Loading...
HomeMy WebLinkAboutKim Enterprises AG-S-001 . fJ.--3(b.7 . CITY OF AUBURN AGREEMENT FOR SERVICES AG-S-OOl ~ ~ THIS AGREEMENT made and entered into on this;)fl:---- day of , 2003, by and between the City of Auburn, a municipal corporation of the te of1washington, hereinafter referred to as "City" and Kim Enterprises. 4913 47th Avenue South. Seattle. W A 98118, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its project of Commercial Space Maintenance, and is in need of services of individuals, employees or firms for janitorial work on said project; and, WHEREAS, the City desires to retain the Provider to provide certaiI1l services in connection with the City's work on said project; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," andl collectively referred to as the "services.") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employm(~nt or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Provider of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respe:ctive parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally exe<:uted. The performance of services pursuant to an addendum shall be subject to th,e terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other AG-S-OO 1 July 8, 2003 Page I of8 - ------.----....-------.----- - --------.-....-.-----...---...... ~ I -.,.---.----- i respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services otht~r than those described on Exhibit "A" are desired by the City and the time period for the completion of such servIces makes the execution of addendum impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of c:ompensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Provider's Representations. The Provider hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to lPerform such services. 5. City's Resoonsibilities. The City shall do the following in a timely manner so as not to delay the se:rvices of the Provider: a. Designate in writing a person to act as the City's representative with respect to the servIces. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. d. Provide paper supplies, soap, and dumpster. e. Maintain a log to report maintenance problems as noted. f. Examine and evaluate all studies, reports, memoranda, plans, sketchl~s, and other documents prepared by the Provider and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Prevailing Wages The Provider shall comply with every provision of Revised Code of Washington Chapter 39.12. A copy of a Statement of Intent to Pay Prevailing Wages, approved by the Industrial Statistician of the Department of Labor & Industries, must be submitted to the City prior to any payment for services rendered. An Affidavit of Wages Paid must be received by the City prior to issuance of final payment. AG-S-OO 1 July 8, 2003 Page 2 of8 ----_.._-_._--_....__._-~,_. n I T- Should the term of this agreement go beyond one year, the wages that the Provider shall pay its employees must be altered annually to recognize and follow the most recently promulgated increases in prevailing wages each year after the first year of the contract period. 8. Compensation. As compensation for the Provider's performance of the services provided fc)r herein, the City shall pay the Provider the fees and costs specified on Exhibit "B" attached hereto and made a part hereof (or as specified in an addendum). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the s<:ope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall n:mit payment to the Provider thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. The Agreement number must appear on all invoices submitted. 9. Time for Performance and Term of Agreement. KIM ENTERPRISES shall not begin any work under this Agreement until authorized in writing by the CITY. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall terminate upon 30 days written notice by either party to the agreement, unless otherwise agreed to in writing by the parties. 10. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise: prepared by the Provider as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 11. Records Insoection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records ~md books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 12. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. AG-S-OOl July 8, 2003 Page 3 of8 .- 13. Administration of Agreement. ~ C1.v( This Agreement shall be administered by .' 1 ~ , on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Provider Auburn City Hall Kim Ente~rises 25 West Main 4913 - 47 Avenue South Auburn, W A 98001-4998 Seattle, W A 98118 (253) 931-3000 FAX (253) 931-3053 (206) 723-0423 14. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 15. Insurance. The Provider shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Provider shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Provider shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Provider against loss. or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Provider of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. 16. Indemnification. The Provider shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Provider, its officers, agents, employees, or any of them AG-S-OO 1 July 8, 2003 Page 4 of8 -- -_. _... ...-.--..-. -.-~--__rr__-~.- relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Provider and their respective officers, agents and c;:mployees, or any of them, the Provider shall satisfy the same to the extent that such judgment was due to the Provider's negligent acts or omissions. 17. Assignment. Neither party to this Agreement shall assign any right or obligation hereund(:r in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 18. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 19. Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 20. Termination and Susoension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B" hereof. 21. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective suc~cessors and AG-S-OO 1 July 8, 2003 Page 5 of8 "-' assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and ltheir sureties. 22. Costs to Prevailing Partv. In the event of such litigation or other legal action, to enforce any rights, rc;:sponsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 23. Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 24. Captions. Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the. scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be intt:rchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. AG-S-OOl July 8, 2003 Page 6 of8 - 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN KIM ENTERPRISES ~t~ .~ QL Peter B. Lewis, Mayor - Attest: ~*~ Name: Title: -- AG-S-OO 1 July 8, 2003 Page 7 of8 - . STATE OF W ASHlNGTON ) COUNTY OF ~" ) ss. ) ON THIS ll!! day of ~ ' 200 3 ,before me, personally appeared r~ ~ and , to me known to be the Ge.Mt-lo.R dfCL~~r __ of the Service Provider, the corporation t at executed the wlthm and foregomg Instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that t~were authorized to execute said instrument. GIVEN under my hand and official seal this , ( day of ".......t..;r- -,200-3-. l~. --- - . for Ft: State of J.,.nvJO'> l AG-S-OO 1 July 8, 2003 Page 8 of8 - ~-~---~_...,-.._"_.__._.._._-_._..,~,..._----._----_.----..--,--. II EXHIBIT A SCOPE OF WORK AG-S-OOl The following tasks shall be performed for the two restrooms in the hallway and for the hallway located in the City of Auburn's Commercial Space, which is situated in the Sound Transit Station located at 2nd and A Streets SW in Auburn. Daily (Monday through Friday) Sweep and damp mop all floors Spot clean light switches, door trim, doors Empty all waste receptacles and deposit in dumpster Clean and disinfect all toilet bowls and urinals Clean and disinfect all wash basins and attached fixtures Clean all mirrors Fill all toilet paper, toilet seat cover, towel receptacles, and soap dispensers Clean drinking fountain( s) Maintain security at all times Weekly Clean and disinfect partitions between toilets Quarterly Spot wax and polish tiled floors Dust any ledges Semi-Annually Strip and wax all tiled floors Wet mop rubber mats and runners Wash and disinfect trash receptacles Wash and disinfect tiled walls Wash interior sides of windows Wash exterior sides of windows - -. ._-~--_.'----'------'-'---'~-_.'---'----'~ II EXHIBIT B FEES AG-S-OOl Provider will conduct those tasks as established and in accordance with the timeline on Exhibit A of this document for the amount of five hundred ninety-five dollars arId no cents ($595.00) per month. - - --,._-~---- -.--.--..,,-.---.--- II AMENDMENT # 1 TO SERVICE AGREEMENT # AG-S-001 BETWEEN THE CITY OF AUBURN AND KIM ENTERPRISES RELATED TO JANITORIAL WORK AT THE AUBURN TRANSIT STATION dS AMENDMENT is made and entered into this ;)fl.().- day of ~ , , by and between the CITY OF AUBURN, a municipal corporation of the State of ashington (hereinafter referred to as the "CITY"), and KIM ENTERPRISES (hereinafter referred to as the "PROVIDER"), as an A~ndment to the Agreement between the parties for AG-S-001 executed on the 29 day of July, 2003. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Service Agreement shall be January 1, 2005, through December 31, 2005. 2. SCOPE OF WORK: There is no change in the Scope of Work. 3. COMPENSATION: The fee, as set forth in Exhibit B of the Agreement, is hereby amended to reflect the amount of $615.00 per month, and shall become effective beginning with services provided in January 2005. REMAINING TERMS UNCHANGED: All other provisions of the Agreement between the parties for services executed on the 29th day of July, 2003, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and year first above written. KIM ENTERPRISES F AUBURN By.~(ll _ .C~ ~ ~ Autho ized signature ATTEST (Optional): ATTEST: By: ~~~ Its: Danielle E. Daskam. Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) -------------------------------------------------~------.--------------- Amendment No.1, Services Agreement No. AG.S.OO1 Kim Enterprises Page 1 of 1 -- ~,-..- I -~ A~ H;....r AMENDMENT # 2 TO SERVICE AGREEMENT # AG-S-001 BETWEEN THE CITY OF AUBURN AND KIM ENTERPRISES RELATED TO JANITORIAL WORK AT THE AUBURN TRANSIT 8T A TION T~S AMENDMENT is made and entered into this II ~ day at cg;:j..J , ;;;LIJ "', by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"), and KIM ENTERPRISES (hereinafter referred to as the "PROVIDER"), as an A~ndment to the Agreoment between the parties for AG-S-001 wxecuted on the 29 day of July, 2003, and amended by agreement on the 29t day of December, 2004. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Service Agreement shall be January 1, 2006, through December 31,2006. 2. SCOPE OF WORK: There is no change in the Scope of Work. 3. COMPENSATION: There is no change to the amount as authorized in Amendment #1, which is of $615.00 per month. REMAINING TERMS UNCHANGED: All other provisions of the Agreement between the parties for services executed on the 29th day of July, 2003, and amended by Agreement on the 29th day December, 2004, shall remain unchanged, and in full force and effect. ~// IN WITNESS WHEREOF the parties hereto have executed this Amendmetnt as of the day and year first above written. KIM ENTERPRISES By:~Lo~ --- ~ --~ Authorize 'gnature ATTEST (Optional): ATTEST: By: ~ ;D~ tjJl1.h~ Its: Dantelle E. Daskam, Auburn City Clerk Approved as to form (Optional): Attorney for (Other Party) --------------------- Amendment No.2 to Service Agreement No. AG-S-001 Kim Enterprises Page 1 of 1 - ,~.,_._._._._._--_..__._- ..'-- -"- ----------- ._._~.._~.._._._-