HomeMy WebLinkAbout20041640.tiff May-25-04 10:2OA PORTER INDUSTRIES Inc 9706352566 P.01
AGREEMFNTFORJANITORIAL SERVICES
THIS AGREEMENT is made and entered into this 25th day of May. 2004,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.
WI'FNESSETH:
WHEREAS, County owns offices at the following locations:
I. Fort Lupton
330 Park Ave.
Fort Lupton Colorado
2. South West Service Center
4209 Weld County Rd. 24 1/2
Longmont Colorado 80501
said offices being referred to herein collectively as County Offices, and
WHEREAS, County is in need of the provision of janitorial services for County Offices
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 ofjanitorial 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 June 25th,
2004, 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
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do-o.)-04 OC : OA-, £�, � 2004-1640
Mawr-25-04 10:20A PORTER INDUSTRIES Inc 9706352566 P_02
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.
3. JANITORIAL SERVICES TO BE PE$FQRMED BY PORTER
INDUSTRIES INC• Porter Industries, Inc. agrees to perform janitorial services in
County Offices five(5)
days per week. Monday through Friday, excluding the holidays listed in 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. HOLIDAYSWHEN 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 Christmas Day. The parties may arrange for janitorial
service by Porter Industries on the above listed holidays for an additional charge.
5. LABOR,EOUIPMENT 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 testroom 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 Porter Industries personnel and County authorized personnel.
6. INDEPENDENT'CONT1tACTOR/STA JS OF PORTER END MP .OYEES•
Porter Industries shall perform its duties hereunder as an independent contractor and
not as an employee of County. Neither the Potter 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 Potter Industries employees. Porter
Industries shall have no authorization, express or implied,to bind County to any
agreement, liability, or understanding, Porter Industries shall be solely responsible
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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
Industries employees.
7. COMPENSATION; County shall pay to Porter Industries the following
compensation
for the janitorial services performed:
A. Janitorial services for County Offices, daily for five(5)days per week, shall
be invoiced at the fixed rate of$2,670.00 per month.
lignites Will Benin Os June 25.2004
1. Ft Lupton
• $785 per month
2. South West Service Center
• $1885 per month
Initial Cleaning to include.
Fort Lupton Site ($285 +$350 carpets=$635)
1. Wall to wall carpet cleaning.
2. Strip and wax entrance.
3. Detail restrooms to include scrubbing floors.
4. Detail dust entire facility.
5. Clean all entrance glass.
6. Detail break kitchens(counter tops, sinks not to include stoves or refrigerators.)
Longmont Site ($684+$1350 carpet+$148 windows=$2182)
1. Dust overhead piping(remove cob webs)County will supply the lift.
2. Clean all interior entrance and skylight glass
3. Detail all restrooms include scrubbing floors
4. Burnish floor in Sheriff area
5. Carpet cleaning Wall-to-Wall
6. Detail dust all facility.
7. Clean all partition glass.
8. Detail break kitchens(not to include inside appliances)
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Note: Scrub/Met of carpet spots and high traffic areas(monthly) included for the
above listed buildings. Wall-to-wall carpet cleaning and window services will be
provided by the contractor upon request as a separate bid.
Glass cleaning service that is included with monthly service pricing is:
Partition glass semi-annually; entry glass monthly and spot clean interior glass daily.
b. Janitorial services requested by County Contact Person on days other than
five(5)per week or 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.
c. All invoices delivered to County by Porter Industries shall be paid in full
within twenty(20)days after receipt thereof.
8. INS]!It Fa: Potter Industries shall, during the term of this Agreement, carry
statutory workers compensation insurance Sr all of its employees, and property
damage insurance and public liability insurance in an amoum of no less than
$3,000,000 combined single limit. County shall be named as an additional named
insured on Porter Industries certificate of insurance, which shall be provided to
County within thirty(30)days of signature hereunder. Upon request,Potter
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, personal representatives, successors and
assigns of said parties.
10. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver 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 any person not a party to this
agreement.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood
and agreed that the 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.
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13. CONTt5T PERSONS/NOTICE: Contact Persons for the parties hereto,their
addresses and telephone 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 certified mail, postage prepaid to the
parties hereto at the addresses as set forth above, unless another address is 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 States 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 will 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 first above written.
410 a ` COUNTY:
t,. � L4, ` EST: �� 2 COUNTY OF WELD, a subdivision of the
I ct *ICounty'C � tf�Etoar�i STATE OF COLORADO:
"
Clerk to Bottri Pro-Ten Chairman, William H. Serke (06/02/2004)
Board of County Commissioners of the
County of Weld
ATTEST: PORTER INDUSTRIES,INC.
,
BY: ,adz—�,� BY ��� f€ ,•-•-�
Corporate Steve Hendrickson, President/CEO
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