Landfill Janitorial Services •r
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AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS .
And
Southwest Janitorial Service
regarding
LANDFILL JANITORIAL SERVICES
This Agreement is entered into this _I_ day of August, 2012 by, and between
the City of Salina, Kansas (the "City') and Southwest Janitorial Service of Garden City
Kansas ("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
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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" $ 210.00 per month for completion of
janitorial services as listed.
3. Term. This Agreement shall commence August 16, 2012, and shall
terminate August 15, 2013, 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 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
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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-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
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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.
(a) In conformity with the Kansas act against discrimination and Chapter 13
of the Salina Code, the Contractor and its subcontractors, if any, agree
that:
(1) The Contractor shall observe the provisions of the Kansas act
against discrimination and shall not discriminate against any person
in the performance of work under this Contract because of race,
sex, religion, age, color, national origin, ancestry or disability;
(2) The Contractor shall observe the provisions of Chapter 13 of the
Salina Code and shall not discriminate against any person in the
performance of work under this Contract because of race, sex,
sexual orientation, gender identity, religion, age, color, national
origin, ancestry or disability;
(3) The Contractor shall include in all solicitations, or advertisements
for employees, the phrase "equal opportunity employer," or a
similar phrase to be approved by the city's human relations director;
(4) If the Contractor fails to comply with the manner in which the
Contractor reports to the Kansas human rights commission in
accordance with the provisions of K.S.A. 44-1031 and amendments
thereto, the Contactor shall be deemed to have breached this
Contract and it may be canceled, terminated or suspended, in .
whole or in part, by the City;
(5) If the Contractor is found guilty of a violation of Chapter 13 of the
Salina Code or the Kansas act against discrimination under a
decision or order of the Salina human relations commission or the
Kansas human rights commission which has become final, the
Contactor shall be deemed to have breached this Contract and it
may be canceled, terminated or suspended, in whole or in part, by
the City;
(6) The Contractor shall not discriminate against any employee or
applicant for employment in the performance of this Contract
because of race, sex, sexual orientation, gender identity, religion,
age, color, national origin, ancestry or disability; and
(7) The Contractor shall include similar provisions in any subcontract
under this Contract.
(b) The provisions of this section shall not apply to this Contract if the
Contractor:
(1) Employs fewer than four employees during the term of this
Contract; or
(2) Contracts with the City for cumulatively $5,000 or less during the
City's calendar fiscal year.
11. Compliance with Applicable Law. Contractor shall comply with all
applicable federal, state, and local law in the performance of its duties under this
Agreement.
12. 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.
13. Time. Time is of the essence of this Agreement.
14. 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: Southwest Janitorial Service
2602 E. Fair#20
Garden City, KS 67846
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
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
By:
J son Gage, City Manager
SOUTHWEST JANITORIAL SERIVCE
By
Adolfo Qu zada, Vice President
RUC-17-2012, i4:3@ Fram:STATE-FRRM-It q F2RNCE-EZO?752430 Ta:1785826665S ?a se"V2
Lam° CERTIFICATE OF LtABILtTY (11tSURANCE DATE(MWDD YYYY)
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PRODUCER - THIM CERTIFICATE IS ISSUED AS MATTER OF INFORMATION,
Robert R. cnlvI% Ic uxanl-e Agcy Inc_ ONLX AMID CONFERS NO RIGHTS UPON THE CERTIFICATE
1106 gelmcnt Fl_ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Carden City, Hs_ 61846 ALTER THE COVERAGE AFFORDED BY THE POLICIES'BELOW.
pht (620-275-0196) Pas: (620-275-2430)
Ar I INSURER$AFFORDING COVERAGE I NiVC 9
INSURED INSURER A:
Marisol Fferrandez
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2606 E Fair St,. Apt-. 20 WSURERC:
Garden City,Kt3 67846 INSURER D
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COVERAGES
THE POLICIES OF INSURANCE LISTED BILLOW HAVE BEEN ISBUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER1717CATIF MAY'8E ISSUED OR
MAY PERTAIN.THE INSURANCE"AFFOROEO BY THE POLICIES OESCRIBEO HEREIN IS$IjpjFrT TD ALL THE TERMS,EXCLUSIONSAND CONDITIONSOF SUCH
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLATION
Ron Rouse SHOULD ANY OF THE ABOVE 05SCIB60 POLICIES BE CANCELLED 9EPDRE TTRE E%NRADON
City of Salina DATE THEREOF,THE 19SUING 019URFR WILL ENDEAVOR TO MAIL 30 DAYS V/RITMEN
p O Box 736 -NOnCE TO THE CER`hnCATH HOLDER NAMED TOTRE LEFT,6UTFAILURETO 006GSHALL
04kli.Aa Ks 67402 IMPOSE NO OBLIGATKIROR L EWILMTTOFANYKMUT RUM riff BURRR,-fM4GENM$OR'
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CERTIRCATE OF L(AB(L(TY (NSURANCE` DATE PPT ml YYY,.
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THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO-RIGHTS-UPON-THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES.NOT AFFIRMATIVELY. OR NEGATIVELY AMEND, E)LTEND-OR.ALTER..THE.COVERAGE.AFFORDED-BY THE.POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions-ofthe policy,.certain policies may require an endorsement. A-statement an this'certificatedoesnorconferrightstothe-
certificate holder In Rau of such andarssmerll s
PRODUCER 620276-7671 20MEkCT Shawn Gallardo
Keller-Leopold Insurance,Inc. 1 FAX
7S726 P.O.Box 51T 620-27072 N .520 275-7 Ne:620-2 -.
302 N.Flemingg,,Suite 1 EMAIL.
Garden City,KS 67846 O
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Krista Burkhart,CISRIAFIS CV9TDMERID r.SHUT 1$,
INSURE JFFORDetG'COVERAGE NAIC#-
INSURED Southwest Janitorial INSURER A-;Wurribia Insurance Group _ 40371.
2606 E Fair 920 INSURma,:CNAIWestern:Surety Company
Garden City, KS 67846
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INSURER F:
COVERAGES CERTIFICATE NUMBER:. REVISIONNUMBER:.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI14 RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED'OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES-DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS.
wiff TYPE OF INSURANCE. POLICY..NUMBER. t M L UMR8
GENERALLIA&LITY EACHOCCURRENCE F- 1>000>OD
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ALL OWNED AUTOS I 30MLY'INJURY IPer wadant) 4
SCHEDULED AUTOS F GPFPTY DAMAGE
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ANY PROPRIETORRAR.TNERF)(ECUPVE ❑ WA EL EACH ACCIDENT S
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DESCRIPTION OF OPERATIONS I LOCATIONS I VENCLES (Aeach ACORD Rol,Addlaond Remedu Schedule,it mom space is rewired!)
Limits shoTm are those in effect at date of i:Teeption_
CERTIFICATE HOLDER CANCELLATION
CITS001
SHOULD ANY OF THBASOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI THE EXPIRATION DATE THEREOF, NOTICE, WILL BE. DELIVERED IN
City Of Salina ACCORDANCE W ITH THE POLICY PROVISIONS.
Attn: Ron Rouse
P.Q. Box 736 AUTHJRIZEDREPREMMATNE
Salina,.KS.67402.
®1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD
Geist, Jarolyn
From: Schuessler, Nancy
Sent: Thursday, August 23, 2012 4:54 PM
To: Geist, Jarolyn
Subject: RE: COI -Janitorial Vehicles
Jarolyn,
Yes, I am accepting the original certificate. Adolfo does not have any commercial autos nor does he use
his personal auto for this work.
Nancy Schuessler
Risk Management Specialist
City of Salina
300 W. Ash, Room 202
P.O. Box 736
Salina, KS 67402-0736
Phone: 785.309.5705
Fax: 785.309.5711
TDD: 785.309.5747
E-mail: nancy.schuesslert salina.org
Website: www.salina-ks.gov
"The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.
Any review,retransmission,dissemination or other use of,or taking of any action in reliance upon,this information by persons or entities other than the
intended recipient is prohibited. If you received this in error,please contact the sender and delete the material from all computers."
From: Geist,Jarolyn
Sent: Thursday,August 23, 2012 4:49 PM
To: Schuessler, Nancy
Subject: FW: COI-Janitorial Vehicles
Nancy,
I am a little confused. Are you accepting the original Certificate of Insurance, or will they be sending a new one with their
Automobile Liability coverage?
Thanks.
C57
Jarolyn Geist
Administrative Assistant II
City of Salina / Public Works Department
P.O. Box 736 / 300 W. Ash Street
Salina, KS 67402-0736
P: 785-309-5725 / F: 785-309-5713
jarolyn.geist(a*bsalina.org./www.salina-ks.gov
"Our Mission is to Build and Maintain a Clean, Safe-Community"
1
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From: Boll, Cathy
Sent: Thursday, August 23, 2012 4:44 PM
To: Geist, Jarolyn
Cc: Rouse, Ron
Subject: FW: COI -Janitorial Vehicles
Jarolyn, FYI/Cathy
From: Schuessler, Nancy
Sent: Thursday, August 23, 2012 4:43 PM
To: Boll, Cathy
Subject: RE: COI - Janitorial Vehicles
Cathy,
I spoke with Adolfo Quezodo this afternoon and he is good to go as for as insurance. Thanks!
Nancy Schuessler
Risk Management Specialist
City of Salina
300 W. Ash, Room 202
P.O. Box 736
Salina, KS 67402-0736
Phone: 785.309.5705
Fax: 785.309.5711
TDD: 785.309.5747 ,
E-mail: nancy.schuessler(a)salina.org
Website: www.salina-ks.aov
"The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.
Any review,retransmission,dissemination or other use of,or taking of any action in reliance upon,this information by persons or entities other than the
intended recipient is prohibited. If you received this in error,please contact the sender and delete the material from all computers:"
From: Boll,Cathy
Sent: Wednesday,August 22, 2012 3:27 PM
To: Schrage, Mike; Schuessler, Nancy
Subject: RE: C01-Janitorial Vehicles
Yes,this was intended for Nancy. Regards, Cathy
From: Schrage, Mike
Sent: Wednesday, August 22, 2012 2:51 PM
To: Schuessler, Nancy
Cc: Boll, Cathy
Subject: FW: COI -Janitorial Vehicles
Nancy:
I think our names starting with Sch caused me to get the attached email intended for you.
Mike Schrage, ICMA-CM
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Deputy City Manager
City of Salina, Kansas
300 West Ash, Room 202
P.O. Box 736
Salina, KS 67402-0736
Phone: 785-309-5700
Fax: 785-309-5711
TDD: 785-309-5747
Website: www.salina-ks.gov
From: Boll,Cathy
Sent: Wednesday,August 22,2012 1:35 PM
To: 5chrage, Mike
Cc: Rouse, Ron; Geist,Jarolyn
Subject: FW: COI-Janitorial Vehicles
Southwest Janitorial Service
Adolfo Quezada, VP
From: Boll, Cathy
Sent: Tuesday, August 21, 2012 1:22 PM
To: Schuessler, Nancy
Cc: Rouse, Ron; Geist, Jarolyn
Subject: COI -Janitorial Vehicles
Nancy, Please call the company. He has some questions about the vehicle coverage.Thank you, Cathy.
620-290-9046
3