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PERSONAL SERVICES CONTRACT THIS AGREEMENT, made this 1st day of October, 1997, between the City of Moscow, a Municipal Corporation of the State of Idaho, (hereinafter "CITY") and American Building Maintenance Co. (hereinafter "JANITOR") : WITNESSETH: WHEREAS, the CITY is in need of janitorial services for City Hall/Community Center and City Hall Annex/Police Station, and Eggan Youth Center in Moscow, Idaho and has requested JANITOR to undertake the duties of the necessary janitorial services upon the terms and conditions hereinafter expressed: NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: 1. TERM: This Agreement shall be effective from the date below until September 30, 1998, unless said Agreement shall be terminated as hereinafter provided. 2. REMUNERATION: The CITY will pay JANITOR for such services, a yearly fee of $35,938. 56 in equal installments paid on or before the lOth day of each calendar month, the first payment to be made on or before the lOth day of November, 1997, and said installment payment shall be proportionate to the actual period of service up to that date. 3. INDEPENDENT CONTRACTOR: JANITOR shall be an independent contractor and not an employee of the CITY and shall comply with all the duties hereinafter set forth and shall use his or her best efforts to carry out daily service duties, weekly service duties, service duties, service duties, bi-annual service duties and annual service duties. 4. JANITORIAL OBLIGATIONS: It is understood and agreed that the JANITOR will furnish all cleaning equipment and materials necessary to perform the listed services hereinafter set forth with the exception of toilet tissue, hand towels, soap, garbage sacks and light bulbs, which shall be supplied by CITY. The CITY shall also supply all necessary electricity and water needed for the JANITOR'S performance under this Agreement. 5. KEYS: One building key shall be furnished to JANITOR by CITY. JANITOR is responsible for custody and care of the building key. In the event that JANITOR misplaces or loses said key, JANITOR shall be responsible for the re-keying of all CITY locks serviced by said key. Janitor Agreement -1 ':l7-44 ---PAGE BREAK--- 6. DUTIES: JANITOR shall perform all duties in a good and workmanlike manner in conformance with the Cleaning Quality Requirements (Exhibit A) attached hereto and incorporated by reference to this Agreement. A. Daily Service shall be performed in conformance with the following schedule: 5 days per week (Sun-Thur) in the City Hall AnnexjPolice station 5 days per week (Sun-Thur) in the City Hall/Community Center 5 days per week (Sun-Thur) in the Youth Center B. JANITOR shall perform the following Daily Service: 1) Empty all waste baskets and place contents in dumpster at the City Hall Annex or City Hall/Community Center for disposal 2) Empty and clean ash urns 3) Sweep and/or dust mop all floor surfaces 4) Dust cleared desks, chairs, tables and other office surfaces 5) Dust counters, file cabinets, all ledges and other surfaces within reach 6) Wet mop restroom floors 7) Clean and sanitize sinks, toilets, urinals and other restroom fixtures. Clean mirrors 8) Wipe down stall walls in restrooms 9) Clean and refill all restroom dispensers (leave an extra roll of toilet paper and paper towels in police station bathroom) 10) Wash entrance doors and entrance glass (interior and exterior) 11) Wash and clean drinking fountains 12) Vacuum all carpets including elevator 13) Keep janitor closet clean and orderly 14) Wipe clean all sinks, counters, and tables in conference rooms and utility kitchens Janitor Agreement -2 ---PAGE BREAK--- 15) Sweep stair landings and steps of south staircase in city Hall/Community Center C. JANITOR shall perform the following Weekly Service: 1) Damp mop all linoleum tile floors (Youth Center and City Hall/Community Center floors shall be done three days per week) 2) Remove scuff marks as necessary 3 Clean interior glass 4) Clean cleared desk tops, counter tops, file cabinets, wastebaskets, drawer faces 5) Clean fixture exteriors and replace burnt out bulbs 6) Dust all woodwork, walls and partitions 7) Wash and clean restroom walls 8) Clean stains or spots on carpets 9) Sweep stair landings and steps including exterior landings and entrances 10) Wipe down elevator walls 11) Buff all tile floors to maintain a high shine 12) Vacuum all upholstered furniture D. JANITOR shall perform the following Service: 1) Dust all areas requiring a ladder to reach 2) Wash and clean all walls 3) Clean exterior windows 4) Wet mop stair landings and steps 5) Steam clean carpeting in the first floor hallway and elevator (City Hall/Community Center) 6) Steam clean carpeting in the hallways (City Hall Annex/Police Station) Steam clean carpeting in the police station dispatch, report writing room, brief/train room. Janitor Agreement -3 ---PAGE BREAK--- 8) Scrub and wax first floor linoleum tile floor including kitchen at City Hall/Community Center 9) Scrub and wax the linoleum tile floor in the Police Station restroom E. JANITOR shall perform the following (six times per year) Service: 1) Steam clean carpeting in the hallways (City Hall/Community Center second and third floors) 2) Scrub and wax linoleum tile floors at the Eggan Youth Center JANITOR shall disassemble and clean ceiling light fixtures three times per year (June, October & December) G. JANITOR shall perform the following Bi-Annual Service: 1) Steam clean carpeting and all upholstered chairs, except those chairs in the City Hall/Community Center council chambers 2) Scrub and wax all tile floors 3) Disassemble and clean ceiling light fixtures H. JANITOR shall perform the following Annual Service: 1) Strip, scrub and wax all tile and terrazzo floors 2) Wipe down or wash all venetian blinds and shades 7. ADDITIONAL DUTIES OF JANITOR: A. Will be responsible for securing buildings upon completion of work. B. Will be responsible to see that all work is completed between 5: 00 p. m. and 8: 00 a. m. except Sundays; provided that JANITOR shall work around meetings in said buildings taking place after 5: 00 p. m. C. Shall provide a schedule of periodic floor, window, and upholstery cleaning dates in advance. Janitor Agreement -4 ---PAGE BREAK--- D. Attend a meeting with appropriate city officials for the purpose of evaluating the previous month's work. Material needs for the upcoming month will be presented at each meeting. 8. SUBCONTRACTING: A minimum of 80% of the duties and work described above shall be accomplished by the JANITOR and shall not be subcontracted by JANITOR to other parties. Any subcontract shall be reported in advance to the CITY, and shall be subject to CITY approval. JANITOR shall remain responsible for the work of subcontractors performed pursuant to this contract. Further, JANITOR shall indemnify and hold CITY harmless for any damages or claims of whatever nature arising from the letting of any subcontract or the work performed thereunder. 9. INSURANCE/WITHHOLDINGS: JANITOR expressly understands and agrees that he or she shall be fully responsible for his or her own workmen's compensation insurance, state and federal withholding taxes, FICA withholding, etc. JANITOR further agrees that he or she shall be solely responsible for his or her employees, and further JANITOR shall carry all applicable workmen's compensation insurance on said employees, if applicable. JANITOR agrees to indemnify and hold CITY harmless for any damages or claims of whatever nature of JANITOR or JANITOR's employees. 10. TERMINATION: This Agreement may be terminated without cause at any time by the CITY giving the JANITOR ten (10) calendar days notice in writing of its intention to terminate the same. 11. MISSED DAYS: A prorated deduction shall be made from the installment for any and all scheduled days during a month in which a building is not cleaned. 12. BONDING: JANITOR shall obtain, at his or her sole expense, a fidelity bond in the amount of $2500.00. Said bond must be furnished to the CITY within five days of commencing work under this agreement. Said bond shall apply to all work performed pursuant to this Agreement, whether actually performed by JANITOR, his or her employees, or subcontractors. 13. CONTRACT DOCUMENTS: This Agreement consists of the following documents: A. This Agreement; B. Cleaning Quality Requirements (Exhibit A) . Janitor Agreement -5 ---PAGE BREAK--- this IN WITNESS d'T$day WHEREOF, the parties hereto have set their hand JANITOR: Paul c. Agidius, Mayor erk Janitor Agreement -6 ---PAGE BREAK--- EXHIBIT CLEANING QUALITY REQUIREMENTS Services performed under this Agreement shall be subject to inspection and approval by the CITY. This paragraph outlines the minimum acceptable standards: A. Floor Maintenance 1. General: For all operations where furniture and equipment must be moved, no chairs, wastepaper baskets, or other similar items shall be stacked on desks, tables, or window sills. This is necessary to avoid damage and to avoid disturbing work on the desks. Upon completion of work, all furniture and equipment must be returned to its original position. Baseboards, walls, stair risers, furniture, and equipment shall in no way be splashed, disfigured, or damaged during these operations. Proper precautions shall be taken to advise building occupants of wet andjor slippery floor conditions. This applies during inclement weather as well as during cleaning operations. All tools and equipment shall be maintained in clean condition at all times and neatly stored each night in the assigned storage areas. 2. sweeping and Damp Mopping: After sweeping and damp mopping operations, all floors shall be clean and free of dirt streaks; no dirt shall be left in corners, behind radiators, under furniture, behind doors, on stair landings and treads. No dirt shall be left where sweepings were picked up. There shall be no dirt, trash or foreign matter under desks, tables, or chairs. 3. Wet MOPPing. The floors shall be properly prepared, and thoroughly swept to remove visible dirt and debris; this includes removal of wads of gum, tar and similar substances from the floor surface. On completion of the mopping and scrubbing, the floors shall be clean and free of dirt, water streaks, mop marks, string, etc. Floors shall be properly rinsed and dry mopped to represent an overall appearance of cleanliness. All surfaces shall be dry and corners and cracks clean after wet mopping or scrubbing. 4. Finishing and Buffing. Proper preparation of a floor, prior to refinishing, is considered the most important procedure in floor maintenance. Therefore, special attention shall be given to the following requirements: apply proper finish removers, stripping ---PAGE BREAK--- agents, to detergents to the floor. Scrub with a floor scrubbing machine or agitate with a mop to remove all dead finish, soap film, dirt, and stain. Pick up dirty solution with mop, squeegee, or wet vacuum, and thoroughly rinse with clean water and dry. Finish shall be applied in a thin, even coat. The number of coats applied will depend on the type and condition of floor. 5. Damp Mopping and Buffing. At the stated frequencies, floors shall be damp-mopped and buffed between regular finishing operations. The floor shall be prepared by sweeping to remove all visible dirt and debris; damp-mop with a clean mop that has been dampened in clean-cold rinse water. The floor area shall then be machine buffed to a polished appearance. 6. Rug Vacuuming: The rug or carpet area is to be vacuumed to remove all dirt, dust, and litter. The rug is to be vacuumed to remove all obvious surface dirt from traffic areas and from under furniture. (Obvious surface dirt referred to is any visible foreign matter found on the floor, rug, or carpet surface. ) 7. Miscellaneous: B. Dusting a. Rugs: After each thorough vacuuming, all rugs shall be clean, free from dust balls, dirt and other debris. b. Toilets: Special attention shall be given to floors around urinals and commodes for elimination of odors and stains and to provide a uniformly clean appearance throughout. Dust shall not be moved from spot to spot, but removed directly from the areas in which it lies by the most effective means such as appropriately treated dusting cloths, vacuum tools, etc. When doing high cleaning, dust shall not be allowed to fall from high areas onto furniture and equipment below. The following conditions shall exist after the completion of each dusting task: 1. There shall be no dust streaks on surfaces. 2. Corners, crevices, moldings and legs shall be free of all dust. 3. There shall be no oils, spots, or smudges on dusted surfaces caused by dusting tools. 4. Cobwebs will be removed. ---PAGE BREAK--- c. Damp Wiping: This task consists of using a clean damp cloth or sponge to remove all dirt, spots, streaks and smudges from walls, glass and other specified surfaces and then drying to provide a polished appearance. The wetting solution shall contain an appropriate cleaning agent. When damp-wiping in toilet areas, a multi-purpose (disinfectant-deodorizing) cleaner shall be used. D. Bright Metal Polishing Bright metal polishing may be performed by damp-wiping and drying with a suitable cloth if a polished appearance is attained. However, if a polished appearance cannot be produced, an appropriate metal polish shall be used. E. Policing This job includes performance of the following tasks at the stated frequencies: picking up and removing from inside the building all paper, trash, empty bottles, wads of gum, spots of tar, and other foreign substances or other discarded materials; mopping up wet areas caused by spillage, accidents, or inclement weather. F. Window Washing and Glass Cleaning 1. After each washing operation, all glass shall be clean and free of dirt, grime, streaks, excessive moisture and shall not be cloudy. Glassware removed during the operations shall be returned to its original position. 2. Window sashes, sills, woodwork surrounding interior glass and other such surroundings shall be thoroughly wiped free of drippings, watermarks, dust and dirt. 3. Cleaners shall use pads to protect window sills when standing on or placing cleaning materials on them, and all such pads andjor cloths necessary to protect City property shall be furnished by the contractor. 4. Windows which require cleaning on both sides will have the inside and outside cleaning performed on the same day. 5. Any screens which require removal before windows can be cleaned shall be removed, but these screens will be replaced after the windows are cleaned. ---PAGE BREAK--- 6. The window washing shall be so scheduled and performed as to provide the least inconvenience to the building occupants. In instances where building occupants are seriously inconvenienced, the window washing activities shall be rescheduled at the discretion of the City. NOTE: All cleaning must be done in conformance with safety and other local laws and regulations. G. Porcelain Ware Cleaning 1. Porcelain fixtures (drinking fountains, wash basins, urinals, toilets, etc.) shall be clean and bright. There shall be no dust, spots, stains, rust, green mold, encrustation or excess moisture. 2. Walls and floors adjacent to fixtures shall be free of spots, drippings, and water marks. 3. Drinking fountains shall be kept free of trash, ink, coffee grounds, etc., and nozzles free from encrustation. H. Spot Cleaning 1. Following this cleaning operation, smudges, marks or spots shall have been removed from the designated areas without causing discoloration. SUPPLEMENTAL INSTRUCTIONS A. GENERAL 1. Quality cleaning will be required, including full performance of all specified daily services on the first official working day of the contract period. 2. Normally, heating and air conditioning are curtailed upon the vacating of the space by the building occupants. Air conditioning will be provided only during the official hours of duty of the building occupants. 3. The JANITOR shall supply the CITY with a current list of employees assigned to clean City facilities. The list shall be updated as employee turnover occurs. 4. The JANITOR shall prohibit his or her employees from disturbing papers on desks, opening desk drawer or cabinets, or using telephone or office equipment provided for official City use. ---PAGE BREAK--- 5. The JANITOR shall require his or her employees to comply with the instruction pertaining to conduct and building regulations issued by duly appointed officials. 6. The JANITOR shall either notify each employee when first hired of the locally applicable wage rates he or she is required by law to pay or post said wage rates on hisjher employee bulletin board. 7. The JANITOR shall service all toilet rooms to maximum capacity during the last contract day. Dispenser stock of paper supplies and hand soap remaining at the termination of the last official work day shall not be removed. 8. The JANITOR is responsible for damage caused due to negligence in the performance of this Agreement. 9. The JANITOR shall provide all equipment and cleaning supplies required. B. STORAGE SPACE, JANITOR'S CLOSETS AND LOCKER ROOMS Space available in the building for this purpose will be assigned to the JANITOR for the storage of bulk supplies and the equipment to be used in the performance of work of this Agreement. All space shall be kept in a neat, orderly condition. JANITOR'S closets, located at various points throughout the buildings, may be used by the JANITOR for storing equipment including mops, brooms, dust cloths, and other items. These closets and the stored equipment shall be clean and in order. Failure to keep any of the facilities described above in a clean condition may result in the withdrawal of the privilege of using them. The CITY shall not be responsible in any way for damage to the JANITOR'S stored supplies, materials or equipment, the supplies, materials or equipment kept throughout the building in JANITOR'S closets, or the JANITOR'S employees' personal belongings brought into the building. -10- ---PAGE BREAK--- BUILDING FLOOR AREAS AND TYPE BUILDING CITY HALL/COMMUNITY CENTER Main Floor Office Community room Kitchen Entry and main lobby Men's restroom Women's restroom New corridor Elevator vestibule Second Floor Council chambers Conference room Office Hall (out of conference room) Elevator vestibule Men's restroom Women's restroom New corridor Lobby (Plus two sets of stairs and landings Third Floor code Enforcement Code Enforcement Reception City Planner Community Development Specialist Hallways City Attorney city Supervisor Secretaries and Asst. Attorney Janitor Closet Men's Restroom Ladies' Restroom Utility Room CITY HALL ANNEX Restrooms offices Conference Room Break Room Copy Room Hallways -11- NET SO. FOOTAGE 32 1635 420 1085 55 100 50 215 65 TYPE FLOOR carpet tile tile terrazzo tile tile tile carpet carpet 1635 carpet 340 carpet 180 carpet 70 carpet 65 carpet 105 ceramic 225 ceramic 190 carpet 565 carpet and elevator] 324 carpet 360 carpet 270 carpet 171 carpet 954 carpet 252 carpet 304 carpet 513 carpet 65 tile 72 tile 104 tile 24 tile 251 tile 504 tile 1835 carpet 370 carpet 300 carpet 36 carpet 820 tile ---PAGE BREAK--- POLICE STATION Hallways 52 carpet 656 carpet Offices 433 carpet 622 carpet Restroom 39 tile Dispatch 248 carpet Locker room area 355 carpet Kitchen 30 tile YOUTH CENTER Restrooms 285 tile Offices 195 tile 482 carpet Main Room 2378 tile TV Room 611 carpet Hallways 774 tile Kitchen 88 tile -12- ---PAGE BREAK--- CERTIFICATE OF INS RANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. CERTIFICATE HOLDER: INSURANCE COMPANIES City of Moscow 122 East Fourth Street A Continental Casualty Co. Moscow, ID 83843 B Continental Casualty Co. c National Union Fire Ins. Co. INSURED: American Building Maintenance Co.-West D dba: ABM Janitorial Services 16 East Columbia Drive E Kennewick, WA 99336 CERTNO 9653 BRANCH 1308 FORM 8 This is to certify that policies of insurance listed below have been issued to the insured named above and are ln force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Co. Coverage Policy Number Expiration Limits of Liability A GENERAL LIABILITY GL 166802015 11/01/98 Bodily $1,000,000 _li_Commercial Form Injury CSL _K_Elevator Liability _1L Premises - Operations _2L_Explosion & Collapse Hazard _K_Underground Hazard Personal $ Included _1LProducts/Completed Injury Above Operations Hazard _K_Contractual Insurance _K_Broad Form Property Damage I _K_Independent Contractors _1L Personal Injury Property $ Included _LOwners, Contractors, Tenants, Damage Above & Landlords Liability A AUTOMOBILE LIABILITY BUA 166802063 11/01/98 Bodily Comprehensive Form Injury $1,000,000 _K_Owned _LHired _lLNon-Owned Property _K_Garage Keepers Legal Liability Damage I $1,000,000 Workers' Compensation we 166801950 11/01/98 Statutory B Employers Liability Same $1,000,000 each accident c Employee Dishonesty/ 4865216 Fidelity Insurance CANCELLATION: SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ABOVE NAME CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. BROKER: Willis Corroon of California 444 Market Street, STE 1600 San Francisco, CA 94111 10/07/97 DATE ISSUED 11/01/98 $1,500,000 I I I I ---PAGE BREAK--- NOTICE OF PERSONAL SERVICES CONTRACT NOTICE IS HEREBY GIVEN that the City Council of the City of Moscow, Idaho has entered into a professional services with American Bulding Maintenance Co. for janitorial services for the City of Moscow. Such contract to run from October 1, 1997 until September 30, 1998. The City shall pay a yearly fee of $35,938.56 in equal installments. The personal services contract is on file in the business office at the City Hall Annex, 122 East Fourth and is available for inspection during regular business hours. The above notice is published as required by Idaho Code 59-514 this 4th day of September, 1998. Elaine Russell, City Clerk, CMC/ICCCFO Publish: September 4, 1997 pubcont. doc. ( 4) ---PAGE BREAK--- Affidavit of Publication STATE OF IDAHO Count\ of Latah Mary Shiel Legal Clerk being fir t duh sworn, on oath, deposes and says: Th.at she is the printer of \loscm,-Pullman lhih cw". a newsp