KS 67654-1957 INCEPTION DATE 03-16-2010 Form No.U1A1(b) Stock No.05095 C1 • 08/08/2011 11:36 785-877-2814 Stan McEvoy Page 3/3 f f, PAGE 2 OF 2 2008-2246-01 AGREEMENT We agree with you, in return for your premium payment,to insure you subject to all terms of this policy. 11.17c will insure you for coverages and the limits of liability as shown in the declarations of this policy. DEFINITIONS 1. NITe.,us and our mean the company providing this insurance. 2. You and your mean the policyholder named in the declarations and spouse, if living in the same household. LOSS PAYABLE CLAUSE Loss or damage shall be paid to you and the lienholder shown in'the declarations. The insurance covering the interest of the lienholder shall apply unless invalidated by the lienholder's fraudulent acts or omissions. NVe have the right,however,to cancel this policy as shown in the General Provisions. Cancelation shall tenninate this agreement with respect to the lienholder's interest. ItVhen we cancel,we will give the lienholder at least 10 dams(30 days in Illinois)notice. When we pay the lienholder we are entitled.to the extent of the payment.to the lienholder's rights of recovery.