HomeMy WebLinkAbout22- Professional Services Agreement - Dust Bunnies - Janitorial Services Professional Services Agreement for Janitorial Service at Public Safety Center
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of August, 2022 (“Effective
Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121 North
Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Dust Bunnies Inc., 264 Coral Drive, Belgrade, MT 59714,
hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as
“Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 31st day of August, 2028, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
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agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
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limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Performance and Payment Bonds:
The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City
each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
9. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
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waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Mike Gray, Facilities Superintendent or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Jeff Jacks or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
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12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
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(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
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a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
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Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Dust Bunnies Inc.
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Jeff Jacks
President
EXHIBIT A
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City of Bozeman Janitorial Services Citywide
Job Specifications & Definitions All work required under these specifications shall be in compliance with and meet industry standards.
Product manufacturers' instructions shall be followed, and only the proper product will be used for the task.
The Owner, at its option, may review the techniques employed by the Contractor, and require alternative methods if determined necessary. Administration
• The Contractor will be notified of any errors or omissions when identified by the Owner. The Contractor will remedy the problem in a timely fashion. Periodic meetings, (at least quarterly), will be scheduled to review the performance of the Contractor and to resolve any items of concern to either party. Cleaning times will be established at the beginning of the contract term.
• In the event a dispute arises between what is expected by the Owner and what is expected by the Contractor, representatives of both entities shall meet in an attempt to resolve the issue. In instances where an acceptable resolution cannot be attained, the Owner's position shall prevail.
• The Contractor will supply the Owner with an annual calendar outlining the approximate dates for the quarterly, semi-annual and annual tasks. Notification of scheduling for monthly, quarterly, semi-annual and annual work items shall be submitted to the Owner at least one (1) week prior to performance of the work.
• The Contractor will notify the Owner of any maintenance related issues beyond the scope of the contract. Such things as burned out lamps, vandalism, plumbing related problems or leaks, broken electrical receptacles and other building related problems that might hinder the Contractor from the
efficient completion of their work.
• The work frequencies shown in Attachment A, Frequency and Work Schedules, are minimum criteria. Additional work in some areas may be required in order to maintain the generally agreed upon standards for all buildings.
Supplies and Equipment
• The Contractor shall perform all work as specified. Products for Institutional and Commercial use as specified by the manufacturer will be properly stored and handled, following manufacturer's
instructions. Contractor acquired chemicals or products stored in any Owner buildings are required to have a Safety Data Sheets (SDS) on site at all times.
• The Contractor shall furnish all equipment and labor as specified for completing the work.
Equipment shall be suitable for operation from existing electrical sources furnished by Owner.
Equipment considered by the Owner to be improper or inadequate for the purpose will be removed from the job and replaced with satisfactory equipment by the Contractor.
• For those buildings with specific cleaning requirements, such as green cleaning products, the
Contractor agrees to use only approved products.
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• The following institutional/commercial equipment at a minimum will be deemed acceptable:
o Floor scrubber.
o Commercial (heavy-duty) vacuum. o Commercial Shop Vacuum.
Owner Equipment and Supplies
• Owner equipment will not be made available to the Contractor. The Contractor shall provide all of the necessary equipment for performing the work in the Janitorial Agreement.
• For those custodial products provided by the Owner, (paper products, hand soap, trash bags,
etc.), the Contractor will keep an accurate inventory of products on hand. Contractor shall be
responsible for placing restock orders to maintain inventory levels. Owner shall approve all orders placed by Contractor.
• It shall be the Contractor’s responsibility to ensure that an adequate supply of these products is
readily available in each of the restrooms.
• Funds from the coin operated feminine products dispensers will be used to replace required
product.
Maintenance of Equipment
• All tools and equipment used in the janitorial services shall receive proper care and maintenance and be kept in a good operating condition. All equipment shall be equipment with operable
approved safety devices. Storage Areas and Traffic Areas
• Storage Areas and Traffic Areas – If storage areas are provided to the Contractor by the Owner,
the Contractor shall be responsible for the security, orderliness, and cleanliness. These facilities
are subject to Owner inspection at all times. The Owner will not be responsible in any way for the Contractors supplies, materials, equipment or personal belongings that may be damaged or lost by fire, theft, accident or otherwise.
• All Contractor supplies, equipment and machines shall be kept out of traffic lanes or other areas where they might pose a hazard and shall be secured or removed from the premises at the end of each work period.
Contractor’s Log
• Contractor shall maintain a daily log for each building showing the following information:
o Date
o Name of Contractor employee(s). o Tasks completed during shift. o Note any security concerns or abnormal concerns:
Unlocked doors
Unauthorized entrance or exit
Non-employed personnel in the building
Paraphernalia found in buildings.
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• Items that requiring repair and maintenance by Owners Staff.
• Contractor supervisor shall conduct a weekly inspection of the buildings serviced under this contract and shall complete and sign the weekly inspection form provided by the Owner, certifying that the work has been performed in compliance with contract documents. Inspection sheets will be
available for inspection at all times.
Complaints
• Owner will be responsible for written documentation of complaints received regarding the service provided, forwarding any notice of deficiency in a timely manner. Contractor shall be
expected to respond to the notice of deficiency at the earliest possible date. Services found to be
incomplete, defective or not accomplished as scheduled will be reported to the Contractor for appropriate corrective action. If the existing problem constitutes a hazard or unsafe condition, corrective action shall be immediate, and at no additional expense to the Owner. Otherwise the Contractor shall take corrective action during the next work period. Repetitive nonconformity in
any-one area or consistent overall nonconformance to workmanship and standards may result in
termination of the contract and/or other punitive action as deemed necessary by the Owner.
• Owner at its discretion may reduce payments for unsatisfactory work.
Personnel
• Owner requires that an accurate listing of personnel serving in each of the buildings, including name, work history and residency for past three (3) years, upon request. Any changes in
personnel must be immediately reported to the Owner prior to their performance of any work.
The Owner may require use of photo id badges issued by Owner. Training and Safety
• Contractor shall be responsible for instructing and training their personnel in safe, proper and
specified work methods and procedures. They shall direct, schedule and coordinate all janitorial services and functions to completely accomplish the work as required by contract and as specified herein. The Contractor’s manager shall on occasion or as requested by the Owner, provide inspection and supervision of the work performed.
• Security Training: It will be the responsibility of the Contractor to make sure all their staff is current on any City required security training that is required in specific City facilities. An example of this would be CJIN training.
• City & Personal Property of City Personnel: Contractor shall direct their employees against the unauthorized reading and disclosing of materials and documents available in the facilities of the City and against unauthorized use of City and personal property, such as telephones, radios, copy machines, computers, fax machines, calculators etc., which may be in any of the City facilities. The Contractor shall be responsible to see that Contractor’s employees do not disturb
papers on desks, tables, or cabinets and do not open desk drawers or cabinets. Found item(s) shall be turned in at the end of each shift to the Contractor’s supervisor. The supervisor shall return the item(s) to the City’s Facility Superintendent within (24) hours.
• Telephones: Shall not be used by the Contractor or its employees for personal or business
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
reasons with the following exception(s): to report need of emergency medical aid, fire or need of
law enforcement (use ‘8-911’). Any calls to numbers other than those above will be considered
a violation of this contract.
• Smoking is prohibited in building and only in designated smoking areas if applicable.
Modifications
• The Owner reserves the right to make additions or deletions to areas being serviced, the types of service and/or the scheduled frequency. The Contractor and Owner will adjust the pricing accordingly. Building Security
• It shall be the Contractor’s responsibility to ensure that the buildings and offices are secured while performing their duties. Contractor shall not open doors after scheduled closing times to allow public in buildings. Unnecessary lighting should be turned off to conserve energy.
• Contractor shall verify that all exterior doors that they access while performing their duties are secure when not in use.
• Owner will strictly control all keys to Owner facilities. Contractor shall keep all keys/fobs on site with the exception of exterior door keys/fobs if authorized. Contractor will be liable for the cost of re-keying in the event a key issued to the Contractor is lost. Lost keys should be immediately be reported to Owner.
Emergency Call-Out
• In the event of an emergency, the Contractor may be requested to provide immediate assistance in clean-up. This work shall be performed at a cost not greater than one and one-half times the
standard hourly rate.
Hours of Work
• The work under this contract is to be performed during non-business hours, preferably between closing and midnight, unless directed by building Point of Contact. The Contractor shall not
disrupt the normal daily business while performing their services. The Contractor is expected to
work on scheduled days determined by daily cleaning schedules.
• Contractor will have action plan in place to ensure daily cleaning schedules are not impacted in
event staff are not available for work. Action plan will be available to Owner upon request.
Floor Cleaning and Maintenance Floors will be cleaned and maintained as specified below for each floor care operation. The janitorial services will be accomplished as specified and as required by the frequency schedule and
the approved work schedules.
• Vacuuming or Sweeping: Carpeting will be vacuumed and "spot cleaned" as required. Sweeping of asphalt tile, vinyl tile, rubber tile or ceramic tile floors must be accomplished in accordance with the frequency schedule. Care must be taken during these processes to ensure that all floor areas are
cleaned including, but not limited to, under desks, and that the dirt is simply not transferred to
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
corners. Any furniture, chairs, waste baskets, etc., moved to accommodate these processes will be
returned to their original locations. In most buildings high traffic carpet areas are cleaned on a
schedule basis. The schedule will be coordinated with the Contractor so that other cleaning activities can still occur.
• Damp Mopping: Floors, including stairways and landings will be damp mopped to remove dirt that
remains on the floor surface and cannot be removed by sweeping or dust mopping. Damp mopping
will not begin until after the floor has been thoroughly swept and loose soil has been removed. If there are any employees or members of the public in the building at the time of damp mopping, the appropriate "Caution, Wet Floor" signs shall be provided by the Contractor and posted until the floor is dry.
• Light Waxing: Heavy traffic floor areas (entrances, lobbies, corridors, etc.) and those floors subject to excessive wear, will receive a very light coat or application of wax and be buffed to a uniform sheen at least once a month, and more frequently if determined necessary. Any wax residue on wall bases or unmovable furniture will be removed. This process is to be completed in conjunction with
buffing.
• Scrubbing: A floor that is satisfactory or acceptably scrubbed is without embedded dirt, cleaning solution, film, stains, marks or water. Floors, except restrooms, will be scrubbed only when they
cannot be cleaned satisfactorily by damp mopping or if the flooring materials specifically calls out the cleaning of the floor with a machine scrubber.
• Wax Removal: Wax removal will be accomplished by applying a stripping or wax removing
solution in warm water over the entire floor area exactly as recommended by the manufacturer of the product, to loosen embedded dirt and wax. Residue along floor edges near wall base, immovable furniture, equipment and in corners will be removed manually.
• Waxing and Buffing: As soon as the wax removal has been satisfactorily accomplished, the floor
will be waxed and buffed. A satisfactory or acceptable floor finish has a thin, even coating of wax. Floor will be clean and bright, under furniture as well as in other areas. Do not apply wax within six inches from walls or legs or bases of unmovable furniture. Dusting and Miscellaneous Cleaning A satisfactory or acceptably dusted surface is free of all dust, dust streaks, lint, cobwebs, dirt, or oily streaks. The dust must be removed completely, not scattered around.
• Low Dusting: Includes surfaces less than six feet from the floor, which may include, but may not
be limited to, ledges, support braces, window sills, doors, stair rails, chair rails, base boards. Typewriters, computers, business machines, consoles, plotting boards and equipment of similar nature will not be dusted. No desks are to be included in individual offices, except by specific request, but reception areas, common area tables and desks, (such as those in the library or reading areas in various city buildings), will be dusting on the regular schedule.
• High Dusting: High dusting includes areas over windows and doors, overhead pipes, exposed ducts, ceilings and walls which are six feet or more from the floor. High dusting will be performed before floors are cleaned and before low dusting is undertaken.
• Dusting Heating and Air Conditioning Equipment: All accessible portions of unit heaters, air
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conditioning grills, convectors, diffusers, fans, ceiling vents and radiators will be dusted or
vacuumed. If the grills cannot be cleaned by dusting or vacuuming, they shall be removed and
washed.
• Entryway and Vestibules: Areas around all exterior entryway doors will be swept free of all
gravel, dirt, sand, sticks, and debris for a minimum of 10 feet from the entrance door in order to
minimize the amount of material tracked into the building. The Contractor will not be responsible for the removal of snow or ice. Restrooms Acceptably clean restrooms have a clean and bright appearance and no objectionable odors.
Disinfectant shall be used on all surfaces and fixtures on a daily basis.
• Restroom Floor Cleaning: Restroom floors will be (if concrete, tile, or vinyl) swept and scrubbed
once a day. The immediate areas around urinals will be well scrubbed, using an all-purpose
detergent with a small amount of disinfectant. This process will result in thorough removal of soiling with no residue left in joints, crevices or corners.
• Toilets: When cleaning the bowls, wash and wipe bowl inside and out. If deposits are difficult to
remove, use appropriate cleaning methods to remove deposits. Wash seat, top and bottom with detergent solution, and wipe dry. Wipe tank and cover or flush mechanism and hardware with clean, damp cloth.
• Urinals: When cleaning the urinals, wash and wipe inside and out. If deposits are difficult to
remove, use appropriate cleaner and method to remove deposits. Care must be taken to ensure that the underside of the urinal fixture rim and holes in the bottom and back of all urinals are cleaned.
• Sinks: A satisfactory or acceptably clean sink is free of grease, dirt, soap film and streaks. Chrome
plated hardware will be cleaned with a clean, damp cloth.
• Deodorants and Disinfectants: Various types of disinfectants will be used on toilet bowls, floors, partitions and similar fixtures as necessary. Solid crystal deodorants will not be used in urinals.
Proper cleaning and ventilation eliminates the need for deodorants in toilet rooms.
• Toilet Room Walls, Partitions and Woodwork: The accumulation of dirt on walls and partitions will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be
free of film streaks, deposits and soiling. A disinfectant shall be used as necessary.
• Shower Stalls: The accumulation of dirt on floors and walls will not be allowed. A restroom that is acceptably clean shall include clean joints in the tile, and be free of film streaks, deposits and
soiling. A disinfectant shall be used as necessary.
• Toilet Room Dispensers: Paper towels, toilet tissue and soap dispensers and feminine hygiene dispensers will be checked and refilled daily. An adequate daily supply of materials will be kept
available.
• Waste Baskets and "Special" Waste Baskets in Women's Restrooms: Waste baskets in all restrooms
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will be emptied daily into the main receptacle, immediately prior to emptying of the main receptacle
into the outside dumpster.
Miscellaneous Cleaning and Maintenance
• Drinking Fountains: All drinking fountains will be cleaned daily. Appropriate cleaners shall be
used when cleaning surfaces to ensure no damage occurs, while removing water spots and stains.
• Kitchen/Breakrooms: Pick up trash, empty all waste receptacles, reline receptacle with liner. Clean
countertops, tabletops, chairs, and sinks. Stock paper products if needed, spot clean front of
cabinets and major appliances. Clean in-side of microwave ovens if present weekly.
• Glass Cleaning: All glass will be cleaned with a mild glass cleaning solution. Adjacent trim will be wiped clean with a damp cloth where soiled by spillage or by smears in the glass cleaning
operation.
• All glass, including mirrors, glass cabinets, display cases, and partitions (glass or plastics) will be cleaned in accordance with the frequency schedule.
• All glass windows and doors will be spotted and cleaned in accordance with the frequency schedule.
• Spot Cleaning: Walls, wainscoting, doors and trim will be cleaned when necessary to remove
small or spot areas of dirt, grease stains or friction marks. Care will be taken to perform spot cleaning without damage to the surface finish and to provide an overall uniform appearance substantially free of cleaning marks after spot cleaning.
• Cleaning and Polishing Furniture in Public Areas: All finished surfaces will be cleaned and receive an adequate application of furniture polish to remove dirt, and leave a gloss or sheen. Polish shall not leave surface oily, sticky, or injure varnish and enamel. All furniture, metal, wooden or upholstered, will be free of all wax, scuff marks, water marks and cobwebs. Metal surfaces will be
cleaned. Care must be taken not to damage the finished surfaces.
• Emptying and Cleaning Waste and Recycling Receptacles: The main waste receptacles and recycle receptacles in common areas will be emptied daily and deposited in collection containers provided
for that purpose. Receptacles will be kept free of deposits, dirt streaks, and odors. Individual office
recycling and trash receptacle will be emptied by staff members. Contractor will supply trash bags for office trash receptacles. The common office paper recycling and cardboard storage containers will be emptied as needed or at least every other week and deposited in the collection containers provided for that purpose on site.
• Blinds: All blinds in compliance with the attached schedule. Acceptably clean blinds will be free of dust, dirt, deposits and film. Paint coatings, plastics and fabrics will not be damaged.
• Light Fixtures: All exposed light fixtures and accessible components including lenses, louvers and housings, will be cleaned with a clean damp cloth and appropriate cleaners. Lenses shall be removed once a year to remove dead flies, bugs, etc. and to clean the inside of the lens. Burned out
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
lamps will be documented in the weekly report.
• Cleaning Mats: All entrance mats will be vacuumed daily. All dirt and dust deposits underneath the mats will be removed and the mats replaced after cleaning.
• Ash Trays/Receptacles: All ash trays/receptacles will be emptied on a weekly basis or more often
as need.
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
Building: Public Safety Center
Location: 901 N. Rouse Avenue
Size of Building: 86,250 square feet
• 1st Floor Area A
o Common Areas
o Police Department Office Space
• 1st Floor Area B:
o Internal Secure Common Area, Gym, Restroom:
o Police Department Offices, Sally Port, Evidence, Fire Department Work Areas
• 1st Floor Area C:
o Fire Department Truck Bay
• 1st Floor Area D:
o Common Areas
o Fire Department Office Space
o Fire Department Living Quarters
• 2nd Floor Area A:
o City Attorney, Municipal Court, and Victim Services Office Space. Court Room’s A, B, & C
• 2nd Floor Area B:
o IT Office Space, Training Room Area
o Police Locker Room, and Bunk Room
• 3nd Floor Area A & B:
o Facilities Office Space
o Mechanical Spaces, Janitorial Equipment Storage
Public Hours of Operation: Monday – Friday, 8:00am to 5:00pm
Internal Operations for Police Department & Fire Departments are 24/7
Additional Information: Additional evening meetings could be scheduled in community room for
afterhours use during the week.
Building shall be cleaned 5 nights per week, Monday thru Friday. Work should be performed after
normal business hours.
Scope of Service & Frequency
Public Safety Center
Item Performance Requirements Timeline S M T W T F S
1 Maintain Required Records Daily X X X X X
2 Common Areas/Reception Areas –Both
Public and Staff Areas
Polished Concrete Floors: Floor Scrub
nightly or dry mop & wet mop
Vacuum carpeted areas, including entry
area mats
Daily X X X X X
Sweep hard floors including entry areas,
and common area stairs
Daily X X X X X
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Wet mop hard floors with cleaner
including under mats. This includes any
common area stairs.
Daily X X X X X
Pick up trash, empty all common area
waste receptacles, place liner in
receptacle, pick up trash
Daily X X X X X
Empty recycling receptacles, place in
large building containers or take to
dumpster enclosure
Weekly X
Clean entry glass – inside and out,
(weather permitting)
Daily X X X X X
Spot clean interior glass, light switches,
doors, door frames, general areas as
needed
Daily X X X X X
Disinfect and polish drinking fountains Daily X X X X X
Dust and spot clean glass display cases Weekly
Dust and wipe chairs, desks, tables,
counters, artwork, reachable partitions
Weekly
Clean and polish furniture in public
areas
Monthly
Clean all glass furniture and display
cases in public areas (horizontal and
vertical)
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Spot clean carpet As Needed
High Dusting Monthly
3 Public Restrooms
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
4 Staff Restrooms/Shower Rooms
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall, include
walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
5 Police Locker Room
Sweep, scrub, wet mop, and disinfect
floors
Daily X X X X X
Clean and disinfect toilets and urinals,
interior and exterior of units
Daily X X X X X
Clean and disinfect counters, sinks,
faucets, and soap dispenser
Daily X X X X X
Clean and polish mirrors, dispensers,
and chrome fixtures
Daily X X X X X
Dust and wipe surfaces within reach
including partitions, changing stations,
and shelving
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Stock all toilet paper, paper towel, seat
covers, feminine hygiene products, and
soap dispensers
Daily or as
needed
X X X X X
Clean and disinfect shower stall, include
walls and floor if applicable
Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
6 Police Evidence Restroom Rm 142G
Follow Standard staff restroom cleaning
procedure. This cleaning will require a
police department escort and will need
to be scheduled during normal business
Monthly
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
hours. **If City has custodian staff for
building they will perform this task**
7 Sally Port Rm 140
Floor scrubbing Inspect/Clean
8 Breakroom/Kitchen
Sweep, scrub, wet mop, hard floors Daily X X X X X
Clean counters, table tops, and sinks Daily X X X X X
Wipe clean tables and chairs Daily X X X X X
Spot clean front of cabinets and major
appliances
Daily X X X X X
Pick up trash, empty waste
receptacle(s), place liner in
receptacle(s)
Daily X X X X X
Vacuum carpeted areas if applicable Daily X X X X X
Empty recycling receptacles, place liner
in receptacle, place in large building
container or take to dumpster
enclosure
Weekly X
Stock paper towel and soap dispensers As Needed
Low Dusting Weekly
Dust heating, ventilation, air
conditioning and exhaust fan grills
Monthly
Clean Microwave Oven Monthly
9 Office Areas
Vacuum in offices, move chairs as
needed
Weekly
Fully clean all interior windows and
glass doors
Monthly
Dust heating, ventilation, air
conditioning and exhaust fan grills in
offices and open areas
Monthly
10 Court Rooms
Vacuum carpeted areas, inspect & clean Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Dust and wipe tables, judge hard
surfaces
Daily X X X X X
Dust and wipe chairs, bench, railings Weekly
Spot clean light switches, doors, door
frames, general areas as needed
Daily X X X X X
11 Elevator/Stairways
Vacuum carpeted areas if applicable Weekly
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Spot clean and wipe interior/exterior
panels
Weekly
Wipe and disinfect hand railings Daily X X X X X
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
11 Gym Daily X X X X X
Sweep, wet mop hard floors with
cleaner
Daily X X X X X
Empty waste receptacle(s), place liner in
receptacle
Daily X X X X X
Spot clean light switches, doors, door
frames, general areas as needed
Daily X X X X X
**Equipment will be user cleaned**
12 Miscellaneous
High dusting Monthly
Fully clean interior side of all exterior
building windows, reachable from the
ground or with a hand extension
Quarterly
Lights fixtures Annual
Special Instructions:
• The follow areas are NOT to be included in the janitorial services; these areas are the
responsibility of the City Departments in those areas.
Room’s: 107,123, 124, 129, 142, 142C, 142B, 142D, 142E, 142F, 144, 146, 146B, 146C, 148, 148A, 148B,
152, 152A,154, 154B, 154C, 154D, 156, 156A, 160, 160A, 160B, 160C, 160D, V160, 161, 162, 162A, RR-
162, RR-161, RR-163, 164, RR-165, 166, 167, 168, 169, 170, V-170, 171, 172, 174, 176, C-180, 181, 183,
270, 271, 272, M-301, M-305, M-307, 308
• No Cleaning required for Police metal detector in L-100
• Rm 110J will be floor cleaning only
• Corridor’s on 3rd floor will be floor scrubbed on a as needed basis
• Areas’ with detailed cleaning requirement can be inspected and cleaned if not used since last
cleaning cycle
• Some flooring has special cleaning instructions that will be provided.
Other Services
The City’s designated contact will coordinate and schedule with Contractor work outside scope of
contract.
Provide hourly rate for special cleaning needs during normal cleaning
hours
Provide hourly rate for emergency call out
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0
DocuSign Envelope ID: 9DCA71BB-47E5-4BB4-9721-FB8ED81EFBD0