|
<br />Page 1 of 2
<br />
<br />
<br />Services Agreement
<br />
<br />THIS JANITORIAL and MICROBIAL PREVENTATIVE SERVICES AGREEMENT (“Agreement”) is effective by and between Marsden Bldg
<br />Maintenance, LLC (hereinafter referred to as "VENDOR"), and City of Lino Lakes (hereinafter referred to as "Customer") (VENDOR and Customer
<br />shall be collectively referred to as the “Parties”).
<br />
<br />1. Engagement. Customer engages and hereby employs
<br />VENDOR as an independent contractor to provide janitorial
<br />and microbial preventative services for the building(s)
<br />located at 600 Town Center Parkway, Lino Lakes, MN
<br />55104, 1189 Main Street Lino Lakes, MN 55104,7741
<br />Lake Drive, Lino Lakes, MN 55104, and 1710 Birch
<br />Street, Hugo, MN 55038 to begin on January 11, 2021.
<br />
<br />2. Term. This agreement shall be considered "month to
<br />month" in nature, and may be cancelled by VENDOR or
<br />Customer, with or without cause, upon giving thirty (30) days
<br />written notice.
<br />
<br />3. Services. The janitorial and microbial preventative services
<br />and levels of service available from VENDOR are identified
<br />on the attached Exhibit A. If Customer desires VENDOR to
<br />provide additional services, products, and/or equipment
<br />beyond the scope of the Services identified in the Exhibit A,
<br />the Parties shall mutually agree in writing as to whether, and
<br />on what terms, the additional services, products and/or
<br />equipment shall be provided. VENDOR agrees to provide
<br />products and equipment necessary to perform the services
<br />described in the attached Exhibit A.
<br />
<br />4. Compensation. Customer shall compensate VENDOR for
<br />the Services in the amount of $3,856.00 per month for 5x
<br />per week Janitorial Services at 600 Town Center
<br />Parkway, Lino Lakes, MN, $1,044.60 per month for 3x per
<br />week Janitorial Services at 1189 Main Street, Lino
<br />Lakes, MN, $631.58 per month for 2x per week Janitorial
<br />Services at 7741 Lake Drive, Lino Lakes, MN 55104, and
<br />$691.82 per month for 2x per week Janitorial Services at
<br />1710 Birch Street, Hugo, MN 55038 per month. Customer
<br />agrees that the compensation is subject to escalation by
<br />reason of increases in the State or Federal Minimum Wage
<br />law as well as any consumables pricing change as
<br />manufacturers pass increases to VENDOR’s distributor.
<br />VENDOR will attempt to provide Customer with advanced
<br />notice in the case of such an increase.
<br />
<br />5. Payment Terms. VENDOR invoice terms call for payment
<br />net 10 days upon receipt. VENDOR does not accept
<br />payment by credit card. Interest will accrue on all invoices
<br />that are not paid in full within 10 days of the date of the
<br />invoice at the rate of 18% per annum. Failure to pay invoices
<br />within ten (10) days will be considered a breach of this
<br />contract and could result in discontinuance of our services
<br />without prior notice. VENDOR shall be entitled to recover all
<br />legal costs incurred (including reasonable attorneys’ fees) in
<br />collecting payment from Customer. Any deviations from
<br />these payment terms must be approved in writing by
<br />VENDOR.
<br />
<br />6. Insurance. VENDOR shall maintain workers’
<br />compensation, bodily injury and property damage liability
<br />insurance for the term of this Agreement. Certificate naming
<br />Customer as additional insured is available upon request.
<br />
<br />7. Warranty Disclaimer. Customer understands and agrees:
<br />(i) the Microbial Preventative Services are preventative in
<br />nature; (ii) VENDOR is not a consultant and cannot advise
<br />Customer on the appropriate level of service for Customer’s
<br />facility; and (iii) VENDOR cannot and does not guarantee
<br />the effectiveness of the Microbial Preventative Services at
<br />preventing infection, that Customer’s facility will be free of
<br />microbes, or that people who enter the facility will not get
<br />sick. VENDOR MAKES NO REPRESENTATIONS OR
<br />WARRANTIES REGARDING THE MICROBIAL
<br />PREVENTATIVE SERVICES. VENDOR DISCLAIMS ALL
<br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
<br />WITHOUT LIMITATION, ANY WARRANTY OF
<br />MERCHANTABILITY OR THAT SUCH MICROBIAL
<br />PREVENTATIVE SERVICES WILL BE FIT FOR
<br />CUSTOMER’S PARTICULAR PURPOSE.
<br />
<br />8. Indemnification. VENDOR shall defend, indemnify and
<br />hold Customer harmless from and against all claims, liability,
<br />costs, or expenses for any injury or death to any person or
<br />damage to any property arising out of or in any way relating
<br />to any act or omission of VENDOR at VENDOR’s sole
<br />expense, except for any illness, injury, claims, liability, costs,
<br />or expenses arising from or relating in any way to any
<br />microbial, viral, or bacterial outbreaks or infections.
<br />
<br />Customer shall defend, indemnify and hold VENDOR
<br />harmless from and against all claims, liability, costs, or
<br />expenses for any injury or death to any person or damage
<br />to any property arising out of or in any way relating to any
<br />act or omission of Customer at Customer’s sole expense.
<br />
<br />9. Limitation of Liability. VENDOR shall not be liable for
<br />indirect or consequential, incidental, exemplary, punitive or
<br />special damages, including, without limitation, business
<br />interruption, lost business, or lost profits damages, even if
<br />such VENDOR has been advised of the possibility of such
<br />Page 26 of 30
|