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AGREEMENT FOR JANITORIAL SERVICES
THIS AGREEMENT is made and entered into this Decemberl st, 2006, by and between the County of
Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as County,
and Porter Industries, Inc., whose address is 5202 Granite Street, Loveland, CO 80538, hereinafter referred to as
Porter Industries, Inc.
WITNESSETH:
WHEREAS, County owns offices at the following locations:
1. South East Weld County
1950 9th Street
Fort Lupton, Colorado
said office being referred to herein collectively as County Office, and
WHEREAS, County is in need of the provision of janitorial services for County Office on a daily (business
day)basis, and
WHEREAS, Porter Industries, Inc. is in the business of providing janitorial services and has the manpower
to perform such services on a daily basis in County Offices, and
WHEREAS, the parties hereto now desire to enter into this Agreement for the purpose of securing the
provision of janitorial services for County Offices according to the terms and conditions set forth herein.
NOW, THEREFORE, inconsideration of the terms and covenants stated herein, the parties hereto agree as
follows:
1. TERM: This Agreement shall be for a term of one (1) year from December 1st, 2006, and shall be
renewed automatically for additional one(1) year terms thereafter, unless sooner termination is
either party according to the procedures set forth in Section 2, below.
2. TERMINATION:
a. Without Cause: This Agreement may be terminated by either party, without cause, by
providing to the other party at the above-listed address written notice of its intent to
terminate, at least thirty (30) days prior to the intended date of termination.
b. With Cause: County may terminated this Agreement if, upon notifying the Porter Industries,
Inc. Contact Person listed in Section 14, below, of deficiencies in service, Porter Industries,
Inc. has not corrected deficiencies within three(3) working days. Such notification of
deficiencies in service and of consequent termination may be either oral or written. Porter
Industries, Inc. may terminate this Agreement if, upon notifying the County Contact Person
listed in Section 13, below, County refuses to pay any invoices delivered to County by Porter
Industries, Inc.
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3. JANITORIAL SERVICES TO BE PERFORMED BY PORTER INDUSTRIES,INC: Porter
Industries, Inc. agrees to perform janitorial services in County Offices five (5) days per week. Mond:
through Friday, excluding the holidays listed Section 4, below, between the hours of 6:00 p.m. and
2:30 a.m. The term janitorial services shall mean the daily cleaning necessary to keep the County
Offices in a clean and tidy condition, including, but not be limited to vacuuming, sweeping, dusting,
wiping, and trash pickup of offices, hallways, restrooms and common areas. The term shall also
include the shampooing of carpets when necessary, and the restocking of paper and soap products in
restrooms.
4. HOLIDAYS WHEN NO JANITORIAL SERVICES ARE PERFORMED:
Porter Industries, Inc. shall not be required to perform janitorial services on the following six (6)
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christrr
Day. The parties may arrange for janitorial service by Porter Industries on the above listed holidays I
an additional charge.
5. LABOR, EQUIPMENT AND SUPPLIES: :Labor and equipment necessary to
perform the janitorial services listed in Section 3, above, shall be provided by Porter Industries at its
sole expense. All cleaning chemicals, floor finishes, trash liners, silica sand and restroom products,
such as paper towels, toilet tissue, hand/shower soap, sanitary napkins/tampons, urinal screens,
deodorant block and air fresheners, shall be provided by County. All other supplies necessary to
perform the janitorial services shall be provided by Porter Industries. County shall provide in each of
the County Offices secure storage for the janitorial equipment and supplies, solely accessible by Port,
Industries personnel and County authorized personnel.
6. INDEPENDENT CONTRACTOR/STATUS OF PORTER IND.
Porter Industries shall perform its duties hereunder as an independent contractor and not as an
employee of County. Neither the Porter Industries, nor any agent or employee of Porter Industries,
shall be shall be deemed to be, an agent or employee of County. Porter Industries shall pay, when due
all wages, social security, required employment taxes and income taxes. Porter Industries
acknowledges that its employees are not entitled to unemployment insurance benefits unless Porter
Industries or a third-party provides such coverage and that County does not pay for or otherwise
provide such coverage for Porter Industries employees. Porter Industries shall have no authorization,
express or implied, to bind County to any agreement, liability, or understanding. Porter Industries sh
be solely responsible for the acts of Porter Industries, it employees and agents. County agrees to
refrain from actively soliciting applications for County janitorial staff positions from Porter Industrie
employees.
7. COMPENSATION: County shall pay to Porter Industries the following compensation for the
janitorial services performed:
a. Janitorial services for County Office, daily for five (5) days per week, shall be invoiced at th
fixed rate of$1,885 per month.
Services will begin on December 1St, 2006
South East Weld County Building
1950 9th Street
Fort Lupton, Colorado
b. Carpet maintenance program-monthly high traffic areas- Quarterly wall to wall
cleaning-$291
c. Janitorial services requested by County Contact Person on days other than five (5) per week o
on the above-listed holidays shall be invoiced to County at the rate of$16.50 per hour regular
time, $19.50 per hour overtime.
d. All invoices delivered to County by Porter Industries shall be paid in full within twenty (20)
days after receipt thereof
8. INSURANCE: Porter Industries shall, during the term of this Agreement, carry statutory workers
compensation insurance for all of its employees, and property damage insurance and public liability
insurance in an amount of no less than $3,000,000 combined single limit. County shall be named as
additional named insured on Porter Industries certificate of insurance, which shall be provided to
County within thirty (30) days of signature hereunder. Upon request, Porter Industries, shall carry a
sufficient surety bond in a reasonable amount set by County.
9. ENTIRE AGREEMENT: This writing constitutes the entire Agreement between the parties hereto
with respect to the subject matter herein, and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, persons
representatives, successors and assigns of said parties.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waive
of any immunities the parties or their officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care which did not previously exist with respect to ai
person not a party to this agreement.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that t
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved tot he undersigned parties and nothing in this Agreement shall
give or allow any claim or right of action, whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
12. SEVERABILITY: In the event that any of the terms, covenants or conditions of this Agreement or
their application shall be held invalid as to any person, corporation, or circumstance of any court
having competent jurisdiction, the remainder of this Agreement and the application in effect of its
terms, covenants or conditions to such persons, corporations or circumstances shall not be affected
thereby.
13. CONTACT PERSONS/NOTICE: Contact Persons for the parties hereto, their addresses and telephoi
numbers, are as follows:
a. FOR COUNTY:
b. FOR PORTER INDUSTRIES:
Bertha Guajardo, Lita Weber
5202 Granite Street, Loveland, CO 80538
All informed communications between the parties hereto shall take place between the Contact
Persons. Any formal notice, demand or request provided for in this Agreement shall be writing and
shall be deemed properly served, given or made if delivered in person or sent by registered or certifie
mail, postage prepaid to the parties hereto at the addresses as set forth above, unless another address
specified.
14. GOVERNING LAW: The validity, interpretation, and construction of this Agreement shall be
governed by and construed in accordance with the laws of the State of Colorado and the United State
of America. The exclusive jurisdiction and venue for any lawsuit between the parties arising out of
this Agreement shall be Weld County, Colorado, and/or the Federal District Court for the District of
Colorado.
15. ORIGINAL COUNTERPARTS: This Agreement may be executed in counterparts, each of which wil
be an original, but all of which together shall constitute one and the same instrument.
16. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year fir
above written.
COUNTY:
ATTEST: Y'OF WELD, a subdivision of the
Weld County Clerk to the Board CO
kiemik
BY: fla
��rt' - i •Yf L/ii. Deputy Clerk to the
Board Chairm
Board of County Commissioners N
DEC 0 6 2006 ounty of Weld
AT ES PO E INDUST ES, I
BY: BY: e_.� d`
Corp Secretary 'St e Hendrickson President/CEO
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