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Home My WebLink About*AGMT - Royal Crest Building Maintenance , :- 1 e (put a."24..e-a‹, / I /9 8 Janitorial Service Agreement • THIS AGREEMENT made this 11 day of January Between the CITY OF SEAL BEACH, a municipal Corporation, hereinafter referred to as "City", and Royal Crest ?Building Maintenance, Inc. Hereinafter referred to as "Contractor RECITALS: A. Contractor hereby declares he/she has experience in providing janitorial service to buildings of the type owned and used by the City. B. The attached Janitorial Specifications and Contractors Proposal dated October 1, 1998, are incorporated into this Agreement. C. Contractor hereby declares he /she has the equipment, facilities, and qualified personnel for doing such work. WITNESSETH: NOW, THEREFORE, the City and Contractor agree as follows: A. That the term of this Agreement shall commence on December 1, 1998 and shall terminate on November 30, 2000 unless first extended by mu- tual written consent of both parties as called out in the Janitorial Specifi- cations 100.8. B. This Agreement shall be subject to a thirty (30) day written cancellations notice if one or both parties elect to terminate the Agreement. C. Insurance: Contractor shall procure and maintain for the duration of this Agreement the following policies of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work performed hereunder by Contractor, its agents, representatives or employees. Such policies of insurance shall be placed with insurers admitted to do business in Califomia with a current A.M. Best's rating of A:VII or better, unless an otherwise acceptable insurer is approved in writing, and in advance, by the City. A. Scope and Limits of Coveraae: At a minimum, the policies of insurance required hereunder shall meet the following specifications: (1) A policy or policies of Commercial General Liability insurance with minimum limits of one million dollars ($1,000,000) per occurrence for any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Such coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Commercial General Liability Insurance or other form with a general aggregate is used, either the general aggregate limit shall apply sepa- rately to the services performed under this Agreement, or the general aggregate limit shall be twice the required occurrence limit. (2) A policy or policies of Automobile Liability insurance with a minimum limit of one million dollars ($1,000,000) per accident for bodily injury and property damage as a result of wrongful or negligent acts by Con- tractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Such coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of Califor- nia, and Employer's Liability Insurance with a minimum policy limit of one million dollars ($1,000,000) per accident for bodily injury and dis- ease. Such policies of insurance shall cover all persons who provide services on behalf of Contractor. (4) A Fidelity Bond in the principal amount of fifty thousand dollars ($50,000), in a form acceptable to the City, conditioned on the render- ing of a true accounting by Contractor of all money, goods, checks, or other property which may come into the custody, charge or possession of Contractor during the term of this Agreement. B. Other Insurance Provisions. All such policies of insurance shall, where applicable, contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, agents and volunteers shall be covered as insureds with respect to liability arising out of activities performed by or on behalf of Contractor; products and completed op- erations of Contractor, premises owned, occupied, or used by Con- tractor; and automobiles owned, leased, hired, or borrowed by Con- tractor. The policy or policies of insurance shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. (2) For any claims related to this Agreement, Contractor's insurance shall be primary insurance with respect to the City, its officers, officials, em- ployees, agents and volunteers. Any insurance or self — insurance maintained by the City, its officers, officials, employees, agents or vol- unteers shall be excess of Contractor's insurance and shall not con- tribute with Contractor' s coverage. , (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • (5) Each policy of insurance required by this Agreement shall be endorsed to state that coverage shall not be suspended, non — renewed, voided, • canceled by either party, reduced in coverage or in limits, or otherwise modified (except through the addition of additional insureds to the pol- icy) except after thirty (30) days written notice to the City by certified mail, retum receipt requested. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage without having first obtained replacement insurance that complies with the requirements of this Agreement. (6) The insurer shall waive all rights of subrogation against the City, its of- ficers, officials, employees, agents, contractors, subcontractors and volunteers. (7) Contractor shall pay all insurance premiums when due, at Contractor's sole expense. Contractor shall not be entitled to any reimbursement of insurance premiums as a reimbursable expense under this Agree- ment. C. Verification of Coveraae. Contractor shall submit to City (1) insurance cer tificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) original insurance policy en- dorsements indicating compliance with all other minimum insurance re- quirements above, not less than one (1) day prior to beginning of per • formance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled ~Additional Insured Endorse- ment", or a substantially similar form acceptable to the City Attorney. En- dorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf. Contractor's failure to comply with this requirement shall constitute a material breach of this Agreement, for which City shall be entitled to seek all available legal remedies including, without limitation, recision of this Agreement. The City shall not be required to compensate Contractor for any services performed prior to the date certificates of insur- ance and endorsements are presented to the City unless the City shall have first issued a written notice to Contractor to proceed not withstand- ing the requirements of this Agreement. D. Qeductibles and Self- Insured Retention. Any deductibles or self -- insured retention must be declared to and approved by the City prior to the com- mencement of work hereunder. At the sole option of the City, the insurer may be required to reduce or eliminate such deductibles or self— insured • retention's as respects the City, its officers, officials, employees, agents and volunteers. Altematively, the City may require Contractor to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Subcontractors. Contractor shall include all subcontractors as insureds under its policies, or shall furnish separate certificates and endorsements -- \ - • • . for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. F. That during the term of this Agreement, Contractor agrees to perform the services described in the attached Janitorial Specifications to the satisfac- tion of the City. G. In consideration for the Basic Service provided by the Contractor as de- scribed in the Janitorial Specifications, City will pay Contractor $1, .; per month, payable at the end of each calendar month as indicated in the ProposalContractor shall submit monthly in- voices to City within seven (7) calendar days of the end of each calendar month, and such invoices shall be paid by City within 30 days of receipt, except in the case of unsatisfactory work, as provided herein. The City re- serves the right to deduct a portion of the fee for janitorial services not completed in a manner satisfactory to the City. H. Any modification to this Agreement shall be effective only if in writing and signed by both parties hereto. IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be execute by its duly authorized officers the day and year first above written. CITY 9 SEB, r "City" ATTEST: (Compan m- ) BY ,lt . " Contracto