Contract - Janico - 2004-10-28 .. , , , , .
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JANITORIAL SERVICE AGREEMENT
This agreement made this 28th day of October 2004, between JANICO BUILDING
MAINTENANCE, INC. (Contractor) and Costa Mesa Sanitary Department(Owner).
1 Type of Service: Contractor shall provide Janitorial and other related services, in
accordance with the attached specifications which may be requested of Owner or its agent at
the following locations:
2. 628 W. 19th Street Costa Mesa CA 92627
3 Terms of Contract: This contract will be in effect for one year (twelve month period),
commencing on October 29 2004.
4. Termination of Contract: Owner has the option to terminate this janitorial contract by
30 days written notice to Contractor. Contractor reserves the right to terminate the Janitorial
service a greement for n on-payment and may terminate t his agreement b y 30 days written
notice to Owner.
5 Payment: Compensation for services is due no later than 30 days from the date of invoice.
Owner shall pay a late charge of 2 percent per month to Contractor if payment is not received
within 30 days from the last invoice date of the previous month. All fees borne by
Contractor for cost of collection, including attorney fees shall be recoverable by Contractor.
6. Square Footage Calculations Affecting Contract: The price for janitorial service is
based upon Owner's calculation of square footage. Contractor also reserves the right to
measure space and be proportionately compensated. Should this square footage prove to be
inaccurate, Contractor will have the opportunity to adjust price proportionately to reflect this
difference.
7 Occupancy/Vacancy Notification: It is the responsibility of the Owner to notify
Contractor, in writing, five days prior to any change in the occupancy of the building. This
may refer to space occupied or vacated. This notification should include the following:
Suite number, Tenants name, Tenants usable square footage and effective date to add or
delete service. (Suggested form provided by Contractor).
8. Janitorial Service Contract Adjustments: The price for monthly services are based on
wages, associated payroll taxes and insurance, such as Workman s Compensation and
general Liability insurance. Should there be any cost increase in these areas during the term
of this agreement, which Contractor cannot control, Owner agrees to compensate Contractor
for the percentage increase.
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9 Change in Specifications: The price quoted by Contractor is based upon the enclosed
specifications. Should any changes to these specifications occur, the Owner and Contractor
agree to adjust the monthly price to reflect said changes.
10. Obligation of Owner to Contractor's Employees: If employees of Contractor attempt
to contact Owner regarding any issue other than the janitorial specification, it is the
obligation of the Owner to notify Contractor so that Contractor may have the opportunity of
communicating directly with the employee. Owner also agrees not to initiate any contact of
Contractor employees other than performance of duties specified in contract. It is understood
by Owner that all employees of Contractor are employed by Contractor and not by Owner.
Should Owner or any affiliate of Owner engage in any employment arrangement with
Contractor's Employees during the term of this contract or within 120 days following the
contract termination, without written consent, Owner agrees to compensate Contractor a fee
equal to 10 percent of the employees regularly scheduled, annual salary
11. Circumstances Beyond Contractor's Control: The performance is subject to and
contingent upon strikes, accidents, acts of God; fire, weather, government restrictions, armed
hostilities, riots, financial or economic disturbances, and all other events not reasonably
foreseeable and/or beyond reasonable control of Contractor.
12. Insurance: Contractor will maintain at least one million dollars ($1,000,000)
insurance of Workers' Compensation, personal injury and property damage with combined
single limit liability per occurrence. Contractor will furnish to Owner upon request, a
certificate of insurance indicating such coverage.
13 Day-Porter Services (If Applicable); If Contractor is providing Owner with the services
of a Day-Porter, Owner shall indemnify defend, and hold harmless Contractor(its subsidiary
and/or affiliate companies, and the respective employees or agent thereof) from loss, liability
cost, or expense, to the fullest extent permitted by law for any claims or injury or damages
arising out of the Day-Porter's duties and work performed while wider the direction or
control or supervision of Owner's personnel.
14. Hold Harmless: Contractor agrees to hold Owner harmless to all liability claims of
property or persons for loss, damage, or injury arising out of Contractor's negligence during
performance of this contract. Likewise, Owner agrees that its facilities will be maintained in
a safe condition in conformance with Federal, state and local laws, and agrees to hold
harmless Contractor for any liability including attorney's fees caused by Owners failure to
perform this obligation.
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15 Binding: This contract is binding to assigns, agents, representatives, and successors of both
parties.
16. Notices: All notifications are to be delivered to addresses of Owner and Contractor below-
OWNER.
Costa Mesa Sanitary District
628 W 19th Street
Costa Mesa, CA 92627
CONTRACTOR.
Janico Building Maintenance, Inc.
3001 Redhill Avenue, Suite 4-120
Costa Mesa, Ca 92626
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16. Monthly Price for Services: Owner will compensate Contractor for Janitorial services at
the following rate:
$375.00
SUPPLIES (Optional)To be billed separately
Execution of Contract: Subject to the conditions listed in the Janitorial Service Agreement,
service is to commence on October-29th 0e4; executed this 28th day of October, 2004
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APPROVED AND ACCEPTED
Costa Mesa Sanitary District Janie()Building Maintenance
116 ;124.401---
Signature Signature S gnaturc ture
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Date Date
TOTAL P 05
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