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HomeMy WebLinkAboutECAT10-006 D and D Manzanares dba ServiceMaster Commercial Cleaning Solutions FIRST AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF JANITORIAL SERVICES AT THE EAGLE COUNTY AIRPORT TERMINAL This FIRST AMENDMENT to the Agreement for the Performance of Janitorial Services at the Eagle County Airport Terminal is between the Eagle County Air Terminal Corporation, a nonprofit corporation of the State of Colorado ( "CORPORATION ") and D and D Manzanares, Inc., d/b /a ServiceMaster Commercial Cleaning Solutions ( "Contractor "). RECITALS WHEREAS, the Parties entered into an Agreement for the Performance of Janitorial Services at the Eagle County Airport Terminal dated January 31, 2006 ( "Original Agreement "); and WHEREAS, the Parties desire to extend the Original Agreement for a period of 5 one (1) year; terms and WHEREAS, the Parties desire to modify the compensation and payment during the revised term and make other changes as set forth herein. AGREEMENT THEREFORE, in consideration of the mutual covenants contained herein and in the Original Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Corporation and Contractor agree as follows: SECTION 4. Time of Performance and Termination shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment: "4. Time of Performance and Termination: a) The initial term of this Agreement shall be from November 1, 2010 to October 31, 2011. The term shall automatically renew for an additional one year term commencing November 1 of each consecutive year for four (4) additional years unless one of the parties gives notice in writing to the other, at least sixty (60) days before the anniversary, of its intention not to renew. Any such renewal shall be subject to the same terms and conditions as set forth in this agreement. b) Notwithstanding anything herein to the contrary, Corporation may terminate this Agreement immediately, in whole or in part, for its convenience upon providing notice to the Contractor. Such termination shall be effective upon receipt of the notice by Contractor or upon such other date as specified by Corporation." SECTION 5(a). Compensation and Payment shall be deleted in its entirety and replaced with the following effective upon the execution of this First Amendment. The remainder of Section 5 shall remain unchanged. 1 "5 Compensation and Payment. In consideration of its performance of the Services, the Contractor shall be paid as follows: a) Corporation will pay for service and materials as explained in the Exhibit A and the 2010 Contract Extension Proposal attached to the First Amendment as Exhibit Al. Services shall be billed monthly at the rates and schedule established in Exhibit Al." CORPORATION and CONTRACTOR agree that, except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this First Amendment and the Original Agreement, the provisions of this First Amendment shall control. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. / /REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK// 2 IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT effective as of the date first written above. CORPORATION: 1 Eagle County Air Terminal Corporation By: Sara J. Fisher, esident CORP 1 RATION: D and 1 anzanares, Inc. By: 1 IAA 4,1 :_ Dan Manzanares, 'resi. 410 AO ■ I I I 3 EXHIBIT Al 2010 Contract Extension Proposal Eagle County Airport Terminal Date: September 1, 2010 % 0 0 0.00% 2.00% 2.00% 2.00% /o Annual Increase: -5.99 /o -4.16 /0 0.00 /0 2.00 /0 2.00 /0 2.00 /o [A] [B] [C] CURRENT ACTUAL CONTRACT BILLING FOR 5 YEAR EXTENSION RATE November 1, November 1, November 1, November 1, November 1, November November Month 2009 - 2009 - 2010 - 2011 - 2012 - 1, 2013 - 1, 2014 - October 31, October 31, October 31, October 31, October 31, October 31, October 2010 2010 2011 2012 2013 2014 31,2015 November $28,970.00 $32,384 $30,164 $30,164 $30,767 $31,383 $32,010 December $43,564.00 $42,496 $36,844 $36,844 $37,581 $38,332 $39,099 January $44,288.00 $40,394 $38,993 $38,993 $39,773 $40,568 $41,380 February $39,982.00 $36,689 $36,222 $36,222 $36,946 837,685 $38,439 March 839,695.00 836,232 835,257 835,257 835,962 $36,681 $37,415 April $24,781.00 $21,333 $20,779 $20,779 $21,195 $21,618 $22,051 May $13,560.00 $12,692 $12,883 $12,883 $13,141 $13,403 $13,672 June $11,079.00 $10,053 $9,923 $9,923 $10,121 $10,324 $10,530 July $11,805.00 $10,711 $10,573 $10,573 $10,784 $11,000 $11,220 August $11,442.00 $10,382 $10,248 $10,248 $10,453 $10,662 $10,875 September $8,661.00 $7,862 $7,761 $7,761 $7,916 $8,075 $8,236 October $13,560.00 $12,692 $12,883 $12,883 $13,141 $13,403 $13,672 Total $291,387 $273,920 $262,530f $262,530f $267,7810 $273,1361 $278,599 Summary: ServiceMaster's 5th year of our 5 year annual contract price[A]: $291,387 In October 2009, without request from airport management, I took in account the current economic conditions and began billing the reduction [B]: - $17,467 -6.0% As the 'economic' conditions continue, I was requested to review all my numbers and find ways of reducing cost. The projection that was communicated to me was that EGE expected a slight decline in passenger travel over the next 2 years. ServiceMaster is asking for your consideration a 5 year extension where the first year of the new contract would reflect and additional savings[C]: - $11,390 -4.2% Total Savings comparing the 5th -year signed contract and the 1st year of a 5 -year extension: - $28,857 - 10.15% Proposed Changes: 1. ServiceMaster will apply a new Urethane coating every 18 -24 months to VCT flooring. a. Replacing the bi- annual Strip & Refinish and reapplying acrylic floor finish. b. Urethane coatings are more durable, remain shining longer and are low in VOC's. 2. ServiceMaster is committed in qualifying EGE GreenSeal's GS-42 Green cleaning Certification, and the following areas will be modified to meet GreenSeal requirements: a. Increase the carpet extraction at the entrances by 2 times per year (January, July) b. The existing schedule of carpet extraction would remain the same (spring & fall) c. Consumables including paper goods and trash liners will be converted to GS-42 standards. d. All equipment will meet GS-42 standards within 12 months of certification. e. At time of this proposal, Eagle County Regional Airport would be the ONLY airport in the USA to hold this certification.