HomeMy WebLinkAbout20032840.tiff AGREEMENT FOR JANITORIAL SERVICES
THIS AGREEMENT is made and entered into this 1ST day of SEPTEMBER, 2003, nunc
pro tuns, September 1, 2003, 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 ACounty,@
and KADDS, Inc., whose address is 490 South Santa Fe Drive, Suite #C, Denver CO 80223,
hereinafter referred to as AKADDS.@
WITNESSETH:
WHEREAS, County owns offices at the following locations:
Planning and Health: 1555 N. 17th Avenue, Greeley, Colorado
Human Services: 1551 N. 17th Avenue, Greeley, Colorado
Transportation: 1399 N. 17th Avenue, Greeley, Colorado
Training Center: 1104 AH@ Street, Greeley, Colorado
Public Works: 1111 AH@ Street, Greeley, Colorado
Various Depts.: 1400 & 1402 N. 17th Ave., Greeley, Colorado
said offices being referred to herein collectively as ACounty Offices,@ and
WHEREAS, County is in need of the provision of janitorial services for County Offices
on a daily(business day) basis, and
WHEREAS, KADDS is in the business of providing janitorial services and has the
manpower available 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 September 1,
2003, and shall be renewed automatically for additional one (1) year terms
thereafter, unless sooner terminated by 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,
1
2003-2840
no • / /Mt/ Zopia ,e3G-cO,o
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 terminate this Agreement if, upon notifying the
KADDS Contact Person listed in Section 14, below, of deficiencies in
service, KADDS has not corrected such deficiencies within three (3)
working days. Such notification of deficiencies in service and of
consequent termination may be either oral or written. KADDS 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 KADDS.
3. JANITORIAL SERVICES TO BE PERFORMED BY KADDS: KADDS 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 Ajanitorial 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. KADDS shall perform such services in County
Offices regardless of whether the ICADDS= employee assigned to a County Office
is not present for work.
4. HOLIDAYS WHEN NO JANITORIAL SERVICES ARE PERFORMED:
KADDS 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 KADDS 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
KADDS at its sole expense. All trash liners, silica sand and rest room 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
ICADDS. County shall provide in each of the County Offices secure storage for
the janitorial equipment and supplies, solely accessible by KADDS= personnel
and County authorized personnel.
2
6. INDEPENDENT CONTRACTOR/ STATUS OF KADDS EMPLOYEES:
KADDS shall perform its duties hereunder as an independent contractor and not
as an employee of County. Neither the KADDS, nor any agent or employee of
KADDS, shall be or shall be deemed to be, an agent or employee of County.
KADDS shall pay, when due, all wages, social security,required employment
taxes and income taxes. KADDS acknowledges that its employees are not
entitled to unemployment insurance benefits unless the KADDS or a third-party
provides such coverage and that County does not pay for or otherwise provide
such coverage for KADDS= employees. KADDS shall have no authorization,
express or implied, to bind County to any agreements, liability, or understanding.
KADDS shall be solely responsible for the acts of the KADDS, its employees and
agents. County agrees to refrain from actively soliciting applications for County
janitorial staff positions from KADDS= employees.
7. COMPENSATION: County shall pay to KADDS 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$6,357.59 per month.
b. Janitorial services requested by County Contact Person on days other than
five (5)per week or on the above-listed holidays shall be invoiced to
County at the rate of$.059 per square foot.
c. All invoices delivered to County by KADDS shall be paid in full within
twenty(20) days after receipt thereof.
8. INSURANCE: KADDS 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
KADDS= certificate of insurance, which shall be provided to County within thirty
(30) days of signature hereunder. KADDS 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.
3
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 to the 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 KADDS: Tse G,a/ie.ao S 1 3 p 4an . 11e,/5
1/Qo s ,1la re 4)r, #C Dzvtver Co. 8oa3
All informal 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 in 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.
4
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:
ATTEST: i) ilia) OUNTY OF WELD, a subdivision of the
Weld County Clerk o the Bo. ? L %ATE OF COLORADO:
•
BY; £I#J2 ?UN */ David E. Long, Chairman 0 s ?OM
Deputy Clerk to the Board --- Board of County Commissi ners of the
County of Weld
KADDS:
ATTEST: KADDS, INC.
/ �
BY: BY: � i, / \, �
"--
Corporate Secretary / resident
5
Hello