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JANITORIAL SERVICES AGREEMENT
STATE OF TEXAS §
§
~OUNTY OF KERR §
'J This agreement is made and entered into, by, and between Kerr County, Texas, a ody
c~rporate and politic under the laws of the State of Texas, hereinafter referred to as "County,' and
Lluis Venegas, of I~errville, Texas, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, County desires to retain the personal services of Luis Venegas to pro ide
janitorial services in County buildings, including the Ken County Courthouse; and
WHEREAS, Contractor has shown that he possesses the icnowledge, expertise, and abili to
p~form such services; and
' WHEREAS, Contractor represents that he possesses all necessary equipment to perf rm
su~h 'services;
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WHEREAS, Contractor agrees that he is an independent contractor and not an employe of
the County;
NO W, THEREFORE, in consideration of the mutual covenants, agreements, and benefi to
bot~ ~arties herein named, it is agreed as follows:
' I. SERVICES AND MANNER OF PERFORMANCE
During the term of this Agreement, Contractor sha11 perform certain specified perso al
ser~ices generally described as Janitorial Services, hereinafter referred to as "Services," as m re
full~ described in Exhibit A, atta.ched hereto and incorporated by reference herein.
!' Contractor sha11 provide these services at such times and places as may be requested
tim~ 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 Monc
thro~Zgh Friday, 8:00 A.M. to S:OO P.M., excluding holidays. Services designated as daily shall
perfprmed five (5) times per week. Contractor will not be obligated to perform Services on ~
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 equip
supplies used must be capable of producing quality results. In the event, Contractor with pf
uses County supplies, he shall document said usage by product in writing on a daily basis and
document with his full name and date.
(3~ Contractor shall notify the County of any inoperative or defective fixtures or damage i
tht County's buildings. Contractor will also report to County any infestation of insects or ro
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(4 Gontractor's janitorial service personnel shall sign in and out of the building each c
re ister provided and shall use their full names, not initials, when signing in and out. In the
tin~e-clock is provided by the County, Contractor shall follow proper procedures for using ~
clqck each day.
(5}i ' Neither Contractor, nor his employees, sha11 a11ow extra keys to County's buildings to t
wi~hqut prior written approval from County. Upon termination of this Agreement, all keys ~
retiUrned to County immediately and failure to do so may delay Contractor's final payment. In tt
Co~tractor or his employees should lose keys to County's buildings, and County is required to
an~ or all locks, Contractor shall be required to pay for the new keys and locks as well ;
installation.
(6) e Neither Contractor, nor his employees, shall permit loitering by any unauthorized per
per$ons during the time that Contractor and/or his employees aze performing Services, an~
Contractor or his employees who are actually engaged in performing Services are permitted to bf
bui~tling.
(7) ` Neither Contractor, nor his employees, sha11 use County phones for long distance calls.
(8) = Neither Contractor, nor his employees, shall use County office equipment. Any theft or d;
to Cnunty equipment which results from negligence or unauthorized use by Contractor or his emp:
sha1~ be the sole responsibility of Contractor, and Contractor agrees to bear a11 costs arising the.
' II. TERM OF AGREEMENT
The term of this Agreement shall commence on October 1, 2009, and end on Septemb~
2010, unless the term of this Agreement is terminated sooner in accordance with its provisions.
: Thereafter, this Agreement shall be renewed automatically for successive one year peric
one(~) year each, commencing on October 1 of each year, unless written notice of terminati
prov ded by either party at least thirty days prior to the commencement date of the renewal te~
ques~ion.
County certifies that, for the part of the term of the Agreement running from October l, 2(
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nt and
iission
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~o September 30, 2010, sufficient funds have been appropriated from current sources of reve ue to
dischazge County's obligation. If sufficient funds are not appropriated from current sour es of
revenue in succeeding fiscal years during the term of the Agreement, the Agreement shall te nate.
County shall give Contractor notice at least thirly (30) days prior to the beginning of County's iscal
yKear if County will not appropriate sufficient funds during that fiscal year to discharge Co ` ty's
obligation under this Agreement.
III. TERMINATION
;' The tertn of this agreement may be terminated by either party givin~ the other party '
(~0) days written notice of termination. Any notice permitted or required to be given hereun r to
G~.ontractor shall be given by registered or certified United States Mail, postage prepaid, re ed
r~ceipt requested, addressed to
A~y notice permitted or required to be given hereunder to County shall be given by register d or
c~rtified United States Mail, postage prepaid, return receipt requested, addressed to Kerr C, ty
J~d~e, 700 Main Street, Kerrville, Texas 7802 8. A ny notice mai led by registered or certified U`'ted
S~ates Mail, posta.ge prepaid, return receipt requested, shall be deemed given upon deposit o the
notiee into the United States Mail.
IV. PAYMENT
` County hereby agrees to pay Contractor $625.00 per month for performing Servic in
accordance with Section I, above. This rate is for the time Contractor actually devotes to' the
pe~rfqrmance of this Agreement and shall not include sick leave, holidays, or any other fr ge
be~efits. This rate is calculated based on services provided at the County Court House, The ` 6`"
Adult Probation Offices, and the Union Church. In the event that the square footage covered by, 's
Agreement is decreased or increased, an Amendment to Exhibit B shall be approved by the p es,
an~i the rate under this Agreement shall be figured according to the new amount of square foo ge.
Th~s .f~greement shall be applicable to any building owned by County upon amendment of Exhi t B
to ~d~ntify the building and the amount ~of square footage contained therein. Additional rk
rec~uested by County and pre-approved by County Judge shall be paid at the rate of $10.00 per h ur.
V. BTLLING
On or about the last day of each calendar month, beginning in October 1, 2009, ' d
cor~tinuing until the expiration or termination of this Agreement, Contractor will submit to Coun a
sta~ertlent for his services for such calendar month. Such statement shall be sworn to be true d
cor#ect by Contractor and shall show the date or dates that he performed Services and any o er
de 'l~ of work that sha11 be requested by the County Auditor for verification purposes. The Co ' ty
sha~l pay Contractor from this stafement within thirty (30) da s of its recei t. ~
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VI. RELATIONSHIP 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 ofhis employees or agents be cons~ ered
~ be employees of County or any department of County. County shall not direct or sup rvise
eontractor or his employees as to the manner, means, andlor methods by which he performs Se ices
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 an and
a11 claims, demands, and causes of action of every kind, including the costs incurred by Co ty in
defending against the same, occurring or otherwise incident to, in connection with, or arising ut of
ti~e 'Services to be performed by Contractor, his employees, and agents. Contractor shall arry
g~neral liability, property damage, and workers' compensation insurance and agrees to 'sh
Gounty with certificates of coverage under such insurance.
VIII. COMPLIANCE WITH APPLICABLE LAW
Contractor agrees to comply with all applicable federal, state, and local laws, regulat ns,
rujles, 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
ur~derstood and agreed that if either party hereto refuses or fails to perform timely any one or mo of
th~ undertakings and obligations that are to be performed hereunder, the other party sha11 hav the
right to terminate this Agreement upon ten (10) days written notice to the defaulting party. Wi 'n
ter} (10) days after the effective date of any notice of termination under this section, Contractor s all
submit his statement of services for the month in which termination occurs in the manner set: ut
abqve for monthly statements.
X. NO OR.AL AGREEMENTS; PRIOR AGREEMENTS SUPERCEDED
This instrument contains the entire agreement between the parties hereto relating to the;
her~in granted and the obligations herein assumed. Any oral representations or modific~
concerning this instrument sha11 be of no force or effect. Any modifications to this Agreement
be ~ffective only if in writing and signed by all parties.
XI. CONFIDENTIALITY
; Contractor agrees that there is personal and confidential information maintained and
ava.~~able in multiple County building locations. Contractor agrees to mainta,in absolute
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~conr~dentiality of all County electronic and paper documents. Contractor understands that
~e or any of his employees disclose said confidential information he may be subject to Fec
#~nd State civil and criminal penalties. Contractor fiirther agrees to indemnify County from
and all claims, demands, and causes of action, including costs incurred by County, in defe~
S~ame, occurring or otherwise incident to disclosure of confidential information.
EXECUTED in duplicate originals on this the day of
~~09.
ICERR COUNTY, TEXAS
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"' r~ttvL~Y, Kerr County Judge ~ ~ ~
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~' LU S VENEGAS
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