HomeMy WebLinkAboutKim Enterprises AG-S-001
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CITY OF AUBURN
AGREEMENT FOR SERVICES
AG-S-OOl
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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
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July 8, 2003
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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.
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July 8, 2003
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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.
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July 8, 2003
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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
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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
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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.
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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
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Attest:
~*~ Name:
Title:
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July 8, 2003
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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'>
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July 8, 2003
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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
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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.
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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)
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Amendment No.1, Services Agreement No. AG.S.OO1
Kim Enterprises
Page 1 of 1
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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)
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Amendment No.2 to Service Agreement No. AG-S-001
Kim Enterprises
Page 1 of 1
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