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PERSONAL SERVICES CONTRACT ADDENDUM This Personal Services Contract Addendum made this / day of 2000 between City of Moscow, Idaho, a municipal corporation of the State of Idaho, (hereinafter "CITY") and American Building Maintenance Company (hereinafter "JANITOR"); WITNESSETH WHEREAS, CITY entered into a Personal Services Contract with JANITOR on November 12, 1998 for the provision of janitorial services for City Hall/Community Center, City Hall Annex/Police Station, and Eggan Youth Center in Moscow, Idaho (attached hereto as Exhibit and incorporated fully by reference); and WHEREAS, CITY has acquired ownership of the old Job Service building located at 221 East 2nd Street, Moscow, Idaho; and WHEREAS, CITY and JANITOR wish to extend JANITOR'S services to include janitorial services at the old Job Service building located at 221 East 2nd Street, Moscow, Idaho. NOW THEREFORE, IT IS HEREBY AGREED TO AMEND PERSONAL SERVICES CONTRACT as follows By: I. Remuneration: CITY will pay JANITOR an additional five hundred fifty dollars ($550) per month for janitorial services under the same terms and conditions as Personal Services Contract (Exhibit A) through the balance of the term of such Contract. 2. Duties: JANITOR shall perform all duties for CITY at the old Job Service building located at 221 East 2nd Street, Moscow, Idaho, in the same manner and under the same conditions as set out in Personal Services Contract (Exhibit A) paragraph no. 9 and elsewhere in such Contract. 3. All other terms and conditions of Personal Services Contract entered into the 12th day of November, 1998 between CITY and JANITOR (Exhibit A) shall remain the same. ./fohn Hudson, District Manager Personal Services Contract Addendum Page 1 of2 ---PAGE BREAK--- 1£ . . ATTEST( 'tlfiistine Bainbridge, City Clerk STATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this lD_ day of March, 2000, before me, the undersigned, a Notary in and for said State, personally appeared John Hudson, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Contract\Persona!ServicesAddendem \pm Personal Services Contract Addendum Page 2 of2 ---PAGE BREAK--- PERSONAL SERVICES CONTRACT THIS AGREEMENT, made this t'L day of November, 1998, between City of Moscow, Idaho, a Municipal Corporation of the State ofidaho, (hereinafter "CITY") and American Building Maintenance Co. (hereinafter " JANITOR"): WITNESSETH: WHEREAS, CITY is in need of janitorial services for City Hall/Community Center and City Hall Annex/Police State, and Eggan Youth Center in Moscow, Idaho and has requested JANITOR to undertake the duties of the necessary janitorial services upon the terms and conditions hereinafter expressed: NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: l. NONAPPROPRIATION CONTINGENCY: This contract is contingent upon CITY receiving the necessary funding to cover the obligations of CITY. In the event that such funding is not received or appropriated, then, and in that event, CITY'S obligations under this Agreement shall cease and each party shall be released from further performance under this Agreement without any liability to the other party. 2. TERM: The initial term of this Agreement shall be effective from the 1st day of November, 1998 until midnight September 30, 2001. This Agreement shall be renewable for one additional term of two years thereafter at the sole discretion of CITY. 3. REMUNERATION: CITY will pay JANITOR for such services in equal installments paid on or before the 1Oth day of each calendar month, the first payment to be made on or before the 1Oth day of December 1998, and said installment payment shall be proportionate to the actual period of service up to that date as follows during each year of the initial term of this Agreement: November 1, 1998- September 30, 1999. The total amount of thirty Two Thousand Nine Hundred Forty Three Dollars and Sixty Cents ($32,943.60) October I, 1999- September 30, 2000. The total amount of Thirty Six Thousand Eight Hundred Thirty Seven Dollars ($36,837.00) October I, 2000- September 30, 2001. The total amount of Thirty Seven Nine Hundred Forty Two Dollars and Eight Cents ($37,942 08) Personal Services Contract .Exhibit Page 1 o . 98-52 ---PAGE BREAK--- 4. INDEPENDENT CONTRACTOR: JANITOR shall be an independent contractor and not an employee of CITY and shall comply with all the duties hereinafter set forth and shall use its best efforts to carry out daily service duties, weekly service duties, service duties, service duties, bi-annual service duties and annual service duties 5. JANITORIAL OBLIGATIONS: It is understood and agreed that JANITOR will furnish all cleaning equipment and materials necessary to perform the listed services hereinafter set forth with the exception of toilet tissue, hand towels, soap, garbage sacks and light bulbs, which shall be supplied by CITY. CITY shall also supply all necessary electricity and water needed for JANITOR'S performance under this Agreement. 6. KEYS: One building key shall be furnished to JANITOR by CITY. JANITOR is responsible for custody and care of the building key. In the event that JANITOR misplaces or loses said key, JANITOR shall be responsible for the re-keying of all CITY locks serviced by said key. 7. EMPLOYEES: JANITOR agrees to provide CITY with a list of the names and addresses of all employees who will be working upon the premises in performing this Agreement. If CITY disapproves of any such employees in writing, JANITOR agrees not to use such employees upon the premises. JANITOR further agrees to use reasonable care in selecting trustworthy employees and in supervising them. 8. DISPOSAL OF TOXIC SUBSTANCES: JANITOR agrees to dispose of any and all toxic substances used in the premises in accordance with federal, state, and local statutes and regulations and further agrees to indemnify CITY from any liability resulting therefrom. 9. DUTIES: JANITOR shall perform all duties in a good and workmanlike manner in conformance with the Cleaning Quality Requirements (Exhibit A) attached hereto and incorporated by reference to this Agreement. A Daily Service shall be performed in conformance with the following schedule: 5 days per week (Sun-Thur) in the City Hall Annex/Police Station 5 days per week (Sun-Thur) in the City Hall/Community Center 5 days per week (Sun-Thur) in the Youth Center B. JANITOR shall perform the following Daily Service: 1. Empty all waste baskets and place contents in dumpster at the City Hall Annex or City Hall/Community Center for disposal. 2. Empty and clean ash urns. 3. Sweep and/or dust mop all floor surfaces. Personal Services Contract Page2 of6 ---PAGE BREAK--- 4. Dust cleared desks, chairs, tables and other office surfaces. 5. Dust counters, file cabinets, all ledges and other surfaces within reach. 6. Wet mop restroom floors. 7. Clean and sanitize sinks, toilets, urinals and other restroom fixtures. Clean mirrors. 8. Wipe down stall walls in restrooms. 9. Clean and refill all restrooms dispensers (leave an extra roll of toilet paper and paper towels in police station bathroom). I 0. Wash entrance doors and entrance glass (interior and exterior). I I. Wash an clean drinking fountains. 12. Vacuum all carpets including elevator. 13. Keep janitor closet clean and orderly. I 4. Wipe clean all sinks, counters, and tables in conference rooms and utility kitchens. 15. Sweep stair landings and steps of south staircase in City Hall/Community Center. C. JANITOR shall perform the following Weekly Service: 1) Damp mop all linoleum tile floors (Youth Center and City Hall/Community Center floors shall be done three days per week). 2) Remove scuff marks as necessary. 3) Clean interior glass. 4) Clean cleared desk tops, counter tops, file cabinets, wastebaskets, drawer faces. 5) Clean fixture exteriors and replace burnt out bulbs. 6) Dust all woodwork, walls and partitions. 7) Wash and clean restroom walls. 8) Clean stains or spots on carpets. 9) Sweep stair landings and steps including exterior landings and entrances. 1 0) Wipe down elevator walls. I I) Buff all tile and terrazzo floors to maintain a high shine. 12) Vacuum all upholstered furniture. D. JANITOR shall perform the following Service: I) Dust all areas requiring a ladder to reach. 2) Wash and clean all walls. 3) Clean exterior windows. 4) Wet mop stair landings and steps. 5) Steam clean carpeting in the first floor hallway and elevator (City Hall/Community Center). 6) Steam clean carpeting in the hallways (City Hall Annex/Police Station). Personal Services Contract Page 3 of6 ---PAGE BREAK--- 7) Steam clean carpeting in the police station dispatch, report writing room, brief/train room. 8) Scrub and wax first floor linoleum tile floor including kitchen at City Hall/Community Center. 9) Scrub and wax the linoleum tile floor in the Police Station restroom. E. JANITOR shall perform the following (six times per year) Service: I) Steam clean carpeting in the hallways (City Hall/Community Center second and third floors). 2) Scrub and wax linoleum tile floors at the Eggan Youth Center. F. JANITOR shall disassemble and clean ceiling light fixtures three times per year (June, October and December). G. JANITOR shall perform the following Bi-Annual Service: 1) Steam clean carpeting and all upholstered chairs, except those chairs in the City Hall/Community Center council chambers. 2) Scrub and wax all tile and terrazzo floors. H. JANITOR shall perform the following Annual Service: 1) Strip, scrub and wax all tile and terrazzo floors. 2) Wipe down or wash all Venetian blinds and shades. 1 0. ADDffiONAL DUTIES OF JANITOR: A. Will be responsible for securing buildings upon completion of work. B . Will be responsible to see that all work is completed between 5:00 p.m. and 8:00a.m. except Sundays; provided that JANITOR shall work around meetings in said buildings taking place after 5:00p.m. C. Shall provide a schedule of periodic floor, window, and upholstery cleaning dates in advance. D. Attend a meeting with appropriate city officials for the purpose of evaluating the previous month's work. Material needs for the upcoming month will be presented at each meeting. 11. SUBCONTRACTING: A minimum of eighty percent (80"/o) of the duties and work described above shall be accomplished by JANITOR and shall not be subcontracted by JANITOR to other parties. Any subcontract shall be reported in advance to CITY and shall be subject to CITY approval. Personal Services Contract Page4 of6 ---PAGE BREAK--- JANITOR shall remain responsible for the work of subcontractors performed pursuant to this Agreement. 12. INDEMNITY: JANITOR shall indemnify, save harmless, and exempt CITY, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees incident to any work done in the performance of this Agreement arising out of a willful or negligent act or omission of JANITOR , its officers, agents and employees; provided, however, JANITOR shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out of a willful or negligent act or omission of CITY, its officers, agents, servants, and employees. 13. INSURANCE/WITHHOLDINGS: JANITOR expressly understands and agrees that it shall be fully responsible for its own workmen's compensation insurance, state and federal withholding taxes, FICA withholding, etc. JANITOR further agrees that it shall be solely responsible for its employees, and further JANITOR shall carry all applicable workmen's compensation insurance on said employees, if applicable. 14. TERMINATION: This Agreement may be terminated without cause at any time by CITY giving JANITOR ten (10) calendar days notice in writing of its intention to terminate the same. 15. MISSED DAYS: A prorated deduction shall be made from the installment for any and all scheduled days during a month in which a building is not cleaned. 16. BONDING: JANITOR shall obtain, at its sole expense, a fidelity bond in the amount of Three Thousand Dollars ($3,000.00). Said bond must be furnished to CITY within five days of commencing work under this Agreement. Said bond shall apply to all work performed pursuant to this Agreement, whether actually performed by JANITOR, its employees, or subcontractors. 17. POINT OF CONTACT: All notices between CITY and JANITOR shall be directed by CITY to American Building Maintenance Company, P.O. Box 8776, Moscow, Idaho 83843 and by JANITOR to Parks/Facilities Manager, P.O. Box 9203, Moscow, Idaho 83843. 18. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties. 19. JURISDICTION AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State ofldabo, and venue shall be in the District Court of Latab County. Personal Services Contract Page 5 of6 ---PAGE BREAK--- 20. SEVERABILITY: If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. STATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this __14. day of November, 1998, before me, the undersigned, a Notary in and for said State, personally appeared John Hudson, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Contract\Pe=nal Service Contract\tb Personal Services Contract Page6 ofY (r ---PAGE BREAK--- I. inco;:r;,;ffited ._va::n • • v• THIS CERTIFICATE IS ISSUED AS A MATTER OF tNFORMATION ONLY AND CONFERS NO RIGHTS UPON Tht CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. CERTIFICATE HOLDER: INSURANCE COMPANIES City of Moscow 122 East Fourth Street A Continental Casualty Co. Moscow, ID 83843 B Continental Casualty Co. c National Union Fire Ins. Co. PA INSURED: American Building Maintenance Co. -West D dba: ABM Janitorial Services 16 East Columbia Drive E Kennewick, WA 99336 CERTNO 9653 BRANCH 1308 FORM This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Co. Coverage Policy Number Expiration Limits of Liability A GENERAL LIABILITY GL 166802015 11/01/99 Bodily $1,000,000 -"--Commercial Form Injury CSL -"--Elevator Liability -"--Premises - Operations ..,2;_Explosion & Collapse Hazard MUnderground Hazard Personal $ Included _]LProducts/Completed Injury Above Operations Hazard _z_contractual Insurance _2LBroad Form Property Damage _Lindependent Contractors -"--Personal Injury Property $ Included __K_Owners, Contractors, Tenants, Damage Above & Landlords Liability A AUTOMOBILE LIABILITY BUA 166802063 11/01/99 Bodily Comprehensive Form Injury $l,OOO,OOO _2;_0wned MHired _LNon-Owned Property _LGarage Keepers Legal Liability Damage $1,000,000 Workers' Compensation we l6680l950 11/0l/99 Statutory B 8 Empl.oyers Liability Same $1,000,000 each accident c Employee Dishonesty/ 48652l6 Fidelity Insurance CANCELlATION: SHOULD ANY Of THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN . NOTICE TO THE ABOVE NAME CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. BROKER: Willis Corroon of California 444 Market Street, STE 1600 San Francisco, CA 94111 10/02/98 DATE ISSUED 11/0l/99 $1,500,000 RUTHORIZED SIGNRTURE