City of Eastpointe Contract Parks Maintenance Services EP 2020 - 0002 City Council Monique Owens, Mayor Sarah Lucido, Mayor Pro-Tem Rob Baker Harvey Curley Cardi DeMonaco, Jr. City Manager Elke Doom CONTRACT FOR PARKS MAINTENANCE SERVICES EP 2020 - 0002 This Parks Maintenance Services Contract (“Contract”) is agreed to between the City of Eastpointe, a Michigan Municipal Corporation, 23200 Gratiot Avenue, Eastpointe, Michigan 48021 (the “City”) and J.J. Mich Inc. (“Contractor”), a Michigan company, PO Box 680, Roseville, MI 48066. This Contract is effective on July 8, 2020 (“Effective Date”), and unless terminated early, expires on November 15, 2023. This Contract may be renewed for up to two additional two-year periods on the same terms and conditions. Renewal is at the sole discretion of the City and will automatically extend the Term of this Contract. The extension to be effective shall be in writing, bear the signature of both parties and shall have the approval of the City Council. City will document its exercise of renewal options via Contract Change Notice. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the City agrees to retain, and does hereby retain, the Contractor and Contractor agrees to provide services to the City as follows: AGREEMENT Scope of Services. In compliance with all terms and conditions of this agreement, the Contractor shall provide Parks Maintenance Services to the City as described in the Scope of Services of the Work Plan and budget and incorporated herein by reference (the “services” or “work”), which includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that all services and work shall be performed in a competent, professional and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Work Plan and budget and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. Time of Essence. Time is of essence in the performance of this Agreement. Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in the Work Plan. The extension of any time period must be approved in writing by the DPWS Director. The Contractor is to provide a weekly written report identifying the work completed, the hours spent on each project or task and the location of the work or task performed. The report is to be provided no later than the Friday following the week the work was performed. Changes. In the event any change or changes in the Scope of Services / Work Plan is requested by the City, the parties hereto shall execute a written amendment to this 2 Agreement, setting forth with particularity all terms of such amendment, including, but not limited to any additional fees. An amendment may be entered into for the following reasons: 1. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by enactment or revision of law subsequent to the preparation of any documents, or other work product, or work, 2. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in the Contractor’s profession. 3. All proposed cost over-runs (increases to the contract) must be approved by the City in writing in advance of the work being commenced. Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally or sent by certified mail, return receipt requested, to the addresses set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours after the time of mailing, if mailed as provided for in this Section. To City: City of Eastpointe Attention: Brian Fairbrother, Assistant City Manager 23200 Gratiot Avenue Eastpointe, MI 48021 [email protected] To the Contractor: J.J. Mich Inc. Attention: Joseph DeFelice, President PO Box 680 Roseville, MI 48066 [email protected] Compensation of Contractor. For services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed, in accordance with the schedule of fees set forth in the Work Plan. Method of Payment. In any month in which the Contractor wishes to receive payment, the Contractor shall no later than the first week following the month that services were provided, submit to the city in a form approved by the city, an invoice for services rendered for the prior month. Payments shall be based on the schedule as set forth in the Work Plan for authorized services performed. The City shall pay the Contractor for all proper expenses thereon, which are approved by the city consistent with this Agreement, within Net forty-five (45) days of receipt of the Contractor’s invoice. If for any reason the Contractor fails to complete any work that falls under this proposal and it has to be 3 performed by City personnel or other contractor, the cost will then be deducted from the Contractor’s monthly payment. Appropriations. This agreement is subject to and contingent upon funds being appropriated by the Eastpointe City Council for each fiscal year covered by this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 4 Schedule A Background and History The city of Eastpointe is located near the southeast corner of Macomb County, immediately north of the city of Detroit. It is bound by St. Clair Shores to the east, Roseville to the north and Warren to the west. The city has a population of approximately 32,400 and operates under a council-manager form of government. In 2014, the city dissolved its parks department and contracted this service to a private vendor on a one-year trial basis. In 2015, after a successful one-year trial, the city awarded a three-year contract, with the possibility of a two-year extension to the same vendor. In 2018, the city invoked a two-year extension, extending the contract through June 30, 2020. The selected contractor will provide the traditional maintenance functions that were previously provided by city employees of both the parks department and the department of public works. It is expected that the successful proposer will provide the overwhelming majority of the work included in this proposal with its own employees. The use of sub- contractors will be minimal and will only be allowed upon prior written approval by the city’s designee. The contractor will report principally to DPWS Director Jose Abraham. Scope The following items are intended to represent the typical duties of the contractor selected to be its parks maintenance services provider. This document does not include an exhaustive list of the duties. The Contractor will provide a list of suggested duties/tasks/projects for the upcoming month to the City’s DPWS Director by the 21st of each month. The City of Eastpointe’s DPWS Director will provide a list of duties/tasks/projects assigned to the Contractor on a monthly basis (by the 24th of the preceding month). Contractor will return an estimate of the hours to perform all assigned duties/tasks/projects to the City’s DPWS Director by the 28th of the month. These lists should later be used by the Contractor for invoicing purposes. The City’s DPWS Director may assign other duties/task/projects on a daily or weekly basis depending on the circumstances of the City. The Contractor will be expected to reply within two (2) hours during the standard work day (between 7 a.m. and 5 p.m.) with a quote to show the estimated hours and cost for the additional duties. The work to be conducted at the eight city parks and at the city buildings, are as follows: City Parks: 5 The Contractor Laborers will conduct clean-up and maintenance, as outlined below, around the city-owned parks, including in the garden areas and around the buildings within each park: Memorial Park, Ten Mile and Flower John F. Kennedy Park, Stephens and Schroeder Spindler Park, Stephens and I-94 Roxana Park, Roxana and Stephens Shamrock Park, Lexington and Norton Fairlane Park, behind Koepsell Center on Raven Rein Park, South Park and Henrietta Goetz Park, Lincoln and Birchwood City Buildings: The Contractor Laborers will conduct clean-up and maintenance, as outlined below, around city-owned buildings, specifically: City Hall, 23200 Gratiot; Police Department and 38th District Court, 16083 and 16101 East Nine Mile Road; Fire Department, 16370 East Nine Mile Road, Eastpointe Memorial Library, 15875 Oak Avenue, and Department of Public Works, 17750-17850 East Ten Mile Road. While the following is an extensive list, it is not an exhaustive list of tasks the contractor will be expected to provide. The city parks will “open” on May 1st and “close” on October 31st of each year, unless otherwise notified in writing. Parks Maintenance: Parks maintenance includes cleaning the parks, park buildings, playgrounds and parking lots daily. This means emptying trash cans, collecting and disposing of litter and graffiti removal, as needed. Interior of park building cleaning includes the daily cleaning of restrooms when buildings are open, trash removal, cleaning of all interior areas and set- up/take down of chairs and tables at the Patriot Building, as requested. Park Attendants: (schedule attached) Provide one Park Attendant for each of the three (3) major parks; Spindler, Memorial and Kennedy Parks.