ORDER NO. 30283
JANITORIAL SERVICE AGREEMENTS
Came to be heard this the 14th day of May, 2007, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court unanimously
approved by vote of 4-0-0 to:
Approve the Janitorial Services Agreement, as modified today, for the remainder
of this fiscal year through September 30, 2007, and authorize County Judge to sign
same.
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1 ~ I ~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Judge Tinley
MEETING DATE: May 14, 2007
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss, and take appropriate action regarding janitorial service
agreements.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
Judge Tinley and Rex Emerson
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -
15 minutes
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter X51 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous'fuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
JANITORIAL SERVICES AGREEMENT
STATE OF TEXAS §
COUNTY OF KERR §
This agreement is made and entered into, by, and between Kerr County, Texas, a body
corporate and politic under the laws of the State of Texas, hereinafter referred to as "County," and
Luis Venegas, of Kerrville, Texas, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, County desires to retain the personal services of Luis Venegas to provide
janitorial services in County buildings, including the Kerr County Courthouse; and
WHEREAS, Contractor has shown that he possesses the knowledge, expertise, and ability
to perform such services; and
WHEREAS, Contractorrepresents that he possesses all necessary equipmentto perform such
services;
WHEREAS, Contractor agrees that he is an independent contractor and not an employee of
the County;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits
to both parties herein named, it is agreed as follows:
I. SERVICES AND MANNER OF PERFORMANCE
During the term of this Agreement, Contractor shall perform certain specified personal
services generally described as Janitorial Services, hereinafter referred to as "Services," as more fully
described in Exhibit A, attached hereto and incorporated by reference herein.
Contractor shall provide these services at such times and places as may be requested from
time to time by County.
In performing these Services, Contractor shall abide by the following:
(1) Janitorial Services shall be performed outside normal working hours which are Monday
through Friday, 8:00 A.M. to 5:00 P.M., excluding holidays. Services designated as daily shall be
performed five (5) times per week. Contractor will not be obligated to perform Services on any
holidays that County observes by closing it facilities.
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(2) Contractor shall use only rated and tested supplies suitable for the job. All equipment and
supplies used must be capable of producing quality results. In the event, Contractor with permission
uses County supplies he shall document said usage byproduct in writing on a daily basis and sign said
document with his full name and date.
(3) Contractor shall notify the County ofany inoperative or defective fixtures or damage to any
ofthe County's buildings. Contractor will also report to County any infestation ofinsects or rodents.
(4) Contractor's janitorial service personnel shall sign in and out of the building each day on a
register provided and shall use their full names, not initials, when signing in and out. In the event a
time-clock is provided by the County, Contractor shall follow proper procedures for using the time
clock each day.
(5) Neither Contractor, nor his employees, shall allow extra keys to County's buildings to be
made without prior written approval from County. Upon termination of this Agreement, all keys
must be returned to County immediately and failure to do so may delay Contractor's final payment.
In the event Contractor or his employees should lose keys to County's buildings, and County is
required to change any or all locks, Contractor shall be required to pay for the new keys and locks
as well as their installation.
(6) Neither Contractor, nor his employees, shall permit loitering by any unauthorized person or
persons during the time that Contractor and/or his employees are performing Services, and only
Contractor or his employees who are actually engaged in performing Services are permitted to be in
the building.
(7) Neither Contractor, nor his employees, shall use County phones for long distance calls.
(8) Neither Contractor, nor his employees, shall use County office equipment. Any then or
damage to County equipment which results from negligence or unauthorized use by Contractor or
his employees shall be the sole responsibility of Contractor, and Contractor agrees to bear all costs
arising therefrom.
IL TERM OF AGREEMENT
The term of this Agreement shall commence on 2007, and end on
2008, unless the term of this Agreement is terminated sooner in accordance with its provisions.
County certifies that, for the part of the term of the Agreement running from
2007, to September 31, 2007, sufficient funds have been appropriated from current sources of
revenue to discharge Couny's obligation. If sufficient funds are not appropriated from current
sources of revenue in succeeding fiscal years during the term of the Agreement, the Agreement shall
terminate. County shall give Contractor notice at least thirty (30) days prior to the beginning of
County's fiscal year if County will not appropriate sufficient funds during that fiscal year to discharge
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County's obligation under this Agreement.
III. TERMINATION
The term ofthis agreement may be terminated by either party giving the other party thirty (30)
days written notice of termination. Any notice permitted or required to be given hereunder to
Contractor shall be given by registered or certified United States Mail, postage prepaid, returned
receipt requested, addressed to .Any notice permitted or required
to be given hereunder to County shall be given by registered or certified United States Mail, postage
prepaid, return receipt requested, addressed to Kerr County Commissioners Court, 700 Main Street,
Kerrville, Texas 78028. Any notice mailed by registered or certified United States Mail, postage
prepaid, return receipt requested, shall be deemed given upon deposit of the notice into the United
States Mail.
IV. PAYMENT
County hereby agrees to pay Contractor $475.00 per month for performing Services in
accordance with Section I, above. This rate is for the time Contractor actually devotes to the
performance ofthis Agreement and shall not include sick leave, holidays, or any other fringe benefits.
This rate is calculated based on services provided at the County Court House, The 216"' Adult
Probation Offices, and the Union Church. In the event that the square footage covered by this
Agreement is decreased or increased, an Amendment to Exhibit B shall be approved by the parties,
and the rate under this Agreement shall be figured according to the new amount of square footage.
This Agreement shall be applicable to any building owned by County upon amendment of Exhibit B
to identify the building and the amount of square footage contained therein. Additional work
requested by County and pre-approved by County Judge shall be paid at the rate of $10.00 per hour.
V. BILLING
On or about the last day of each calendaz month, beginning in , 2007 and continuing
until the expiration or termination of this Agreement, Contractor will submit to County a statement
for his services for such calendar month. Such statement shall be sworn to be true and correct by
Contractor and shall show the date or dates that he performed Services and any other details of work
that shall be requested by the County Auditor for verification purposes. The County shall pay
Contractor from this statement within thirty (30) days of its receipt.
VI. RELATIONSHII' BETWEEN CONTRACTOR AND COUNTY
In performing any of the Services contemplated by this Agreement, Contractor shall be an
independent contractor. At no time will Contractor or any of his employees or agents be considered
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to be employees of County or any department of County. County shall not direct or supervise
Contractor or his employees as to the manner, means, and/or methods by which he performs Services
under this Agreement, but shall look to Contractor for results only.
VII. INDEMNITY AGREEMENT
Contractor agrees to protect, indemnify, and hold County harmless from and against any and
all claims, demands, and causes of action of every kind, including the costs incurred by County in
defending against the same, occurring or otherwise incident to, in connection with, or arising out of
the Services to be performed by Contractor, his employees, and agents. Contractor shall carry
general liability, property damage, and workers' compensation insurance and agrees to furnish County
with certificates of coverage under such insurance.
VIII. COMPLIANCE WITH APPLICABLE LAW
Contractor agrees to comply with all applicable federal, state, and local laws, regulations,
rules, and ordinances now in effect or that may hereafter be enacted.
IX DEFAULT
Notwithstanding anything herein to the contrary, or that may be construed to the contrary,
it is understood and agreed that if either party hereto refuses or fails to perform timely any one or
more of the undertakings and obligations that are to be performed hereunder, the other party shall
have the right to ternunate this Agreement upon ten (10) days written notice to the defaulting party.
Within ten (10) days after the effective date of any notice of termination under this section,
Contractor shall submit his statement of services for the month in which termination occurs in the
manner set out above for monthly statements.
X. NO ORAL AGREEMENTS; PRIOR AGREEMENTS SUPERCEDED
This instrument contains the entire agreement between the parties hereto relating to the rights
herein granted and the obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force or effect. Any modifications to this Agreement shall
be effective only if in writing and signed by all parties.
XI. CONFIDENTIALITY
Contractor agrees that there is personal and confidential information maintained and
available in multiple County building locations. Contractor agrees to maintaining absolute
confidentiality of all County electronic and paper documerrts. Contractor understands that should
he or any of his employees disclose said confidential information he maybe subject to Federal and
State civil and criminal penalties. Contractor further agrees to indemnify County from any and all
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claims, demands, and causes of action, including costs incurred by County, in defending same,
occurring or otherwise incident to disclosure of confidential information.
EXECUTED in duplicate originals on this the day of
2007.
KERR COUNTY, TEXAS
PAT TINLEY, Ken County Judge
LUIS VENEGAS
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EXHH3IT A
SERVICES TO BE RENDERED
FLOORS
(I) All will be swept and dust-mopped thoroughly with treated cloths daily.
(2) All traffic areas will be wet-mopped daily; all other wet-mopped and buffed weekly.
(3) All scuff marks will be removed.
(4) All will be stripped and waxed semi-annually (March and September); waxed and
buffed monthly in heavy traffic areas.
(5) Floor wax must be IJI, approved and classified as anti-skid or anti-slip wax.
(6) All floors will be maintained so that there will be no discoloration orbuild-up of excess
around exterior edges or of light traffic areas.
(7) All restroom floors will be swept and mopped daily with a disinfectant solution.
(8) All carpet areas will be vacuumed daily, spot cleaned as needed, and thoroughly
cleaned yeazly.
CEII.ING AND AIIi CONDITIONING VENTS
All will be dusted weekly and cleaned monthly.
WALLS
(I) All will be spot cleaned daily.
(2) All will be thoroughly dusted monthly.
(3) All will be cleaned semi-annually (March and September).
OFFICES AND FURNTTURE
(I) All furniture and equipment (desks, telephones, chairs, filing cabinets, etc.) will be
dusted on Friday nights.
(2) All desk tops will be cleaned with proper cleaning materials weekly on Friday.
(3) All file cabinets will be cleaned monthly.
(4) All upholstered furniture will be cleaned weekly.
(5) All plastic chairs will be washed each month.
(6) Drinking fountains ;will be cleaned daily.
(7) All pictures and wall hanging items will be dusted monthly.
(8) All wastebaskets will be emptied and wiped out daily; washed if necessary.
(9) Plastic liners for each wastebasket or trash receptacle will be furnished by the
contractor and changed as needed.
(10) Trash will be removed from office and put in designated container for pick-up.
RESTROOMS
Exhibit A -Kerr County Janitorial Services Agreement -Page 1
(1) All restroom facilities (commodes, urinals, and lavatories) will be cleaned and
disinfected daily, and they will be kept free of stains.
(2) Walls and stalls will be washed and cleaned with disinfectant monthly.
(3) All toilet tissue, towel, and soap units, will be serviced daily (supplies to be furnished
by County)
(4) Trash containers will be emptied and cleaned daily, plastic liners will be changed daily.
WINDOWS. DOORS, AND ENTRANCES
(I) All glass doors will be washed and polished daily.
(2) All woodwork will be spot-cleaned daily and cleaned thoroughly monthly.
(3) All door mats will be cleaned daily.
(4) All entrances, trim, and door vents will be dusted weekly, cleaned monthly.
LIGHT FIXTURES
(1) Light fixtures will be cleaned and washed semi-annually (March and September).
(2) Light bulbs and flourescent tubes will be replaced as needed (these to be furnished
by County).
SPECIAL PROVISIONS
Contractor will provide one (1) full-time employee who will be designated Supervisor and will
be available before, during, and after work hours, and will perform the following duties:
(1) Work very closely with the County Judge to see that the County buildings are kept
clean and ready for use by county employees, county officials, and the general public; and
(2) Report the need for any major repairs (heating, cooling, elevator, plumbing, etc.)
immediately.
(3) The Supervisor shall see that all lights are turned off each night.
(4) The Supervisor shall check all outside doors to be sure that they are properly locked
during the time janitorial services are provided and shall lock all exterior doors before leaving each
day.
(5) The Supervisor shall lock all interior doors after rendering services in respective offices.
(6) The Supervisor shall not allow any person other than his employees access to County
facilities. The County judge may provide written permission for access as an exception to this policy.
Exhibit A -Kerr County Janitorial Services Agreement -Page 2
EXHIBIT B
SQUARE FOOTAGE COVERED BY THE AGREEMENT
I nrrn nrric; I cnt ral~ FOOTAGE
Ken County Courthouse
Ken County Extension /Adult Probation
Building
Union Church
TOTAL
Exhibit B -Kerr County Janitorial Services Agreement -Page I