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HomeMy WebLinkAboutMSA Cleaning Systems, Inc. Contract Addendum - 2012 04 14ADDENDUM TO CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT PO # � 2 O Z3Z 940.0 o THIS ADDENDUM TO JANITORIAL SERVICES CONTRACT ( "Contract ") is entered into by and between the City of Winter Springs ( "City ") and MSA Cleaning Systems, Inc. ( "Contractor "). The Contractor's address is 7025 CR 46 A, Suite 1071 -367, Lake Mary, FL 32746. WHEREAS, the City and Contractor entered into that Janitorial Services Contract dated February 1, 2012 for the purpose of Contractor providing janitorial services to the City for the City Hall building located at 1126 East State Road 434, Winter Springs, Florida; for the Public Works Operations Building located at 150 Hartman Lane, Winter Springs, Florida; and the Public Works Trailer offices located at 390 Old Sanford - Oviedo Road, Winter Springs, Florida. WHEREAS, the parties desire to amend the Janitorial Duties Specifications set forth in Exhibit `B" to the Contract for the purpose of Contractor providing additional janitorial services to the City for the City's public works buildings consistent with the terms and conditions of this Addendum; and WHEREAS, the parties desires to set forth their mutual understanding of the terms and conditions of their agreement herein. IN CONSIDERATION of the mutual promises and understandings contained in this Addendum, the Contractor and the City agree as follows: 1. AMENDMENT TO JANITORIAL DUTIES SPECIFICATIONS: The City and Contractor hereby agree to amend the Janitorial Duties Specifications set forth in Exhibit `B" to the Contract to add the following: Additional Monthly Cleaning Services for Public Works Trailer Offices and Operations Building. In addition to the specific duties set forth below, the City reserves the right to add additional, minor duties to be performed by Contractor. No additional payment shall be due Contractor for said additional minor duties unless agreed to in writing by both parties hereto. Trailer Offices (once a week) 1. All carpet will be vacuumed. 2. All hard surface floors will be swept and mopped. 3. Ledges, door frames, decorative plants, furniture, and AC vents will be dusted monthly. 4. All glass doors should be cleaned each time serviced. 5. All trash cans will be emptied and relined each time serviced. 6. Restrooms to be cleaned and sanitized each time serviced, to include sinks, mirrors, and fixtures Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept, mopped. Operations Building (Twice a Week) 1. All hard surface floors will be swept and mopped. 2. Baseboards will be maintained clean. 3. All glass doors to be cleaned each time serviced or as needed. 4. All trash cans will be emptied and relined each time serviced. 5. Kitchen counter tops, microwave and sinks in break rooms to be serviced twice a week. Organize tables /chairs and wipe down table tops. 6. Men's restrooms should be cleaned and sanitized each time serviced, to include walls, sinks, mirrors, and fixtures. Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept and mopped. 7. Clean and polish water fountains. Operations Building (Once a Month) 1. Vacuum carpet and empty trash in control room. 2. Clean restroom in control room, to include sinks, mirrors and fixtures. Floors to be swept and mopped. 3. Ladies restrooms should be cleaned and sanitized, to include walls, sinks, mirrors, and fixtures Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept and mopped. 4. High dust lockers, fixtures, and cabinets once a month. * * *MSA Cleaning Systems, Inc. will provide equipment, chemicals and trained and qualified personnel to perform above services. City of Winter Springs will provide all paper products, soap and trash can liners. * ** 2. COMPENSATION: For the additional services set forth in this Addendum, the City and Contractor hereby agree that the City shall the Contractor $420.00 per month. Said payment shall be in addition to the compensation due Contractor under the Contract. 3. OTHER TERMS AND CONDITIONS: All terms and conditions of the Contract not expressly modified by this Addendum shall remain in full force and effect. AGREED: THE CITY OF WINTER SPRINGS: DA'Z'E: SA CLING SYSTEMS, INC.: DAZE: C(__ 2 ( nu Insurance Company P.o Box noor Peoria IL 61612-3967 Phone: (309)692-1000 Fax: (309)683-1610 JANITORIAL SERVICE BOND Bond No. LFM0014675 Item 1. Name o[Insured: FA Cleaning Systems DBA dba MSA Cleaning Systems (the "Insured") Principal Address: 7025 CR 46A, Suite 1071-367 Lake Mary, FL 32746 Item 2. Bond Period: The term of this Bond begins with the 6th day of February , 2012 . at 12:00 o'clock night, standard time at the address of the Obligee above given, and ends at 12:00 o'clock night, standar tirne, on the effective date of the canceflation of this Bond in its entirety. Item 3. Limit of liability: $ 25.000.00 INSURING AGREEMENT In consideration of an agreed premium, the RL| Insurance Qgonslly an Illinois corporation (the "Cornpany"), hereby agrees to indemnify MSA Cleaning Systems o� Lake Mary FL (her&nafter cafled 'Obligee), against Ioss of money er other property, real or personal, belonging to any and all subscribers (hereinafter called "Subscriber") to its services, or in which the Subscriber has a pecuniary interest, or for which the Subscriber is legally liable, which the Subscriber shall sustain as the result of any fraudulent or dishonest act, as hereinafter defined, of an Employee or Employees of the Obligee acting alone or in collusion with others, and for which the Obligee is liable, an amount not exceeding, in the aggregate, the amount stated in Item 3. U. DEFINITIONS Employee. The word Employee or Empoyees, as used in this Bond, shaH be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Obigow, if a uorporabon, who are not also officers or employees thereof in some other capacity) while in the regular service of the Obligee in the ordinary course of the Obligee's business during the term of this Bon0, and whom the Insured compensates by oo(ory, or wages or has the right to govern and direct in the performance of such oomioo, and who are engaged in such serice within any of the States of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin |o|ande, or elsewhere for a limited pehod, but not to mean bmkem, hactom, commission marchants, consignees, contractors, or other agents or representatives of the same character. 111. GENERAL EXCLUSIONS A. Acts Committed by You or Vour Partners: This Bond will not pay for oss resulting from any dishones or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. FID 0100 (2Y93) Page 1 of 4 Pages B. Indirect Loss: This Bond wi|| not pay for a loss that is an indirect result of any act covered by this Bond ncIuding, but not mited to. loss resuRing from: (1) Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, covered property. (2) Paymerit of damages of any type for which you are legaily Iiable; but, we will pay compensatory damages arising directly from a ioss covered under this Bond. (3) Payments of costs, fees or other expenses you incur in establishing either the existence or the amount of Ioss under this Bond. C. Legal Expenses: This Bond will not pay for expenses related to any legal action. IV. CONDITIONS A. Consolidation-Merger. If any natural persons shall be taken into the regular service of the Obligee through merger or consolidation with some other concern, the Obligee shall give the Company written notice thereof and shall pay an additional premium on any increase in the number of Employees covered urider this Bond as a result of such merger or consolidation computed pro rata from the date of such rnerger or consolidation to the end of the current premium period. B. Discovery. Loss is covered under this Bond only (a) if sustained through any act or acts committed by any Employee of Obligee while this Bond is in force as to such Employee, and (b) if discovered no later than one (1) year from the expiration or sooner cancellation of this Bond in its entirety as provided in Section V, or from its cancellation or termination in its entirety in any other manner, whichever shall first happen. C. Prior Fraud, Dishonesty or Cancellation. No Employee, to the best of the knowledge of the Obligee, or of any partner or officer thereof not in collusion with such Employee, has committed any Fraudulent or Dishonest Act in the service of the Obkgee or otherwise. If prior to the issuance of this Bond, any fidelity nsurance in favor of the Obligee or any predecessor in interest of the Obligee and covering one or more of the Obligee's employees shall have been cancelled as to any of such Employees by reason of (a) the discovery of any fraudulent or dishonest act on the part of such employees, or (b) the giving of written notice of cancellation by the Insurer issuing such fidelity insurance, whether the Company or not, and if such employees shall not have been reinstated under the coverage of such fidelity insurance or superseding fidelity insurance, the Company shall not be liable under this Bond on account of such Employees unless the Company shall agree in writing to include such Ernployees within the coverage of this Bond. D. Laso, Not|ce, Proof, Legal Proceedings. At the earliest practical moment, and at all events not later than fifteen days after discovery of any fraudulent or dishonest act on the part of any Employee by the Obligee, or by any partner or officer thereof not in collusion with such Employee, the Obligee shall give the Company written notice thereof and within four months after such discovery shall file with the Company affirmative proof of loss, itemized and duly sworn \o, and shall upon request of the Company render every aoaietonoo, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of Ioss under this Bond shali be brought before the expiration of two months from the filing of proof as aforesaid on account of such iooe, nor after the expiration of fifteen months from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this Bond for giving notice, filing claim or bringing suit is prohibited ar made void by any Iaw controHing the construction of this Bond, such imitatiori shall be deemed to be amended so as to be equal to the minimum period of lirnitation permitted by such law. Page 2 of 4 E Fraudulent or Dishonest Act. A fraudulent or dishonest act of an Employee of the Obligee shall mean an act which is punishable under the Criminal Code in the jurisdiction within which act occurred for which said Employee is tried and convicted by a court of properjurisdiction. F. Salvage. If the Obligee shall sustain any loss or losses covered by this Bond which exceed the amount of coverage provided by this Bond, the Obligee shall be entitled to all ,ecovehos, except from aupetyohip, inouxonua, reinsurance security and indemnity taken by or for the benefit of the Company, by whomsoever made, on account of such loss or losses under this Bond until fully reimbursed, less the actual cost of effecting the same; and less the amount of the deductible carried on the Employee causing such loss or losses; and any rernainder shafl be apped to the reimbursement of the Company. G. Deductible. The Company shall not be liable under this Bond on account of any loss or losses through fraudulent or dishonest acts commftted by any Employee of Obligee, unless the arnount of such oss or Iosses, after deducting the net amount of all reirnbursement and/or moovery, including any cash deposit taken by the Ob|igoo, obtained or made by the Obligee or the Company on account thereof, prior to payment by the company of such loss or losses, shall be in excess of ONE HUNDRED DOLLARS ($100.00), and then for such excess only, but in no evont for more than the amount of insurance carried on such Employee under this Bond. If more than one Employee is concerned or implicated in such loss or losses said deductible amount shall app!y to each Empoyee concerned or implicated. H. Limit of Liability. Regardless of the number of years this Bond shall continue in force and the number of premiums which shall be payable or paid. the liability of the Surety under this Bond shall not be cumulative in amounts from year to year or from period to period. Limit of Liability Under This Bond and Prior Insurance. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided in Condition A and which occur partly under this Bond and partly under other bonds or policies issued by the Company to the Obligee or to any predecessor in interest of the Obligee and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such oss or osses thereurider are discovered, the tota ||iahUityofthnCumpany under this Bond and under such other bonds or poiicies shaU not exceed, in the aggregate, the amount carried under this Bond on such loss or osses or the amount available to the Obligee under such other bonds or policies, as limited by the terms and conditions thereof, for such loss or losses, if the latter amount be the larger. J. Part-Time or Temporary Employees. The named Obligee shall not at any time while this Bond is in force direct any temporary or part time Employee(s) to any subscriber's premises unless such Employee(s) is accompanied by a foreman who is in the reguar eniploy of the Obligee. K. Valuation - Settlement. Subject to the applicable Limit of Liability provision we will pay for: (1) Loss of "money but only up to and including its face value. (2) Loss of "securities" but only up to and including their value at the close of business on the day the loss was discovered. We rr,ay, at our optiori: (a) Pay the value of such "securities" or replace them in kind, in which event you must assign to us all your rights, title and interest iri and to those "securities;" (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities." Hovvover, we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the: (i) Value of the securities at the close of business on the day the oss was discovered: or (ii) Limit of liability. RDO1OO(2/93) Page 3 of 4 Pages (3) Loss of, or oss from damage to, "property other than money and securities" or Ioss from damage to the 'premises for not more than the: (a) Actua cash value of the property on the day the Ioss was dscovered; (b) Cost of repairing the property or "premises;' or (c) Cost of repacing the property with property of like kind and quahty. We may, at our option, pay the actual cash value of the property or repair or replace it. If we cannot agree with you upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. V. CANCELLATION This Bond shall be deemed cancelled as to any Employe (a) immediately upon discovery by the Obiigee, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or (b) at 12:UO o'clock night, standard time, upon the effective date specified in a written notice served upon the Insured or sent by mail. Such daks, if the notice be snnmd, shall be not less than ten days after such service, or, if sent by mail, not less than fifteen days after the date of mailing. The mailing by the Company of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof of notice. This Bond shall be deemed cancelled in its entirety ag12:00 o'clock night, standard time, upon the effective date specified in a writte notice serve by the Oblige upon the Company or by the Company upon the Obligee, or sent by mail. Such date, if the notice be served by the Company, shall be not less than ten days after such service. or if sent by the Company by mail, not less than fifteen days after the date of mailing. The mailing by the Company of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof ofnotice. The Company shall refund to the Obligee the unearned premium computed pro rata if this Bond is cancelled at the instance of the Company, or at short rates if cancelled or reduced at the instance of the Obligee. Dated this 0h day of February , 2012. Countersigned - By: At horize Individual RLI Insurance Company By: Roy C. Die Vice President FMDO10O(2B93) Page 4 of 4 Pages