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Home My WebLink AboutItem 06.iM 0 11 , 54 January 23, 2014 ' �� v PORTABLE RESTROOM SERVICE CONTRACT WITH RENT -N -SAVE PORTABLE SERVICES Proposed Action Item No. Staff recommends adoption of the following motion: Move to apDrove contract with Rent -N- Save Portable Services to provide and service portable restrooms. Overview In January of 2012, City staff requested quotes for providing and servicing portable restrooms at park locations for two years (April 1, 2012 - March 31, 2014) along with the option to extend the contract additional years under the same conditions. Four licensed vendors were provided with a quote package at that time. Three submitted quotes based on a cost per month basis with once per week cleaning and providing hand sanitizers. Rent -N -Save Portable Services provided the lowest quote at $46.50 /month /unit. The Mayor and City Council proceeded to execute a contract with Rent -N -Save Portable Services at that time. At this time, staff is recommending to extend the contract with Rent -N -Save Portable Services to provide and service portable restrooms from April 1, 2014 - March 31, 2016 under the initial conditions of the existing contract. Primary Issues to Consider a Is Rent -N -Save Portable Services a reputable company? Rent -N -Save has provided quality portable restroom service for the City of Lakeville over the past 10 years. Supporting Information • Agreement between the City of Lakeville and Rent -N -Save Portable Services • Rent -N -Save Portable Services quote dated January S, 2012 �6 Hennen ark Maintenance & Operations Mgr Financial Impact: $ 17,500.00/YR Budgeted: Y/N Y Related Documents (CIP, ERP, etc.): Notes: Source: Park Maint. General Fund CONTR TO PROVIDE A N, Y i _1 i p' PORTABLE RESTROOMS i AGREEMENT made this 3` day of February, 2014, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City "), and RENT -N -SAVE PORTABLE SERVICES, a corporation organized and existing under the laws of the State of Minnesota ( "Contractor "). IN CONS0ERATION OF THE MUTUAL UNDERTAKINGS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide and service portable restrooms in accordance with this Contract and Quote dated January 5, 2012 attached as Exhibit A. 2. OBLIGATIONS OF THE CITY. The City shall pay the Contractor in accordance with the Quote. 3. ASSIGNMENT. Neither party may assign, sublet or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. 4. TIME OF PERFORMANCE. The Contractor shall complete its obligations from April 1, 2014 thru March 31, 2016. The City reserves the right to extend the Contract for additional years under the initial conditions of the two -year Contract. 5. PAYMENT. The City will pay the Contractor within forty -five (45) days of receiving an invoice for work performed. 6. PROMPT PAYMENT TO SUBCONTRACTORS. Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one -half percent (1' /z %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $ 10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 1 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. S. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured. The Contractor shall furnish the City a Certificate of Insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate, products and completed operations. Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the Contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Personal Injury, with Employment Exclusion deleted: $2,000,000 aggregate Comprehensive Automobile Liability (owned, non - owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident Property Damage: $2,000,000 each occurrence 9. DATA PRACTICESIRECORDS. A. All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or. any state rules adopted to implement the act, as well as federal regulations on data privacy. B. All books, records, documents and accounting procedures and practices of the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. WAIVER. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. 12. GOVERNING LAW. The laws of the State of Minnesota govern the interpretation of this Contract. 13. SEVERABILITY. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 14. ENTIRE AGREEMENT. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. RENT -N -SAVE PORTABLE SERVICES F (An authorized signature) CITY OF LAKEVILLE M Matt Little, Mayor BY: Charlene Friedges, City Clerk 3 H R Servi �N O �POleril- 1 too 10rdoe ar too smolt - We hPn& them PZZ City of Lakeville Attn: Mark Kruse, Parks Supervisor 20195 Holyoke Avenue Lakeville, Pv1N 55044 1/5/2012 Re: Pricing for two year contract starting 4/1112 — 3131114 on portable rest rooms . Mark, Thanks for the opportunity to give you a bid on the portable rest rooms in your city. We hope that we are able to work with you again for 2 more years 1. Regular portable rest rooms with 1x a week service $46.50 per unit per month (Monthly rate is prorated after first month charge on both regular and ADA units) 2. 2x a week service for regular units $12.50 per unit 3. ADA Handicap portable rest rooms with lx a week service $95.00 per unit per month 4. 2x a week service for ADA units $12.50 per unit 5. All units are equipped with hand sanitizers No additional charge 6. Delivery and pick up charges of all units N/C 7. Servicing of runts each week includes: Pumping of unit, restocking tank with chemicals, restocking toilet paper, power washing /wiping down unit, urinal cake replaced in urinal, sign service sticker 9, We stake and or chain all units as soon as the ground is thawed @ N/C 9. Damage Wavier per unit per month (regular units) Included in cost Damage Wavier per unit per month (ADA units) Included in cost 10. Cost to replace a burned unit Total loss $500.00 (This is not applicable as the damage wavier is included) Repairs can be done to units at our cost 11. Special cleaning of units (1 or 2 units only — flat fee) $25.00 per service Special cleaning of units (3 or more) $12.50 per unit 12. Special event pricing for regular units Same pricing as above 13. Graffiti removal N/C Repairs will be done to units at our cost. (We will replace with another unit and do repairs at our site) Austin Faribault Mankato Northfield Owatonna Twin Cities Waseca 507- 433 -9172 507- 334 -8440 800- 657 - 4886 547 - 645 -4958 507 - 455 -0000 651 -452- 7804 507 -835 -5055 866- 335 -4033 800 -657 -4886 866 - 443 -0044 866 -966 -0066 866 -446 -4044 504 Wilson Ave. Faribault, N4N 55021 Exhibit A Rent `1V' Save i No Ptherh4 is too torge or too ST'wU — W(9 hpDcRe them au 14. All servicing can be done on the days requested by the City of Lakeville 15. Delivery and pick up of units can be done within 24 hours as we are through and or in Lakeville several days a week. (Delivery and pickups are at No Charuel We have also enclosed a copy of our MPCA registration that you have requested. Ill Again thanks for the opportunity to continue to do business with your city. We look forward to hearing from you. Please call or e -mail with any questions or concerns that you might have. I will be out of town from 1/7 — 1112/2012 but be checking e-mail and have my cell phone 507 - 210 -1721. Sincerely, Leah Budde Rent N' Save Portable Services Austin Faribault Mankato Northfield Owatonna Twin Cities Waseca 507- 433 -9172 507-334-8440 800- 657 -4886 507 -645 -4958 507- 455 -0000 651 -452 -7804 507- 835 -5055 866- 335 -0033 800- 657 -4886 866- 443 -0044 866 -966 -0066 866 -446 -0044 504 Wilson Ave. Faribaull N N 55021