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HomeMy WebLinkAboutJanitorial Services Contract - 2012 02 01 CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT PO # THIS JANITORIAL SERVICES 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. PURPOSE: The purpose of this contract is to secure the services of the Contractor to provide janitorial services for the City Hall building located at 1126 East State Road 434, Winter Springs, Florida. IN CONSIDERATION of the mutual promises and understandings contained in this contract, the Contractor and the City agree as follows: 1. DESCRIPTION OF SERVICES TO BE PROVIDED: In consideration of the compensation received under this contract, the Contractor will provide the janitorial services for the City Hall building described in the "Janitorial Duties Specifications" which is attached as Exhibit B and incorporated herein by reference. 2. PERIOD OF PERFORMANCE: a. The period of performance under this Contract shall be from February 1, 2012 through January 31, 2013, unless sooner terminated or extended as provided herein. b. The City reserves the right to extend this contract for additional one (1) year terms or portions thereof. Such contract extensions shall be subject to mutual agreement as to duration, modification of terms, and price adjustments. The Contractor shall respond within fifteen (15) calendar days following receipt of the City's request for extension. 3. COMPENSATION: a. Amount: The City shall pay the Contractor $800.00 per month. This will be the total compensation paid to the Contractor except for payments, if any, made under subparagraphs 3.b. and c. below. b. Additional Services: The City may request the Contractor to provide additional services pursuant to the Response Form, as supplemented, submitted by the Contractor. c. Additions or Deletions: The City may, by written change notice, add or delete facilities, areas, or service requirements of this contract. Such changes shall be negotiated on the basis of a prorated price consistent with the original price contained in the Contractor's Response Form, as supplemented. 4. PAYMENTS: Payment shall be made upon receipt of monthly invoices submitted by the Contractor. Full payment to the Contractor will be made only after work is satisfactorily performed. Payments will be considered timely if made by the City within 30 days of receipt of each such invoice. 5. RIGHTS AND OBLIGATIONS: All rights and obligations of the parties to this contract will be subject to and governed by the terms of this contract; Exhibit A- General Terms and Conditions; and Exhibit B — Janitorial Duties Specifications as referenced and hereby incorporated into this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) terms of this contract; (b) Exhibit A — General Terms and Conditions; and (c) Exhibit B — Janitorial Duties Specifications. 6. SUPERVISION /EMPLOYEES: a. The Contractor will perform all work under this contract with his /her own employees and will assign a supervisor who will oversee the work performed under this contract and will have authority to represent the Contractor in dealing with the Contract Manager or his /her designee. The name, address and telephone number of the supervisor will be furnished to the City. b. All employees working on site at the City's property will be required to have had and passed background checks prior to working on this site. A copy will be provided to the City only if it includes a listing of a Felony conviction and the Contractor would like to employ the individual on this site. The City reserves the right to request copies of any and all background checks on employees or subcontractors. c. All Subcontractors employed by the Contractor for work at this site must be approved by the City and are subject to background verification. d. The Contractor shall prohibit his /her employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment. e. The Contractor is responsible for the security of the facility during the performance of these services and shall ensure that all facility exterior doors remain locked during his or her work hours and upon Contractor's departure from facility. f. The Contractor will ensure that industry accepted safe practices are followed in performance of the work, including but not limited to, placing appropriate signage warning of wet or newly waxed floors. After each period of cleaning and other services, the areas shall be inspected for fire hazards, unnecessary lights shall be turned off, and outside doors and windows closed and locked. g. The Contractor hereby accepts responsibility for all key cards or keys issued to the Contractor. The Contractor also agrees that no duplicate key cards or keys will be made and the Contractor will be responsible for the return of any key cards or keys that may have been provided to the Contractor's employees who terminate employment with his firm. h. The Contractor shall prohibit small children from being on the premises during the time services are being performed. i. By mutual agreement between the City and the Contractor, appropriate action will be taken concerning employees that disregard the contents of the foregoing subparagraphs, who are incompetent, careless and /or insubordinate and do not exhibit proper dress and decorum expected in city owned facilities. 7. HOURS OF WORK Janitorial services, except outside work and work done on Saturdays, Sundays and Holidays, shall be performed to completion between the hours of 5 p.m. and 8 a.m. unless otherwise specified herein or agreed upon. If services are scheduled for city holidays, they will be performed the following night. Upon request, a responsible representative of the Contractor shall be available during office hours for joint inspection of the premises, consultation and /or receipt of instructions. 8. EQUIPMENT AND SUPPLIES: a. Unless otherwise specified herein, the City shall provide supplies, including but not limited to, toilet tissue, paper towels, toilet seat covers, and plastic trash bags. The Contractor shall make arrangements to secure the supplies furnished by the City. No supplies furnished by the City will be removed from the premises. The City will provide a janitorial closet for use by the Contractor. b. The Contractor shall supply all necessary tools, equipment, waxes, strippers, cleaners, brooms, mops, buckets, buffers and all other tools and supplies not stated herein as being supplied by the City. Materials shall be first quality, shall give good service and shall give results satisfactory to the City. 9. INSURANCE: Upon the effective date of this Agreement, Contractor shall be required to provide proof of insurance as follows: a. Worker's Compensation coverage in at least the minimum amounts, as required by Florida Statutes. b. General Liability coverage due to bodily injury or death of any person or property damage arising out of this Contract or any Services provided hereunder. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence. The insurance required by this section shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City and the Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured." The Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall continuously maintain such insurance in the amounts, type, and quality as specified herein. In the event Contractor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Contractor. c. All employees working on City premises must be bonded (minimum $25,000). 10. NON - EXCLUSIVITY: a. Nothing contained in this contract shall be construed to limit in any way the City's right to contract for the same or sitnilar services for which the Contractor is engaged hereunder during the term of this contract under any terms and conditions, including, but not limited to any compensation, as the City may, in its sole discretion, deem appropriate. b. Nothing contained in this contract shall be construed to limit in any way the Contractor's right or ability to make its services available to the general public during the term of this contract or to enter contracts or other agreements with any other individual or entity. 11. COUNTERPARTS: This contract is to be executed in duplicate, and each duplicate shall be considered an original copy of this contract by each party for all purposes. 12. ENTIRE AGREEMENT: This contract contains all the terms and conditions agreed upon by the parties. All items incorporated in this agreement by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this contract. 13. SOVEREIGN IMMUNITY: Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 14. ATTORNEYS' FEES: Each party hereto agrees to be responsible for its own attorneys' fees and costs related to any litigation arising out of this Contract. AGREED: THE CITY OF WINTER SP t NGS: MSA CLEANING SYSTEMS, INC.: t 1)1 IAA Kevin/ Smith, C ager Prin Name /Title: 11f DA'L'E: 2.////2_. DALE: ( — Exhibit A GENERAL TERMS AND CONDITIONS 1. ADVANCE PAYMENTS PROHIBITED: No payment in advance or in anticipation of services to be provided under this contract shall be made by the City. 3. ASSIGNMENT: The Contractor shall neither assign this Contract nor any claim arising under this contract without the previous written consent of the City. 4. CHANGES AND MODIFICATIONS: Any change or modification to this contract must be in writing and signed by both parties. 5. CONTRACTOR NOT EMPLOYEE OF THE CITY: The Contractor and his or her employees or agents performing under this contract are not employees or agents of the City. The Contractor will not hold himself /herself out as nor claim to be an officer or employee of the City by reason of this contract. 6. FAILURE TO PERFORM /BREACH OF CONTRACT: In the event non- performance or unsatisfactory performance by the Contractor of any obligation of this Contract or the Contractor is in substantial non - compliance with any of its terms, the City may terminate this Contract under the TERMINATION FOR CAUSE clause. PROVIDED, that the City shall provide written notice to the Contractor of said non- performance or unsatisfactory performance or substantial non - compliance. PROVIDED FURTHER, the Contractor shall have five (5) days after such notice to cure said failure or non - compliance. PROVIDED FURTHER, THAT A MAJOR VIOLATION OF THE CONTRACT SPECIFICATIONS DEALING WITH BUILDING SECURITY COULD RESULT IN IMMEDIATE TERMINATION OF THIS CONTRACT WITHOUT THE FIVE (5) DAY NOTICE REQUIREMENT. 7. GOVERNING LAW: This contract shall be construed and interpreted in accordance with the laws of the State of Florida. The venue of any action brought hereunder shall be in the Superior Court of the State of Florida for Seminole County. 8. INDEMNIFICATION: The Contractor shall protect, indemnify, and save the City harmless from and against any damage, cost or liability including reasonable attorney fees, for injuries to persons or property arising from acts or omissions of Contractor, his employees, agents or subcontractors, howsoever caused. The Contractor will be responsible for any damages sustained by his employees to City equipment and /or fixtures and shall provide all repairs /replacements, as appropriate, at no cost to the City. 9. INDEPENDENT STATUS OF CONTRACTOR The parties to this contract, in the performance of it, will be acting in their individual capacities and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one party shall not be considered or construed to be the employees or agents of the other party for any purpose whatsoever. 10. INDUSTRIAL INSURANCE COVERAGE: The Contractor shall provide or purchase industrial insurance coverage prior to performing work under this contract. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any subcontractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. 11. LICENSING, ACCREDITATION AND REGISTRATION: The Contractor shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements /standards, necessary for the performance of this contract. 12. NONDISCRIMINATION: During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies in the administration of this contract. 13. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS: In the event of the Contractor's noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy in the administration of this contract, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the City. The Contractor shall, however, be given a reasonable time in which to cure such noncompliance. 14. RECORDS, DOCUMENTS, AND REPORTS: The Contractor will retain all books, records, documents, and other materials relevant to this contract for six years after settlement and make them available at all reasonable times to inspection, review, or audit by personnel authorized by the City, federal officials and other officials so authorized by law. 15. REGISTRATION WITH DEPARTMENT OF REVENUE: The Contractor shall complete registration with the State of Florida, Department of Revenue and be responsible for payment of all taxes due on payments made under this contract. 16. SAFEGUARDING OF INFORMATION: The use or disclosure by the Contractor of any information obtained as a result of performance under this contract concerning the City for any purpose not directly connected with the administration of the City or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by written consent of the City. 17. SEVERABILITY: If any provision of this contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect other provisions of this contract which can be given effect without the invalid provision, and to this end the provisions of this contract are declared severable. 18. SUBCONTRACTING: The Contractor shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval from the City. 19. TERMINATION - GENERAL: This contract may be terminated without cause by either the City or the Contractor upon sixty (60) days written notice. 20. TERMINATION FOR CAUSE: The City may, by written notice, terminate this contract for cause, in whole or in part, for failure of the Contractor to perform its obligations under this contract, subject to the provisions of paragraph 6 above. In such event, the Contractor shall be liable for damages as authorized by law. 21. TERMINATION PROCEDURE: After receipt of notice of termination, and except as otherwise directed by the City, the Contractor shall: a. Stop work under this contract on the date and to the extent specified in the notice; b. Place no further orders for materials, services, or facilities except as may be necessary for completion of such portion of this contract as is not terminated; c. Complete performance of any part of this contract as shall not have been terminated by the City; d. Take all action as may be necessary, or as the City may direct, for the protection and preservation of property of the City which is in the possession of the Contractor. Unless otherwise provided in this contract, the City shall pay to the Contractor the agreed upon price for services provided to the City prior to the effective date of termination, unless the termination is for cause, in which case the City shall determine the extent of liability. The City may withhold from any amounts due the Contractor for services such a sum as the City determines to be necessary to protect the City against potential loss or liability. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 22. TREATMENT OF ASSETS: a. Tide to all property furnished by the City shall remain in the City. b. Title to all property furnished by the Contractor shall remain in the Contractor. c. Any property of the City furnished to the Contractor shall, unless otherwise provided herein, be used only for the performance of this Contract during the period the Contract is in force. d. The Contractor shall be responsible for any loss or damage to property of the City (including all related expenses) which results from the negligence of the Contractor. e. Upon the loss or destruction of, or damage to, any City property, the Contractor shall notify the City thereof and shall take all reasonable steps to protect the property from further damage. f. The Contractor shall surrender to the City all property of the City prior to settlement upon completion, termination, or cancellation of this contract. 23. WAIVER: Waiver of any breach of any provision of this contract shall not be considered a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by the Contracting Officer or her delegate and attached to the original contract. Exhibit B JANITORIAL DUTIES SPECIFICATIONS: 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. Duties to be performed in Main Lobby: (3 days a week) 1. All carpet will be vacuumed each time serviced. 2. All hard surface floors will be swept and mopped each time serviced. 3. Baseboards will be cleaned and maintained. 4. Ledges, door frames, decorative plants, furniture, and AC vents will be dusted weekly. 5. All glass doors should be cleaned each time serviced. 6. All trash cans will be emptied and relined each time serviced. 7. Restrooms in lobby should be cleaned and sanitized each time serviced, to include walls, sinks, toilets /urinals, mirrors, countertops and fixtures. Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept , mopped and sanitized Duties to be performed in West Hallway: (2 days a week: preferably on Tuesday and Thursday) 1. All carpet will be vacuumed each time serviced. 2. Baseboards will be cleaned and maintained. 3. All glass doors to be cleaned each time serviced or as needed. 4. All trash cans in common areas will be emptied and relined each time serviced. Individual office trashcans will be accessible by the employees putting them in the hallways; trashcans in the hallways should be emptied and relined each time serviced. 5. Break Room: Kitchen counter tops, microwave (inside and outside), stovetop, oven (inside and outside), outside of cabinets, outside of refrigerator, tables and sinks should be cleaned and sanitized twice a week. Floor to be swept, mopped and sanitized; baseboards need to be cleaned and maintained. 6. Two (2) Main Restrooms should be cleaned and sanitized each time serviced, to include walls, sinks, toilets /urinals, mirrors, countertops and fixtures. Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept, mopped, and sanitized. 7. Small Bathroom in City Manager office should be cleaned and sanitized once a week, to include cleaning and sanitizing walls, sink, toilet, mirror, countertop and fixtures. Trash should be emptied, can relined and paper products and soap restocked. Floors to be swept, mopped and sanitized; baseboards need to be cleaned and maintained. 8. Conference Room should be cleaned twice a week, to include wiping down the table, dusting and vacuuming. 9. Copier Room should be cleaned once a week, to include wiping down counters, dusting copiers and printers, fax machine and vacuuming. Duties to be performed in East Hallway: (2 days a week: preferably on Tuesday and Thursday) 1. All carpet will be vacuumed each time serviced. 2. Baseboards will be maintained clean. 3. All glass doors to be cleaned each time serviced or as needed. 4. All trash cans in common areas will be emptied and relined each time serviced. Individual office trashcans will be accessible by the employees putting them in the hallways; all trashcans in the hallways should be emptied and relined each time serviced. 5. Break Room: Kitchen counter tops, microwave (inside and outside), stovetop, oven (inside and outside), outside of cabinets, outside of refrigerator, tables and sinks should be cleaned and sanitized twice a week. Floor to be swept, mopped and sanitized; baseboards need to be deaned and maintained. 6. Two (2) Main Restrooms should be cleaned and sanitized each time serviced, to include walls, sinks, toilets /urinals, mirrors, countertops and fixtures. Stainless steel should be polished, trash emptied, cans relined and paper products and soap restocked. Floors to be swept, mopped and sanitized. 7. Small Bathroom in Community Development Director's office should be cleaned and sanitized once a week, to include cleaning and sanitizing walls, sink, toilet, mirror, countertop, and fixtures. Trash should be emptied, can relined and paper products and soap restocked. Floors to be swept, mopped, and sanitized; baseboards need to be cleaned and maintained. 8. Conference Room should be cleaned twice a week, to include wiping down the table, dusting and vacuuming. 9. Copier Room should be cleaned once a week, to include wiping down counters, dusting copiers and printers, fax machine and vacuuming. 10. Training Room should be cleaned once a week, to include wiping down tables, dusting computers, and vacuuming. Duties to be performed in Commission Chambers: (2 days a week: preferably Thursday and Saturday) 1. All carpet will be vacuumed each time serviced. 2. Baseboards will be cleaned and maintained. 3. Ledges, door frames, decorative plants, furniture, and AC vents will be dusted weekly. 4. Glass doors should be cleaned each time serviced. 5. All trash cans will be emptied and relined each time serviced. 6. Small kitchen in the back of the chambers: kitchen countertops, outside of cabinets, outside of refrigerator, tables and sinks should be cleaned and sanitized once a week. Floor should be vacuumed; baseboards need to be cleaned and maintained. 7. Restrooms should be cleaned and sanitized each time serviced, to include walls, sinks, toilets, mirrors, countertops and fixtures. Trash should be emptied, cans relined and paper products and soap restocked. Floors to be swept, mopped, and sanitized. Duties to be performed in Cleaning Closets: (As Needed) 1.Both cleaning closets should be kept clean and organized. 2.Both cleaning closets should be locked up at the end of each service. Total Cost Per Month: $800.00 (with trash) The following is a la carte pricing: Buffing /Waxing Floors in Break Rooms — Total of 2: $400.00 Buffing /Waxing Marble Floors in Lobby - $500.00 Buffing /Waxing Floors in Bathrooms — Total of 6 - $1,000.00 Scrubbing Upholstery and Wiping down Chairs in Chambers - $500.00 Cleaning Refrigerators in Break Rooms - $120.00 * * *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. * ** r • • RLIlnsuranceCompany R LI JANITORIAL SERVICE B P O Box 3967 Peoria IL 61612 -3967 Phone: (309)892 -1000 Fax: (309)6834610 Bond No. LFM0014675 Item 1. Name of 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, standard time, on the effective date of the cancellation of this Bond in its entirety. Item 3. Limit of liability: $ 25.000.00 I. INSURING AGREEMENT In consideration of an agreed premium, the RLI Insurance Company , an Illinois corporation (the "Company "), hereby agrees to indemnify FA Cleaning Systems DBA dha MSA Cleaning Systems of Lake Mary . FL (hereinafter called "Obligee "), against Toss of money or 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. 11. DEFINITIONS Employee. The word Employee or Employees, as used in this Bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Obligee, if a corporation, 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 Bond, and whom the Insured compensates by salary, or wages or has the right to govern and direct in the performance of such service, and who are engaged in such service within any of the States of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same character. W. GENERAL EXCLUSIONS A. Acts Committed by You or Your Partners: This Bond will not pay for loss resulting from any dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. FID 0100 (2/93) Page 1 of 4 Pages F0010207 -30,15 r B. Indirect Loss: This Bond will not pay for a Toss that is an indirect result of any act covered by this Bond including, but not limited to, loss resulting from: (1) Your inability to realize income that you would have realized had there been no Toss of, or Toss from damage to, covered property. (2) Payment of damages of any type for which you are legally liable; but, we will pay compensatory damages arising directly from a loss covered under this Bond. (3) Payments of costs, fees or other expenses you incur in establishing either the existence or the amount of loss 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 shalt 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 under this Bond as a result of such merger or consolidation computed pro rata from the date of such merger 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 Obligee or otherwise. If prior to the issuance of this Bond, any fidelity insurance 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 Employees within the coverage of this Bond. D. Loss, Notice, 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 swam to, and shall upon request of the Company render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this Bond shall be brought before the expiration of two months from the filing of proof as aforesaid on account of such loss, 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 or made void by any law controlling the construction of this Bond, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. FID 0100 (2/93) Page 2 of 4 F0010207 -30,15 r' • 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 proper jurisdiction. 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 recoveries, except from suretyship, insurance, 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 remainder shall be applied 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 committed by any Employee of Obligee, unless the amount of such loss or losses, after deducting the net amount of all reimbursement and /or recovery, including any cash deposit taken by the Obligee, obtained or made by the Obligee or the Company on account thereof, prior to payment by the company of such Toss or losses, shall be in excess of ONE HUNDRED DOLLARS ($100.00), and then for such excess only, but in no event 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 apply to each Employee 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. I. 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 loss or losses thereunder are discovered, the total liability of the Company under this Bond and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under this Bond on such loss or losses or the amount available to the Obligee under such other bonds or policies, as limited by the terms and conditions thereof, for such toss 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 regular employ 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 may, at our option: (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 in and to those "securities;" (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities." However, 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: (1) Value of the "securities" at the close of business on the day the loss was discovered; or (11) Limit of liability. FID 0100 (2/93) Page 3 of 4 Pages F0010207 -30,15 (3) Loss of, or loss from damage to, "property other than money and securities" or loss from damage to the "premises" for not more than the: (a) Actual cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or "premises;" or (c) Cost of replacing the property with property of like kind and quality. 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 Employee: (a) immediately upon discovery by the Obligee, 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 12:00 o'clock night, standard time, upon the effective date specified in a written notice served upon the Insured or sent by mail. Such date, if the notice be served, shall be not less than ten days after such service, or, if sent by mail, not Tess 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 at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served by the Obligee 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 Tess 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. 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 6th day of February , 2012 . Countersignern RLI Insurance Company , fir- — By: tiJ By: /) Authorized Individual Roy C. Die f Vice President t /-o „ \ ` U g U� �, T11111 It uu' N/�l SEAL FID 0100 (2/93) Page 4 of 4 Pages F0010207 -30,15 ACORD, DATE (MM/DDNYYY) C O CERTIFICATE OF LIABILITY INSURANCE I 02/07/2012 PRODUCER Phone: (813) 889 - 0019 Fax: (813) 889 - 0076 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OTERO INSURANCE GROUP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7520 W WATERS SUITE 4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TAMPA FL 33615 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Agency Licit: L010284 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers FA CLEANING SYSTEMS, LLC ID 572436 INSURER B: Travelers DBA MSA CLEANING SYSTEMS INSURER C: Travelers 7025 COUNTRY RD 46A #1071 -367 LAKE MARY FL 32746 INSURER D: RLI Insurance Company INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC DATE (MM/DDIYY) DATE (MMIDDIYY) GENERAL LIABILITY 660- 7A955693 10/07/11 10/07/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100000 PREMISES (Ea ocanence) + I CLAIMS MADE © OCCUR MED. EXP (Any one person) $ 5,000 A NO PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 POLICY n .I n LOC $ AUTOMOBILE LIABILITY BA- 251M1766 10/07/11 10/07/12 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 500,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B NO --., HIRED AUTOS _ BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ — OCCUR Q CLAIMS MADE AGGREGATE $ _ $ $ DEDUCTIBLE — RETENTION $ $ WCSTATU- I I OTHER WORKERS COMPENSATION AND UB- 7A68095 -7 -11 10/07/11 10/07/12 i TORY LIMITS EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EMPLOYEE $ 1,000,000 (Mandatory In NH) If yea, deacnbe under SPECIAL PROVISIONS below E DISEASE - POLICY LIMIT $ 1,000,000 OTHER Janitorial Service Bond LFM0014675 02/06/12 02/06/13 $25,000 Bond D DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Winter Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS 1126 East State Road 434 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO Winter Springs, Florida 32708 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: Jeff Giles ACORD 25 (2009/01) Certificate # 2363 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM TO CITY OF WINTER SPRINGS JANITORIAL SERVICES CONTRACT PO # 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: SA CLEANING CLEANING SYS.T'EMS,�NC.: Ke • . Smith, ity IVla Print Name /Title: WC P DATE: 4 1 1 "1 Z .- / ('L t I 1 DATE: t(