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Home My WebLink AboutABM Janitorial Services-North Central, Inc-7/9/2012Building Value Amendment to Service Agreement Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 1509 Michigan Street Des Moines, IA 50314 Phone — 515-597-0340 Fax — 515-243-1289 This amendment, made July 1, 2012, by and between ABM Janitorial Services—North Central, Inc., a corporation (Contractor), and City of Waterloo (Owner), serves as agreement by both parties to provide janitorial services to 715 Mulberry Street, 620 Mulberry Street, 348 N. Elk Run Road, 104 W. 51h Street, 3505 Easton Avenue, Waterloo, IA. The monthly pricing for the above sites shall remain the same per month plus all applicable taxes for janitorial services. The price includes equipment, cleaning supplies, insuranCe, consumables, supervision and labor. The cleaning specifications will remain the same as outlined in the original service agreement. All other aspects of the original agreement and any previous amendments shall remain the same. This agreement shall be effective August 1, 2012, and shall continue in effect through July 31, 2014. Signature (Customer) ,,t/d/a Signature (ABM rep.) Owner: Contractor: City of Waterloo ABM Janitorial Services -North Central, Inc. By:tY-: 1 y B Name: -C t`1(ti Title: 6r , Climb k lot www.abm.com Name: Title: '12-14-2010 08:58am Frum-ABM 5152431289 T-488 P.001/004 F -BIT Janional Services JANITO SERVICE AGREEMENT This AGREEMPATIn made July 7, 2009, by and between Janitorial o North. Central, Ins., a (Comer) and the tray of Waterloo (fie). L SERVICE: Connector will provide janitorial'and other related wires to 715 Mulberry SL, 620 Mutherly sa N Elk Run ]Read, and 104 W. 5 St., Waterloo, Ili, acceding to the speemeatinne, Con actor may the services by any reasonable meats, and shall not be nesponsilele for delays in performance beyond its control. 2. MAE This Agreement shall be in effect for 3 yews. commencing August 1, 2009, and shall cont nu nt effect then July 31, 2012 3. TERAMIA2a0N., If Owner is disatisfied with the quality of the services, owner may inform Contractor in writing of the specific areas of diesafisfaction„ and if Contractor shall hdl to enbenntially correct the deficiencies withht thirty (50) days, Owner may then terminate this ennt by thirty (30) days weitten notim to Comeactor. owner may termheate this Agreement at any time uIan thirty (30) days written pollee if Owner vacates the presses. Contractor may terminate this Agrees ant by t iaty (30) days written notice to Owner, and may f canis to services at any time without notice for non-payment. Notwastimaing the foregoing, in order to ire WARN Act compliance, the Owner shall pr*wide at least 75 days' prior written notice of cancellation, only if tine rammer of Co 's employees assigned to Owner's account is equal to or weeds 50 employees at any time during the six marith period prior to the notice of termination, unless is destroyed or otherwise rendered uninhabilable due to no:foreseen circumstances.All, properly &trashed by contractor under this contract shall remain its property. Upon the termhiation of the connate, Contmetor shall have a reasonable time to remove its property from. Client's per. 4. PRIM age to pay for the service= City Hall $4A23-64 per month, Carnegie Anocet $583.11 per month, Pa&e TrairMig Center $215.26 per month, M noreialHal $197.02 per month. See pricing summary. Payment shall be due within 20 days from the earlier of the date of invoice ur the last day of each month for whidt services were performed. The price is based upon the service area anal frequency of services in the attacbed ns. If there is any change in either, Owner and Contract= agree to negotiate a reasonable price 5. GE IT WORK . The price stated in this agreement i 12,14=2010 08:58am From -ABM Janitorial Services 5152431288 T-489 P.002/604 F-817' & . Ui CATION Contactor shall indemnify ailed hold harry Owner from loss, liability, cost, or expense (icluding reasenable attorney's fees) for bey injury, death aired p (hereinafter referred to as °claim(s)"), but only to the extent same are caused by negligence, misconduct or other fault of Contractor, ifs Owners or employees, which arise out of work performed ander this Agreement The foregoing provision shall only benefit Owner if Ower notifies Contractor in writing of such claim within five (5) days of sante being reported to Owner or Bs reinesetnathre. Notwithstanding the foregoing, if Contractor is required by Owner to clean or wax floors when being used by employees, custemers, tenants, or business visitors, Contractor shall not be respoomiale for any Claiin in connection therewith. Conor shall not be liable far delay, loss or damage caused by warfare, riots, stoles, boycotts, criminal acts, auk or omissions of oilier, fire, water damage, natural calamity, or causes beyond Cts reasonable controL Contractor shall not be liable for disposal of documents or valuable items, other than office furmsinings, left on furs, and Owner shall indemnify and hold harmless C.o n rachhr from claims for such disposaL Owner agrees to keep its facilities in a safe camditkm and in conformance with federal, state, and local laws, ord.inances and regulations. Owner shall indemnify, deed and .old harmless ss Contractor from Claims to Comm:toes employees and oto resulting from the condition of Owner's premises or equipment bit only to the extent same are not raised by Contractor's fault a INSURANCE AUTO TAS: Contractor agrees to maintain in full force and effect during the term. of this agreement the following insnranoe coverages with regard to the work performed for Owner under this Agreement 1) Commercial General Liability insurance with lines for bodily injury and property damage of not less than $1,000,000 per occurrence; 2) C'om erdal Automobile Liability insaraloe with limits' of liability for bodily injury and property damage of not less than n000,000 per ornmerence; and 3) Workers' Camp ort innuance with stainfoly limes and with an employers liability limit of at least $500,000 (except to the extent that Contractor has opted out of fire workers competition insurance system in Texas). Contractor has the right to be self where permitted by ate law or to provide such coverage subject to a deductible or self retention Upon request,Contractor will provide Owner with a certificate of insmunee dee:Ailing the coverage provided in accordance with these provisions. Contractor, Owner and their insurers shall waive all rights of subrogation against one another for property damage claims. Contactor shall be reaponsih1e for paying all payroll based taxes affecting its employees. Client ages to pay for any sales and use taxes as well as innesses in any taxes, work liability inset rance and other siting expenses of Contractor. I& INDEPENDENT CONTRACTOR. Contnactor is an independent confraetar, and all persons employed. to famish services hereunder are employees of Contractor and not of Owner. The janitom will be employees s of Contractor and Contractor will pay for all wages, expenses federal and state payroll taxes and any similar tax relating to such employes, and will provide uniforms in accordance with Contractor's established standards. In the eve any employees or firmer employees of Contractor or its affiliates are employed by Client or by of during the of this or within 90 after ifsany Client's to C.or a fee to 1p* Owner agrees to Par percent of the alt ca of each such eaaployee or former employ. iL ZEES: Ulan wrinea. request by Owner, Contractor will remove from service any employee assigned to Owner's pr u ire s who has engaged in imaproper condom, including without lmai inion, a breach of Owner palm or failure to perform the duties herein, provided such request is in accordance with the laws and collective barganting ate, if applicable. Co ctor shall supervise the -janitors through Contractor's designated personnel le the event Client anilines any supervisory duties toward the Contraetoa's eanplayees or directs their acts or services, Client shall assume responsilelity and shall indemnify, defend and bold Contractor harness from loss, liability or expense arising therefrom. 12. Ialtre Contiaetor shall not be provided masher keys in any property. Should access to a master key be required, Owner wfi1 provide a key box or lock box for such master key(s) at ther e ±y. Notwithstanding anything to the contrary in this fit, Contractor shall not be responsilele for any damages Anon , without limitation, any exists incurred in re -keying or changing locks caused by the loss or theft of snch key(s). 13. NOTICES: Notices, requests, demands, etc., shall be in writing and delivered or mailed with pastage prep 2of$ 1Z-14-2010 08:59am From -ABN Janitorial Services To Owner at: CITY OF WAS 715 Mulberry St. waterloo, Iowa 50703 Attn: Louis Cutwright 5152431289 T-488 P.003/004 F-817 To Conbmctor ate ABM Janitorial Sarviees - North Central, Inc • 1509 Mid St Das Moines, Iowa 50319 14. ENTIRE AG. This mains the ewe Agrerment between the parties. All prior negoilatio s between tate parties are merged in this Agreement, and there axe no understandings or agreements other than those iucarparabed herein. This Agreement .stay not be mom except by writbrzt instrument signed by both parties. In the event of coffiict between any of the foregoing provisions of this Agreement and any other p order, agreement or soman between the parties, this Age shall be controlling. This Agreement shall inure to and bind the successorsassigns, agerds and representatives of the parties 1N WETNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. City of Waterloo By: Nate= rte: E1,Nil -- Titov regional Vice Pnasident Inc. 77zdy 3 of 3 12=14-2010 08:59am Frain -ABM Janitorial Services August .3, 2009 Louis Cutwrigltt City of Waterloo 715 Mulberry Street Waterloos IA 50703 Re: Contract ADDENDUM 5152431299 T -48B P.004/004 F -BIT 916 Decathlon Drive Waterloo, IA 50701 Office: (319) 234-2672 Fax: (319) 234-2742 1r Mr. Cartwright Please consider this letter as an addendumi to our coact with the City signed. on July 7, 2009. Per your request, were adding an additional location to the sites we provide janitorial services to: Waste Water Treatment Plant 3505 Easton Street Waterloo, IA 50703 The price for this additional location will be $1,325.82 per month for 5 day per week service. Service will begin effective immediately. Please indicate your acceptance of this addendum by signing and returning a copy below. Accepted by: Patti Lee Tim Hurley District Manager Mayor, City of Waterloo Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 Agreement for Animal Control Services The Cedar Bend Humane Society agrees to provide the City of Waterloo with animal control services for the month of July 2012 without an agreed upon, signed contract for the FY13. Services will be provided as outlined in the FY12 contract between The Cedar Bend Humane Society and The City of Waterloo. Exception: The Cedar Bend Humane Society and The City of Waterloo agree to terminate the service of Emergency Night Call Services as outlined in the FY12 contract. This agreement shall commence at 12:00 a.m. on July 1st, 2012 and shall terminate at 11:59 p.m. on July 31st, 2012. The purpose of this agreement is to provide the citizens of Waterloo uninterrupted animal control services while the City and Cedar Bend continue negotiations to secure an FY13 contract for Animal Control services. IN WITNESS WHEREOF the parties hereto have executed this Agreement for Animal Control Services by their duly authorized representatives as of Julyrnugtz t ° , 2012. CEDAR BEND HUMANE SOCIETY CITY OF WATERLOO, IOWA By: By: Karla Beckman, Co -Director Ernest G. Clark, Mayor By: Attest: ... Kristy Gardner, Co -Director Suzy Schar- , City Clerk