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HomeMy Public PortalAbout2021.12.13 1ST Class Cleaning Contract CLEANING SERVICES CONTRACT THIS AGREEMENT is by and between the CITY OF MCCALL,acting through the POLICE DEPARTMENT on behalf of the MCCALL CITY COUNCIL, hereafter referred to as the "CITY," and FIRST CLASS CLEANING, LLC, hereafter referred to as the "CONTRACTOR." 1. DEFINITIONS a. Agreement: This duly executed written agreement between the City and the Contractor resulting from a solicitation, which shall include these Terms and Conditions, the Scope of Work,the Cost Proposal,and all attachments thereto. b. Contracting Officer: The City employee with the authority to enter into, administer, modify, and/or terminate this Agreement, and make related determinations and findings. The Contracting Officer is responsible for handling the contractual relationship with the Contractor. c. Contracting Officer Representative: The designated City representative, also referred to as "COR" or "Representative", who will provide daily technical oversight to the Contractor and ensure the Contractor performs according to the Scope of Work. The COR cannot modify the stated terms of the Agreement unilaterally or direct the Contractor to perform work not specified in the Contract. Only the Contracting Officer and the Contractor may do so bilaterally. d. Contractor: The individual or business who has been awarded this Agreement to furnish goods or services for a certain price. e. PD: The McCall Police Department. f. Property: Goods, services, parts, supplies and equipment, both tangible and intangible, including, but not exclusively, designs, plans, programs, systems, techniques and any rights and interest in such property. g. Scope of Work: Detailed outline of the location, project description, timeline, and deliverables. h. Services: Includes services performed, workmanship, and materials furnished or utilized in the performance of services, including any deliverables. i. McCall City Council: The Council consists of five (5) Officials, each elected to four(4) year terms. The terms are staggered with two (2) or three (3) having terms expiring at the end of odd-numbered years. Individual Council Members do not have governing Page 1 of I PD Janitorial Contract December I ,2021 power as individuals, but only when meeting as a Council, when a quorum (three or more) is present. Council establishes budgetary authority for departments. 2. CONTRACTOR RESPONSIBILITY The Contractor hereby assumes responsibility for production and delivery of all material and services included in this Agreement,whether or not the Contractor is the manufacturer or producer of such material or services. Further, the Contractor will be the sole point of contact on contractual matters, including payment of charges resulting from the use or purchase of goods or services. 3. REGISTRATION WITH SECRETARY OF STATE AND SERVICE OF PROCESS a. Contractor must independently verify whether it is required by Idaho law to register its business entity or assumed business name with the Idaho Secretary of State and, if required to do so,must remain in good standing during the term of this Agreement. b. Regardless of its registration with the Idaho Secretary of State, and in addition to any methods of service allowed by Idaho law, Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested, at its last known address. Contractor must notify the City in writing of any change of address to which service of process can be made. Service shall be completed upon Contractor's actual receipt of process or upon the City's receipt of the return thereof by the United States Postal Service as refused or undeliverable, Contractor shall have thirty calendar days after completion of service in which to respond. 4. SUBCONTRACTING Unless otherwise allowed by the City in this contract, the Contractor shall not, without written approval from the City, enter into any subcontract relating to the performance of this Agreement or any part thereof. Approval by the City of Contractor's request to subcontract or acceptance of or payment for subcontracted work by the City shall not in any way relieve the Contractor of responsibility for the professional and technical accuracy and adequacy of the work. The Contractor shall be and remain liable for all damages to the City caused by negligent performance or non-performance of work under the Agreement by Contractor's subcontractor or its sub-subcontractor. 5. ASSIGNMENTS The Contractor shall not assign a right or delegate a duty under this contract without the prior written consent of the City. 6. ANTIDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CLAUSE Page 2 of 1 PD Janitorial Contract December 13,2021 Acceptance of this Agreement binds the Contractor to the terms and conditions of Section 601, Title VI, Civil Rights Act of 1964 in that "No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap,be excluded from the participation in,be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance" (Section 504 of the Rehabilitation Act of 1973). Furthermore, for contracts involving federal funds, the applicable provisions and requirements of Executive Order 11246 as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, Section 701 of Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), 29 USC Sections 621, et seq., the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, U.S. Department of Interior regulations at 43 CFR Part 17, and the Americans with Disabilities Action of 1990, are also incorporated into this contract. The Contractor must include this provision in every subcontract relating to purchases by the City to ensure that subcontractors and vendors are bound by this provision. 7. RESTRICTIONS ON AND WARRANTIES—ILLEGAL ALIENS Contractor warrants this Agreement is subject to Executive Order 2009-10 Rittp::/gov.idaho.govimediacenteriexecordersieo09/eo execordersreo09/eo 2009 10.html]; it does not knowingly hire or engage any illegal aliens or persons not authorized to work in the United States; it takes steps to verify that it does not hire or engage any illegal aliens or persons not authorized to work in the United States; and that any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and shall be cause for the imposition of monetary penalties up to five percent (5%) of the Agreement price, per violation, and/or termination of its Agreement. 8. INSURANCE REOUIREMENTS a. Contractor shall obtain and maintain insurance at its own expense as required herein for the duration of this Agreement, and comply with all limits, terms and conditions stipulated. Policies shall provide, or be endorsed to provide, all required coverage. Contractor shall provide certificates of insurance or certified endorsements as applicable for the insurance required. Contractor shall not commence work under this Agreement until satisfactory evidence of all required insurance is provided to the City. b. All insurance, except for Workers Compensation, and Professional Liability/Errors and Omissions shall be endorsed to name the City of McCall and the McCall Police Department as Additional Insured. Page 3of1 Pt)Janitorial Contract December 1S ,2021 c. All insurance shall be with insurers rated A-, VII, or better in the latest Bests Rating Guide, and be in good standing and authorized to transact business in Idaho. The coverage provided by such policies shall be primary. Policies may contain deductibles, but such deductibles shall not be deducted from any damages due the City. By requiring insurance herein, the City does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to the City. d. Contractor shall maintain insurance in amounts not less than the following; i. Commercial General and Umbrella Liability Insurance Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a combined single limit of not less than $1,000,000 each occurrence, $2,000,000 aggregate. The CGL shall be written on standard ISO occurrence form (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent Contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. ii. Automobile Insurance The Contractor shall maintain automobile liability insurance which shall provide a minimum $500,000 combined single limit per occurrence and shall include coverage for owned,non-owned, and hired automobiles. iii. Worker's Compensation Insurance The Contractor shall maintain worker's compensation insurance in amounts as required by statute in all states in which the Contractor performs work, and employer's liability insurance with a limit of$100,000 Bodily Injury by Accident each Accident; $100,000 Bodily Injury by Disease — each employee; and $500,000 Bodily Injury by Disease. Policy Limit. iv. Fidelity Bond If the Contractor has employees, a Fidelity Bond on all employees of the Contractor who are working on the premises shall be maintained in the amount of$5,000.00 each. Page 4 of 1 PD Janitorial Contract December 1; ,2021 e. The Contractor shall require all subcontractors utilized in performance of this Agreement to provide certificates of insurance to the City evidencing insurance coverage with the required additional insured endorsements as set forth in the preceding paragraphs. 9. TAXES The City is generally exempt from payment of Idaho State Sales and Use Tax for property purchased for its use under the authority of Idaho Code, Section 63-3622 as a government instrumentality. In addition, the City is generally exempt from payment of Federal Excise Tax under a permanent authority from the district Director of the Internal Revenue Service. Exemption certificates will be furnished upon written request by the Contractor. If the Contractor is required to pay any taxes incurred as a result of doing business with the City, it shall be solely responsible for the payment of those taxes. If the Contractor is performing public works construction(installation of fixtures,etc.), it shall be responsible for payment of all sales and use taxes as required. 10. LICENSES,PERMITS &FEES The Contractor shall, without additional expense to the City, obtain all required licenses and permits and pay all fees necessary for executing provisions of this contract unless specifically stated otherwise herein. 11. STATE OF IDAHO MINIMUM WAGE LAW It will be the responsibility of the Contractor to fully comply with Section 44-1502, Idaho Code,regarding minimum wage. 12. INDEMNIFICATION a. Contractor shall indemnify, defend, and save harmless the City, its officers, agents, employees, and volunteers from and against any and all liability, claims, damages, losses, expenses, actions, settlements, attorneys' fees, and suits whatsoever caused by, arising out of, or in connection with Contractor's acts or omissions under this Agreement or Contractor's failure to comply with any state or federal statute, law, regulation,or rule. b. Upon receipt of the City's tender of indemnity and defense, Contractor shall immediately take all reasonable actions necessary, including, but not limited to, providing a legal defense for the City, to begin fulfilling its obligation to indemnify, defend, and save harmless the City. Contractor's indemnification and defense liabilities described herein shall apply regardless of any allegations that a claim or suit is attributable in whole or in part to any act or omission of the City under this Agreement. Page 5 of I PD Janitorial Contract Decembert) ,2021 However, if it is determined by a final judgment that the City's negligent act or omission is the sole proximate cause of a suit or claim, the City shall not be entitled to indemnification from Contractor with respect to such suit or claim, and the City, in its discretion, may reimburse Contractor for reasonable defense costs attributable to the defense provided by any attorney appointed pursuant to section 12.c. c. Any legal defense provided by Contractor to the City under this section must be free of any conflicts of interest, even if retention of separate legal counsel for the City is necessary. Any attorney appointed to represent the City must first qualify as and be appointed by the City Manager after consultation with the City Attorney unless such attorney is provided through insurance coverage maintained by the City. 13. OFFICIALS,AGENTS AND EMPLOYEES OF THE CITY NOT PERSONALLY LIABLE In no event shall any official, officer, employee or agent of the City be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Agreement. This section shall not apply to any remedies in law or at equity against any person or entity that exist by reason of fraud, misrepresentation or outside the terms of this Agreement. 14. RISK OF LOSS Risk of loss and responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the City except as to latent defects, fraud and Contractor's warranty obligations. Such loss, injury or destruction shall not release the Contractor from any obligation under this Agreement. 15. PROHIBITED CONTRACTS No member of the City Council or officer or employee of any branch of the City government shall directly himself, or by any other person execute, hold or enjoy, in whole or in part, any contract or agreement made or entered into by or on behalf of the City, if made by, through or on behalf of the department in which he is an officer or employee. 16. SAFETY INFORMATION a. The Contractor assumes full responsibility for the safety of his employees, equipment and supplies. b. Contractor guarantees that all items provided by Contractor in performance of this Agreement meet or exceed those requirements and guidelines established by the Page 6 of I PD Janitorial Contract December ►3 ,2021 Occupational Safety and Health Act, Consumer Product Safety Council, Environmental Protection Agency, or other regulatory agencies. 17. USE OF THE CITY OF MCCALL'S NAME Contractor agrees that it will not, prior to, in the course of, or after performance under this contract, use the City 's name in any advertising or promotional media as a customer or client of Contractor without the prior written consent of the City. 18. CONTRACT TERMINATION a. TERMINATION FOR CAUSE WITH NOTICE: i. The occurrence of any of the following events shall be an Event of Default under this Agreement: 1. A material breach of any term or condition of this Agreement;or 2. Any representation or warranty by Contractor in response to the Solicitation or in this Agreement proves to be untrue or materially misleading; or 3. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof;or 4. Any default specified in another section of this Agreement. ii. The City may terminate this Agreement(or any order issued pursuant to this Agreement)when the Contractor has been provided written notice of default or non- compliance and has failed to cure the default or non-compliance within a reasonable time, not to exceed thirty (30)calendar days. If the Agreement is terminated for default or non-compliance,the Contractor will be responsible for any costs resulting from the City's placement of a new contract and any damages incurred by the City, as a result of the default. The City,upon termination for default or non- compliance, reserves the right to take any legal action it may deem necessary including, without limitation, offset of damages against payment due. iii. Upon written notice of default,Contractor shall be in breach of its obligations under this Contract and the City shall have the right to exercise any or all of the following remedies: 1. Exercise any remedy provided by law or equity; Page 7 of 1 PD Janitorial Contract December 13 ,202I 2. Terminate this Agreement and any related Agreement or portions thereof; 3. Suspend Contractor from receiving future bid solicitations; 4. Suspend Contractor's performance; 5. Withhold payment until the default is remedied. b. TERMINATION FOR CAUSE WITHOUT NOTICE The City shall not be required to provide advance written notice or a cure period and may immediately terminate this Agreement in whole or in part for an Event of Default if the City, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contractor's liability for damages, including liquidated damages to the extent provided for under this Agreement. c. TERMINATION FOR CONVENIENCE i. The City may terminate this Agreement for its convenience in whole or in part,if the City determines it is in the City's best interest to do so. ii. After receipt of a notice of termination for convenience, and except as directed by the City, the Contractor shall immediately proceed with the following obligations,as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall: I. Stop work. 2. Place no further subcontracts for materials, services, or facilities, except as necessary to complete the continuing portion of the Agreement. 3. Terminate all subcontracts to the extent they relate to the work terminated. 4. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts. iii. Unless otherwise set forth in the Solicitation, if the Contractor and the City fail to agree on the amount to be paid because of the termination for convenience,the City will pay the Contractor the following amounts; provided that in no event will total payments exceed the amount payable to the Contractor if the Agreement had been fully performed: Page 8 of 1 PD Janitorial Contract December ,2021 1. The Agreement price for Deliverables or services accepted by the City and not previously paid for;and 2. The total of: a The reasonable costs incurred in the performance of the work terminated, including initial costs and preparatory expenses allocable thereto, but excluding any cost attributable to deliverables or services paid or to be paid; b. The reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Agreement;and c. Reasonable storage, transportation, demobilization, unamortized overhead and capital costs, and other costs reasonably incurred by the Contractor in winding down and terminating its work. iv. The Contractor will use generally accepted accounting principles, or accounting principles otherwise agreed to in writing by the parties, and sound business practices in determining all costs claimed, agreed to, or determined under this clause. d. TERMINATION FOR FISCAL NECESSITY The City is a government entity and it is understood and agreed that the City's payments herein provided for shall be paid from the City Council appropriations. The City Council is under no legal obligation to make appropriations to fulfill this Agreement. This Agreement shall in no way or manner be construed so as to bind or obligate the City beyond the term of any particular appropriation of funds by the City Council as may exist from time to time. The City reserves the right to terminate this Agreement in whole or in part (or any order placed under it) if, in its sole judgment, the Council of the City of McCall Idaho fails, neglects, or refuses to appropriate sufficient funds as may be required for the City to continue such payments, or requires any return or"give-back" of funds required for the City to continue payments, or if the City Council mandates any cuts or holdbacks in spending, or if funds are not budgeted or otherwise available, or if the City discontinues or makes a material alteration of the program under which funds were provided. The City shall not be required to transfer funds between accounts in the event that funds are reduced or unavailable. All affected future rights and liabilities of the parties shall thereupon cease within ten(10) calendar days after notice to the Contractor. Further, in the event of non-appropriation, the City shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential or other damages resulting therefrom. 19. CONTRACT ADMINISTRATION Page 9 of I PD Janitorial Contract December, ,2021 a. The Contracting Officer Representative will administer the Agreement as required in all specifications. b. The Contracting Officer Representative has the following authority in addition to that delegated to him in other portions of this Agreement. i. Decide questions of fact arising in regard to the quality and acceptability of materials furnished and all work performed. ii. Make recommendations for payment. 20. FORCE MAJEURE Neither party shall be liable or deemed to be in default for any Force Majeure delay in shipment or performance occasioned by unforeseeable causes beyond the control and without the fault or negligence of the parties, including, but not restricted to, acts of God or the public enemy, fires, floods, epidemics, quarantine, restrictions, strikes, freight embargoes, unusually severe weather, provided that in all cases the Contractor shall notify the City promptly in writing of any cause for delay and the Sate concurs that the delay was beyond the control and without the fault or negligence of the Contractor. If reasonably possible,the Contractor shall make every reasonable effort to complete performance as soon as possible. Matters of Contractor's or subcontractor's finances shall not be a Force Majeure. 21. GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Idaho. Any action to enforce this Agreement shall be brought in Valley County, McCall, Idaho. 22. MODIFICATION This Agreement may not be released,discharged,changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. 23. ENTIRE AGREEMENT This Agreement is the entire agreement between the parties with respect to the subject matter hereof. Where terms and conditions specified in the Contractor's response differ from those specifically stated in this Agreement, the terms and conditions of this Agreement shall apply. In the event of any conflict between these standard terms and conditions and any Page 10of1 PD Janitorial contract December , 2021 /f special terms and conditions applicable to this acquisition, the special terms and conditions will govern. This Agreement may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. 24. PUBLIC RECORDS Pursuant to Idaho Code Section 74-101 through 74-126, information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. In addition,the City will not accept a legend or statement on one (1) page that all,or substantially all,of the document is exempt from disclosure. The Contractor shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. If the City receives a request for materials claimed exempt by the Contractor,the Contractor shall provide the legal defense for such claim. 25. CONFIDENTIAL INFORMATION: Pursuant to this Agreement, Contractor may collect, or the City may disclose to Contractor, financial, personnel or other information that the City regards as proprietary, confidential or exempt from disclosure ("Confidential Information"). Confidential Information shall belong solely to the City. Contractor shall use such Confidential Information only in the performance of its services under this Agreement and shall not disclose any Confidential Information to any third party, except with the City's prior written consent or under a valid order of a court or governmental agency of competent jurisdiction, and then only upon timely notice to the City. The City may require that Contractor's officers,employees, agents or subcontractors separately agree in writing to the obligations contained in this section or sign a separate confidentiality agreement. Confidential Information shall be returned to the City upon termination of this Agreement. The confidentiality obligation contained in this section shall survive termination of this Agreement. Confidential Information shall not include data or information that: a. Is or was in the possession of Contractor before being furnished by the City, provided that such information or other data is not known by Contractor to be subject to another confidentiality agreement with or other obligation of confidentiality to the City; b. Becomes generally available to the public other than as a result of disclosure by Contractor;or Page 11 of I PD Janitorial Contract December 0,2021 c. Becomes available to Contractor on a non-confidential basis from a source other than the City, provided that such source is not known by Contractor to be subject to a confidentiality agreement with or other obligation of confidentiality to the City. 26. NON-WAIVER The failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of such party thereafter to enforce each and every provision hereof. 27. NO WAIVER OF SOVEREIGN IMMUNITY In no event shall this Agreement or any act by the City,be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the City. This section applies to a claim brought against the City only to the extent Congress has appropriately abrogated the City's sovereign immunity and is not consent by the City to be sued in federal court, or a waiver of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. 28. ATTORNEYS' FEES In the event suit is brought or an attorney is retained by any party to this Agreement to enforce the terms of this Agreement or to collect any moneys due hereunder, the prevailing party shall be entitled to recover reimbursement for reasonable attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith in addition to any other available remedies. 29. EXAMINATION AND AUDIT Contractor agrees that the City or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the City to audit records and interview staff in any subcontract related to performance of this Agreement. Page 12 of 1 I'D Janitoriall�C,ontract December G_I,2021 30. ADEQUATE ASSURANCE OF FUTURE PERFORMANCE If the City has reasonable grounds to question Contractor's ability to perform the Agreement, the City may demand adequate assurance from Contractor. Contractor shall respond within 30 calendar days of such demand. 31. AFFIDAVIT OF COMPLIANCE The Contractor, upon completion of the project work, must furnish the City with a notarized affidavit(See Exhibit B) stating that: a. At least the minimum Idaho wage was paid. b. There was compliance with all labor laws. c. All debts incurred as a result of this Agreement were paid. Any further claims against the City of McCall under this Agreement are relinquished,pending payment for services rendered. 32. TIME IS OF THE ESSENCE Time shall be of the essence in connection with Contractor's performance of its obligations under this Agreement. 33. PAYMENT Payment will be made in accordance with Idaho Code 67-2302 with the method described in the Scope of Work and after receipt of the Contractor's itemized invoice for satisfactorily completed work.Total payments under this Agreement not to exceed$485.00 NI-month. It is understood that full payment for all services provided under the Agreement is fully burdened to include, but is not limited to, all Contractor's costs of labor, materials, equipment, deliverables and expenses including advertising, postage, copy costs, and all other costs normally associated with the cost of doing business unless otherwise provided elsewhere in this Agreement. 34. AGREEMENT TERM This Agreement will become effective once signed by all parties. The Contractor and Contracting Officer Representative will discuss the Agreement terms, work performance requirements, and tentative work schedule. This Agreement shall terminate one year from Page 13of1 PD JanitoriakContract December ,2021 its effective date with the option to renew for two (2) additional one (1) year periods, under the same terms and conditions. unless terminated earlier by the City under any of the Provisions of paragraph 18of this Agreement. All requirements of the Agreement must be satisfactorily completed by the Agreement termination date. 35. ANTI-BOYCOTT AGAINST ISRAEL ACT(Idaho Codc 67-2346) Within the meaning of the terms as defined in Idaho Code 67-2346, Contractor certifies that it is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under its control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective this day of 1r„[ 2021 in McCall Idaho. CITY OF MCCALL FIRST CLASS CLEANING,LLC By By Title6/1 Title el -��- v ieW Taxpayer ID Number Page 14 of 1 PD Janitorial Contract December 0,2021 Exhibit A Special Provisions I. WORK PROGRESS AND CONTRACT PERFORMANCE a. The Contractor agrees to employ only qualified employees and operators who are skilled in the performance of janitorial work. All employees and operators mustbe able to speak and understand Basic English.Children are not allowed to accompany parents while parents are cleaning the premises. Only service employees are authorized to be on the premises for work related duties. b. Before starting work, the Contractor shall contact the COR to discuss the contract terms,work performance requirements, and a mutually agreeable work schedule. 2. INDUSTRY STANDARDS All services shall be provided in strict compliance with this contract using the most appropriate industry standards and equipment. The Contractor shall furnish all labor, materials, supplies, equipment, and incidentals necessary to perform Janitorial Service needed throughout each facility including break areas,coffee bars,vending areas,common areas, conference rooms and restrooms. Supplies shall be of good commercial quality, acceptable in the janitorial profession and subject to City approval. 3. ACCESS The Contractor and employees are responsible for insuring all keys/entry cards are handled properly; locking all doors and removing keys(if applicable) to prevent any unauthorized person(s) from entering the building. The Contractor shall not for any period of time leave an entry/exit door propped, unattended or left open for any reason. The Contractor will be required to pay for re-keying the locks if any of the keys/access cards are lost by the Contractor or their employees. 4. SMOKING Smoking shall not be permitted in any City building except in a designed smoking area. 5. DAMAGE/EMERGENCIES The Contractor shall report any building damage or potential hazard immediately to Sandy Ryska by telephone at 208-634-7144 during normal business hours of 8:00 a.m. to 5:00 p.m.After normal business hours,emergencies shall be directed to Justin Williams at 208- 630-3830. For life- threatening emergencies, calls shall be directed to 911. Page 15 of 1 PD Janitorial Contract December { ,2021 6. USE OF CITY PROPERTY The Contractor and his/her employee may not use City property,including telephones,Fax, or copy machines,ladders,lifts,maintenance equipment,or the like,for personal use unless given permission by the COR. 7. REMOVAL OF CITY OR PERSONAL PROPERTY Contractor(s) employees shall not disturb any personal property, paper, boxes, or other materials except as shall be in trash receptacles or designated areas for trash,or unless such material is properly identified as trash. Contractor(s) employees shall not remove any article or material from the premises, regardless of the value or regardless of any employee's permission. This is to include the contents of or any item found in the trash containers in or around the premises. All trash will be put into dumpsters as designated by the City. 8. INSPECTIONS a. Weekly inspections will be performed by the City.Completed inspection forms will be sent to the Contractor for review. b. The COR and the Contractor will meet periodically to review contract performance. Page 16of1 PD Janitorial Contract December 0,2021 CONTRACT SCOPE OF WORK I. The work detailed below will be performed as scheduled at the City of McCall Police Department at 550 E. Deinhard Lane,McCall, Idaho,83638. 2 It is the intention of the scope of work to set forth the requirements and conditions for performing janitorial/cleaning services at the above location. The Contractor shall perform the required services in all areas and shall be qualified to furnish a complete and efficient custodial service, including all labor, supervision, cleaning materials and equipment. 3. AREA TO BE CLEANED: All interior office space: including offices, hallways, conference room and restrooms (approximately 3000sq. ft.). In addition, all exterior entryways should be cleaned. Each time the cleaning crew leaves the office all doors and gates should be closed and locked. 4. WORK TO BE PERFORMED: The following list of work is the approximate schedule to be followed. It is recognized that cleaning requirements will increase or decrease periodically. Occasionally, specific tasks may be required due to extraordinary circumstances such as inclement weather and/or heavy use by employees and the public. All work must be conducted between 7:00 a.m. and 8:30 a.m., according to a schedule to be approved by the COR. a. WEEKLY CLEANING (2 Times Per Week l Monday&Thursday): i. Empty all waste paper baskets. Replace trash can liners in all trash cans,and place trash in dumpster provided on the premises. Areas around trash receptacles to be kept clean and free of debris. ii. Dust all counters, window ledges, office equipment, etc. iii. Clean receptionist window in the main lobby with COR approved cleaner. iv. Clean restrooms completely, including but not limited to the following: 1. Clean and disinfect sink basins, urinals inside and out, and toilets, including tank and around the base of the toilet. 2. Clean soap dispensers and soap dishes, mirrors, counter tops, doorknobs, light switch plates, and towel holders. Page 17 of 1 PD Janitorial Contract Dcecmbcr.,2021 3. Re-supply with towels, toilet paper,and hand soap etc. as necessary. 4. Sweep and wet mop restroom floors. 5. Clean and disinfect shower stalls/floor once a week or as needed. v. Dust all window ledges. vi. Sweep and wet mop all hard surface floors.Remove scuff marks as needed. vii. Vacuum all carpeted areas. viii. Spot clean, as necessary, inside and outside of front glass and side windows to maintain a clean, smudge-free appearance. ix. Clean sink and wet wipe the countertop in the kitchen/coffee/break areas, as well as dust all furniture,appliances and equipment. 5. CONTRACTOR TO PROVIDE THE FOLLOWING: a. Any required safety equipment. b. All personnel and labor. 6. THE CITY TO PROVIDE THE FOLLOWING*: a. All paper supplies. b. Plastic garbage can liners. c. Hand soap for restrooms. d. All equipment including vacuum cleaner,brooms, mops,dustpans, dusters, buckets,etc. e. All waxes, cleaning agents, sponges, rags, etc. necessary in performance of contracted service. *It is the responsibility of the Contractor to notify the COR when supplies need to be replenished. Page 18oft PD Janitoriql1contract December W,2021 JANITORIAL SERVICES POLICE DEPARTMENT INSPECTION REPORT a ITEM Empty all trash containers. Fill all empty trash containers 1 with trash liners. 2 Dust%1Lecoi ter', etc. 3 - Clean rrctroo*us c,NrnplPtely,restociring_paper andsoap items. 4 Vartium all carpeted areas. 5 _ Sweep and wet mop-al("carpFied floor. 6 -Spot clean-front gad rear entry door g1A.s 2.necessary. 7 _ clean 1(,ltrhenkof fepihrer l[ Area` 8 Keep Janitor Closet clean aril order Specific tasks required due to extraordinary 9 circumstances as needed. HAVE UNSATISFACTORY CONDITIONS NOTED ON PAST REPOR'T'S BEEN CORRECTED? REMARKS: ContractingOfficer Representative: Date: f'7 3 P �/2C1o1r (-2 Page 19 of 1 PD Janitorial Contract December �' ,2021