HomeMy WebLinkAbout20040345.tiff •
AGREEMENT FOR JANITORIAL SERVICES
THIS AGREEMENT is made and entered into this 1st day of January, 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.
WITNESSETH:
WHEREAS, County owns offices at the following locations:
Planning and Health: 1555 N. 17th Avenue, Greeley, CO
Human Services: 1551 N. 17th Avenue,Greeley, CO
Transportation: 1399 N. 17th Avenue,Greeley, CO
Training Center: 1104 H Street, Greeley, CO
Public Works: 1111 H Street, Greeley, CO
Various Depts: 1400& 1042 N. 17th Avenue, Greeley, CO
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 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 January I,
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� 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.
2004-0345
(,(I ; Pu , ,j:)LG= ,Pcgi .12CY-oa[
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.
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. 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. 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 Christmas Day. The parties may arrange for janitorial
service by Porter Industries on the above listed holidays for 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 Porter Industries
Personnel and County authorized personnel.
6. INDEPENDENT CONTRACTOR/STATUS OF PORTER IND. EMPLOYEES:
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 shall 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 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$6,899.00 per month.
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 $15.00 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. 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 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, 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, personal representatives, successors and
assigns of said parties.
10. NO WAVER 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.
13. CONTACT 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.
IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day
And year first above written.
COUNTY:
IS T: ��� COUNTY OF WELD,a subdivision of the
my Clerk to the Board STATE OF COLORADO:
361 t 1/4
utyClerktotheBoard Chairman, Robert D. Masden (1/14/2004)
Board of County Commissioners of the
County of Weld
PORTER INDUSTRIES, INC.
ATTEST:
BY: BY: rya L�5
Corporate/Secretary esident
Hello