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PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT, made this 1st day of October, 2007, between the City of Moscow, a Municipal Corporation of the State of ldaho, (hereinafter "CITY") and Service Master Building Maintenance (hereinafter "JANITOR"): W I T N E S S E T H : WHEREAS, CITY is in need of janitorial services for City Hall, Moscow Police Station, Eggan Youth Center (hereinafter Youth Center), Fire Station No.3, the Hamilton Indoor Recreation Center (HIRC), and the Paul Mann Building 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. NON-APPROPRIATION CONTINGENCY: This Agreement is contingent upon CITY receiving the necessary funding to cover financial obligations of CITY. In the event that such funding is not received or appropriated, then, and in that event, CITY'S obligations under this Agreement shall cease and each party shall be released from further performance under this Agreement without any liability to the other party. 2. TERM: The term of this Agreement shall be effective from the I st day of October, 2007 ending September 30,2010. 3. REMUNERATION: CITY will pay JANITOR for such services, an amount not to exceed seventy one thousand, seven hundred two and forty one/hundredths dollars ($71, 702.40) paid on or before the 1 O'h day of each calendar month, the first payment to be made on or before the JO'h day of November, 2007. 4. 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 JANITOR'S best efforts to carry out daily service duties, weekly service duties, service duties, service duties, quarterly duties, bi-annual service duties and annual service duties. 5. DUTIES: JANITOR shall perform all duties according to commonly accepted industry standards and practices in confom1ance 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 (Mon-Fri) in the Moscow Police Station 5 days per week (Sun-Thurs) in the City Hall 5 days per week (Sun-Thurs) in the Youth Center PROFESSIONAL SERVICES- JANITOR 2007-2010 PAGE 1 OF7 2007-40 ---PAGE BREAK--- 5 days per week (Sun-Thurs) in the Paul Mann Building 5 days per week (Sun-Thurs) in the Fire Station No. 3 5 days per week (Sun-Thurs) in the Hamilton Indoor Recreation Center B. JANITOR shall perform the following Daily Service: I. Empty all waste baskets and place contents in dumpster at the Police Station, the HIRC, Fire Station No. 3 and City Hall for disposal, as appropriate. 2. Empty and clean ash urns. 3. Sweep and/or dust mop and/or vacuum 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 and locker room vinyl, tile, and concrete floors. 7. Clean and sanitize sinks, toilets, urinals and other restroom fixtures. Clean mirrors. Spot clean mirrors in the HIRC daily. 8. Wipe down stall walls in restrooms. 9. Clean and refill all restroom dispensers. 1 0. Wash entrance doors and entrance glass (interior and exterior). II. 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 kitchens. 15. Sweep and/or vacuum stair landings and steps of south staircase in City Hall. C. JANITOR shall perform the following Weekly Service: 1. Damp mop all wood, vinyl and tile floors (Youth Center, HIRC, and City Hall floors shall be done three days per week: Sunday, Tuesday and Thursday). Use City auto scrubber on HIRC floors 2. Remove scuff marks as necessary. 3. Clean interior glass within reach. 4. Clean cleared desk tops, counter tops, tile cabinets, wastebaskets, drawer faces . 5. Clean light fixture exteriors. 6. Dust all woodwork, walls, partitions and storage cubbies in the HIRC gym and the Youth Center. 7. Wash and clean restroom walls and kitchen walls near sinks, trash cans and ranges. 8. Clean stains or spots on carpets. PROFESSIONAL SERVICES· JANITOR 2007 • 2010 PAGE2 OF 7 ---PAGE BREAK--- 9. Sweep and/or vacuum stair landings and steps including exterior landings and entrances. 10. Wipe down elevator walls. II. Buff ail tile, wood and terrazzo floors to maintain a high shine. 12. Vacuum all upholstered furniture. 13. Scrub gym floor in HIRC. D. JANITOR shall perform the following Service: I. Dust all areas and clean interior glass requiring a ladder to reach. 2. Wash and clean all walls. 3. Clean exterior windows. 4. Wet mop stair landings and steps. 5. Clean carpeting in the first floor hallway and elevator (City Hall). 6. Clean carpeting in the hallways (Moscow Police Station). 7. Clean spots and stained carpets in Fire Station No.3. E. JANITOR shall perform the following (six times per year) Service: I. Clean carpeting in the hallways (City Hall second and third floors and Administration reception area). 2. Scrub and wax linoleum tile floors at the Eggan Youth Center and the Police Station. F. JANITOR shall perform the following quarterly service (four times per year) at Fire Station No. 3: Scrub and refinish tile floors to maintain gloss. G. JANITOR shall disassemble and clean insects from ceiling light fixtures three times per year (June, September, and October). H. JANITOR shall perform the following Bi-Annual Service: I. Steam clean carpeting and all upholstered furniture 2. Scrub and wax all tile, vinyl and terrazzo floors I. JANITOR shall perform the following Annual Service: I. Strip, scrub and wax all tile, vinyl and terrazzo floors 2. Wipe down or wash all Venetian blinds and shades 6. ADDITIONAL DUTIES OF JANITOR: A. Will be responsible for securing buildings upon completion of work. PROFESSIONAL SERVICES· JANITOR 2007 • 2010 PAGE 3 OF 7 ---PAGE BREAK--- 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 5:00p.m. Work at the Police Station will be completed during regular business hours unless otherwise approved. C. Shall provide a schedule of periodic floor, window and upholstery cleaning dates in advance. D. Attend a meeting with appropriate CITY officials for the purpose of evaluating the previous month's work. E. Building janitors shall report material and supply needs to their supervisors. Supervisor will report needs to City. 7. SUBCONTRACTING: A minimum of eighty percent (80%) of the duties and work described above shall be accomplished by 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 Agreement. 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 services performed thereunder. 8. INSURANCE/WITHHOLDINGS: JANITOR expressly understands and agrees that JANITOR shall be fully responsible for JANITOR ·s workers compensation insurance, State and Federal withholding taxes, FICA withholding, etc. JANITOR further agrees that JANITOR shall be solely responsible for JANITOR'S 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 whatcver nature of JANITOR or JANITOR'S employees. 9. TERMINATION: This Agreement may be terminated without cause at any time by the CITY giving the JANITOR thirty (30) calendar days notice in writing of its intention to terminate the same. 10. 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. II. BONDING: JANITOR shall obtain, at JANITOR'S sole expense: A tidelity bond in the amount of Five Thousand Dollars ($5,000) per employee. Such bond must be furnished to the CITY within five days of commencing work under this agreement. Such bond shall apply to all work performed pursuant to this Agreement, whether actually performed by JANITOR, JANITOR'S employees, or subcontractors. 12. LIVING I MINIMUM WAGE: As a condition of this Agreement, (name of contractor) shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform services for City pursuant to this PROFESSIONAL SERVICES- JANITOR 2007-2010 PAGE40F7 ---PAGE BREAK--- Agreement, working full time, the living wage I minimum wage established by Resolution 2006-18 or as established by duly adopted Resolution of the Moscow, Idaho City Council, whichever is greater, during the pendency of this Agreement. Such City living wage I minimum wage shall be that in effect on the date of execution of this Agreement. Failure to pay such living wage I minimum wage shall be considered to be a breach of this Agreement. 13. JURISDICTION AND VENUE: It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. 14. INDEMNIFICATION: JANITOR waives any and all claims and recourse against CITY, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to JANITOR'S performance of this Agreement. except for liability arising out of the sole negligence of CITY or its officers. agents, or employees. Further, JANITOR shall indemnifY, hold harmless, and defend CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of JANITOR'S performance of this Agreement, except for liability arising out of the sole negligence of CITY or its officers, agents, or employees. If CITY is determined to be solely negligent by a final decision in a court of!aw and such sole negligence by CITY directly results in judgment(s costs, and/or expenses to JANITOR, then CITY shall reimburse JANITOR for the portion of such judgment(s), costs and/or expenses attributed to CITY as a result of such determination of CITY'S sole negligence. 15. MODIFICATION: This Agreement constitutes the entire agreement between CITY and JANITOR. No agreements, amendments, modifications, implied or otherwise, shall be binding on any of the parties unless set forth in writing and signed by both parties. 16. SEVERABILITY: The illegality, invalidity or unenforceability of any term, condition, or provision of the Agreement shall in no way impair or invalidate any other term, condition, or provision of the Agreement. All such other terms, conditions, and provisions shall remain in full force and effect. PROFESSIONAL SERVICES- JANITOR 2007-2010 PAGE 5 OF 7 ---PAGE BREAK--- 17. CONTRACT DOCUMENTS: This Agreement consists of the following documents: A. This Agreement; B. Cleaning Quality Requirements (Exhibit IN WITNESS WHEREOF. the parties hereto have set their hand this September, 2007. JANITOR: CITY OF MOSCOW: £z Evan Strickfaden, Authonzed Agent Service Master Building Maintenance of PROFESSIONAL SERVICES- JANITOR 2007-2010 PAGE60F7 ---PAGE BREAK--- STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) ACKNOWLEDGMENT rȃ . On this day of , 2007, before me, a Notary Public in and for said State, appeared Evan Strickfaden, known to me to be the person named above and acknowledged that he/she executed the foregoing Professional Services Contract as the duly authorized representative for Service Master Building Maintenance. PROFESSIONAL SERVICES- JANITOR 2007-2010 PAGE 70F 7 ---PAGE BREAK--- EXHIBIT" A" CLEANING QLALITY REQl'IREME:'\ITS Services performed under this Agreement shall be subject to inspection and approval by the CITY. This Exhibit outlines the rninimum acceptable standards: A. Floor Maintenance I. 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 darmge and to avoid disturbing work on the desks. Upon completion of work, all fhrniture and equipment must be returned to its original position. Baseboards, walls, stair risers, furniture. and equipment shall in no way be splashed, disfigured, or dar11agcd during these operations. Proper precautions shall be taken to advise building occupants of wet and/or slippery !1oor 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. ~ Sweepingţ<1J1d Damp MQ.PJling: After sweeping and damp mopping operations, all floors shall be clean and tree of dirt streaks:. no din shall be lett in corners, behind radiators, under furniture, behind doors, on stair landings and treads. Ťo dirt shall be left where sweepings were picked up. There shall be no dirt, trash, or foreign matter under desks, tables, or chairs. yYet 'v1opping. The !1oors 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 f1oor surface. On completion of the mopping and scrubbingť the !1oors shall be clean and free of dirt. water streaks. mop marks. string, etc. Floors shall be properly rinsed and dry mopped w represent an overall appearance of cleanliness. All surfaces shall be dry and corners and cracks clean after wet mopping or scrubbing. 4. F iniŧhing and Elufli.tlli· Proper preparation of a floorŦ bd(Jrc rel!nishing, is considered the most important procedure in floor maintenance. lherefore. special attention shall be given to the following requirements: apply proper tin ish removers, stripping agents and detergents to the tloor. 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 tvpc and condition of tloor. EXHIBIT Page 1 of 9 ---PAGE BREAK--- 5. Damp Mopping and lll][[igg. At the stated frequencies. floors shall be damp-mopped and butTed 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 tloor area shall then be machine buffed to a polished appearance. 6. Rug Vacurrmirrg: 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 hom under furniture. (Obvious surface din referred to is any visible to reign matter hmnd on the floor. rug. or carpet surface.) 7. Miscellaneous: a. Rugs: Alter each thorough vacuuming. all rugs shall be clean. fl·ec from dust balls. dirt and other debris. b. Toilets: Special attention shall be given to floors around urinals and commodes fclr elimination of odors and stains and to provide a unif(mnly clean appearance throughout. B. Dusting Dust shall not be moved from spot to spot. but removed directly ti·om 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 surfitccs. 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. fhis task consists of usiug a clean damp cloth or sponge to remove all dirt. spots. streaks and smudges from walls. glass and other specilied surbces and then drying to provide a polished appearance. The wetting solution shall contain an appropriate cleaning agent. When damp wiping in toilet areas. a multipurpose rdisinfectant-deodorizing; cleaner shall be used. EXHIBIT Page 2 of 9 ---PAGE BREAK--- D. Briuht Metal Polishing Bright metal polishing may be performed by damp wiping and drying with a suitable cloth if a polished appearance is attained. Ilowever. 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 f(lreign substances or other discarded materials: mopping up wet areas caused by spillage. accidents. or inclement weather. 1. /\Iter each washing operation. all glass shall be clean and fl-ee of dirt. grime, streaks. excessive moisture and shall not be cloudy. Glassware removed during the operations shall be returned to its original position. ' J. 4. 5. 6. Window sashes. sills, woodwork surrounding interior glass and other such surroundings shall be thoroughly wiped free of drippings. watermarks. dust and dirt. Cleaners shall use pads to protect window sills when standing on or placing cleaning materials on them. and all such pads and: or cloths necessary to protect C:itv property shall be hrrnished by the contractor. Windows. which require cleaning on both sides. will have the inside and outside cleaning perf(mned on the same day. Any screens, which require removal before windows can be cleaned, shall be removed. but these screens will be replaced after the windows arc cleaned. The window washing shall be so scheduled and peri(>rmecl 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. :\OTE: All cleaning must be done in confi.mnance with safety and other local laws and regulations. 1. Porcelain lixturcs (drinking fountains. wash basins. urinals. toilets. etc.) shall be clean and bright. There shall be no dust, spots. stains. ruse green mokL encrustation or excess moisture. EXHiBIT Page 3 of 9 ---PAGE BREAK--- ? \Valls and lloors adjacent to lixtures shall he free of spots. drippings. and water marks. 3. Drinking fountains shall be kept free of trash. ink. coffee grounds. etc and nozzles fl·ee from encrustation. Following this cleaning operation. smudges. marks or spots shall have been removed from the designated areas vvithout causing discoloration. EXHIBIT Page 4 of 9 ---PAGE BREAK--- 1. Quality cleaning will be required. including ti1ll performance of all specified dailv sen ices on the first oflicial working day of the contract period. 4. 5. 6. '\Jormally, heating and air conditioning arc curtailed upon the vacating of the space by the building occupants. Air conditioning will be provided only during the ufficial hours of dutv of the building occupants. The JA.'JlTOR shall supply the ClfY with a current list of employees assigned to clean City facilities. The list shall be updated as employee turnover occurs. The J/\1'\JTO R shall prohibit his or her employees from disturbing papers on desks. opening desk drawers, or cabinets. or using telephone or oflice equipment provided f(Jr official City use. The JANITOR shall require his or her employees to comply with the instruction pertaining to conduct and building regulations issued by duly appointed officials. 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 his/her en1ployee bulletin board. 7. The JA.'JITOR shall service all toilet rooms to maximum extent (all daily and weekly duties) during the last contract day. Stocks of paper supplies and hand soap for dispensers remaining at the termination of the last official workday shall not be removed. 8. The JA.'J!TOR is responsible for damage caused due to negligence in the perf(Jrmance of this Agreement. 9. The JANITOR shall provide all equipment and cleaning supplies required. B. STORAGE SPACE. ROC):vlS Space available in the building for this purpose will be assigned to the JANITOR f(,r the storage of bulk supplies and the equipment to be used in the performance of work under this Agreement. /\II space shall be kept in a neat. orderly condition. JANITOR'S closets located at various points throughout the buildings. rna: be used by the JAl'\lTOR t(Jr storing equipment including mops. brooms clus1 cloths. and other items. lhese closets and the stored equipment shall be clean and in order. EXHIBIT Page 5 of9 ---PAGE BREAK--- Failure to keep any of the facilities described ahove in a clean condition may result in the withdrawal of the privilege of using them. The CITY shall not he responsible in any way for damage to the JA\JITOR'S stored supplies, materials or equipment, the supplies, materials or equipment kept throughout the building in JANITOR'S closets, or the JA"JITOR'S employees' personal belongings brought into the building. EXHIBIT Page 6 of 9 ---PAGE BREAK--- BliLDI_G FLOOR A REAS AND TYPE Building CITY HALL "'lain Floor Finance Director's Otlice Finance Office and Hall Copv room Entry and main lobby Men's restroom \Vomen's restroom North corridor Elevator vestibule Art Director's Ofilce Conference room Second Floor Council cham bcrs Lunch room \!lay or" s Office Hall (out of conference room) Elevator vestibule Men's restroom Women's restroom New corridor Lobby "iet Square Footage 180 1.086 61 1.085 55 100 50 215 65 194 306 1.635 340 180 70 65 !05 225 !90 565 (Plus two sets of stairs. landings and elevator) Third Floor EXHIBIT'K City Supervisor's Office Administration : Reception Human Resources Grants Coordinator Hallways Information Systems City Attorney City Clerk Legal Janitor closet \len's restroom Women's restroom l'tility room 324 360 270 171 954 252 204 100 513 65 72 104 24 Tvpe Floor carpet carpet carpet terrazzo tile tile tile carpet carpet carpet carpet carpet carpet carpet carpet carpet ceramic ceramic carpet carpet carpet carpet carpet carpet carpet carpet carpel carpet carpet vinvl vinyl vinyl vinyl Page 7 of 9 ---PAGE BREAK--- BCILDING FLOOR AREAS AND TYPE Building POLICE STATION (East Side) Restrooms ( 4 l Training room Oflices Break room Copy room:records room Hallways Reception Lobby Interview rooms POLICE STATION (West Side) Hallways Offices Restroom Report writing room Exercise rocnn Kitchen Two sets of stairs Locker room Women· s locker room Lobby YOUTH CENTER Restrooms Offices Main room TV room Hallways Kitchen PAl'L :YIANN BULDING Restroom Otlices Building office lobb; Engineering Copy room Break room Two sets of stairs EXHIBIT Net Square Footage 251 504 1,395 300 220 405 405 180 120. 120 112 708 975 110 328 355 30 304 54 90 285 677 2.378 611 774 96 ISO 484 I ,284 725 84 228 Tvpe Floor tile car[et carpet tile carpet tile: carpet carpet tile. carpet carpet carpet carpet concrete vinyl carpet tile concrete tile carpet tile tile carpet tile carpet tile tile tile:vinyl carpet carpet carpet tile carpet vinyl Page 8 of 9 ---PAGE BREAK--- BULDI\G FLOOR AREAS A\D TYPE Building Fire Station No.3 Vestibule Lobby Hallway Office Area Training Room Restrooms Hamilton Indoor Recreation Center (HIRC) Vestibule Lobby Offices Equipment room Women· s I ocker room :Vlen' s locker room );orth hallway Gvmnasium Multipurpose room Small kitchen Restrooms EXHIBIT""''. \et Square Footage 140·197.5 144 95 681 589 114 95 1.490 456 527 597 533 645 259 1 (L923 2.638 49 1 12 Tvpc Floor walk -off matiti le tile carpet carpet carpet tile carpet carpet carpet corKrete concrete concrete tile/carpet wood tile tile tile Page 9 of 9 ---PAGE BREAK--- ATTACH'VIEl'iT RESOIXTIO_ :'liO. 2006-18 A R ESOLUTION OF THE CITY OF :VIOSCOW. A MU'-;lClPAL CORPORATIO'-; OF THE STATE OF IDAHO, E STABL!Slii'JG A POLICY TO REQURE THAT THE CITY PAY TO ITS CITY EMPLOYEES 'JOT LESS TlL\l'\ A L!Vll'\G \\AGE ?vll 'il:V1U\1 WAGE Al\D ESTA.BLISH!:\:G A POLICY TO REQURE CO:\:TRACTORS \VIlli THE CITY TO PAY TO THEIR LABORERS, MECI-IAl\lCS, StBCO'-;TRACTORS. EV1PLOYEES. AGE'JTS \'JD ASSIG'JS THE CITY-E STABLISHED LIV!Vi WAGE Ml'\IMCVl WAGE; PROV!Dl"-'Ci THIS RESOLl.TlO"J TO BE EFFECTIVE LPO\: ITS PASSAGE A'JD APPROVAL WHEREAS, more than one hundred ( 1 UOI cities and counties throughout the United States have established a living wage for their communities; and WHEREAS, one of the purroses of establishing such wage is to assist is employees in obtaining and maintaining a reasonable standard of living; and \VHEREAS, City employees and persons contracting with the City are supported by tax dollars from the community which tax dollars should reflect the values of the community: and WHEREAS, it is the desire nf the Council to use City funds to promote the creation of a livable wage which, in mrn, is designed to increase the ability of City employees and those who contract with the City to obtain sustenance. decrease the amount of poverty, and to reduce the amount of tax payer funded social services within the community: and WHEREAS. as an extension of this Citv value. the Council wishes to with only those persons and/or entities who will pay at least the City-established living wage. minimum wage to their laborers, mechanics. subcontractors. employees. agents, and assigns who perf(mn services on such City contracts: and WHEREAS, an additional intent of the City. through this Resolution. is to require that a clause be placed in all appropriate contracts of the City to require the establishment and payment of such City-established bing wage minimum wage; and WHEREAS, the Council invites and encourages all employers in the community to establish employee compensation that retlects a wage that can cover basic living expenses: NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of \1oscow, Idaho as follows: I. City to pay its employees the City-established living wage wage. A. The City hereby adopts. as a permanent and continuing policy of the City. a City li\'ing \vage minimun1 \Vage to be paid to each and every cmploy·ec. as es1ahlished by the following formula, unless specifically by this Resolution: ---PAGE BREAK--- T'he current Federal n1inimum wage rate or a specific living wage n1tmmum wage established bv separate Resolution of thc CounciL whichever is greater. B. This policy applies to every covered. non-exempt Fair Labor Standard /1.ct (FLSA) \\orker. as those terms arc defined in the FLSA. who works forty r40) hours or more per week for the City of \;loscow. Idaho but this polin shall not apply to part-time ancJior seasonal City emplovees. C. Nothing in this policy is imended to or shall be considered to alter the employment status of any City employee who is exempt from hourly calculation of wage according to FLSA rules and regulations. D. Nothing in this policy is intended to or shall act as an alteration of any guidelines or standards established by City of \;loscow Personnel Policies. II. Contractors to pay City-established living wage minimum wage. A. Unless exempted by Section II.B of this Resolution. all who contract with the City shall pay to all of their laborers. mechanics. subcontractors. employees. agents. and assigns who perform services for the City on such a contract. employed full time. at least the City living wage minimum wage established in Section LA of this Resolution. B. Exemption from payment of the City established living wage mmtmum wage pursuant to this policy shall be only as follows: I 3. 4. 5. Where the contracting business employs fewer than ten ( l 0) full time employees; When the contracting business is a non-profit organization or institution; Where the contract is primarily l(n the provision of goods; \Vhere the services contract has a total value reasonably expected to be less than twenty five thousand dollars ($25.000): or Where a specific exemption from this policy is granted by a majority vote of the Council. C The following clause shall be added to any contract the City makes with any and all contractors: As a condition of this Agreement, (name of shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who pcrf(mn services l(H City pursuant to this Agreement. working full time, the living wage minimum wage established by Resolution 2006-18 or as established by duly adopted Resolution of the '-"loscow, [daho City Council, whichever is greater. during the pendency of this c\grcemcnt. ---PAGE BREAK--- Such City living wage . minimum wage shall be that in effect on the date of execution of this Agreement. Failure to pav such living wage minimum wage shall be considered to be a breach of this Agreement. PASSED AND APPRO\'ED by the \layor of the City of \losc liQ6UOO ' I•L OIS!O.S<'" • I E,l. DISEASE' POLICY LIMIT ' 12/30/2()06 12/10/2007 HO,>IOO 30• lOC )00 1 00 )00 z.o )0 00,0( 2 ooo.ooc 1.000.000 l è00,00( l è00,00( 1 000, 00( $%l&vtion Lia 41 i Ol/26/7nn7 01/26.2008 $1.000.000 Claims madǽ 0E.3CRIPT!ON Of OPERATIONS I 1..vv S AOOED 8V I CERTIFICATE HOLDER • Tin"' SHOULD ANY Of TtiE Ali:OVIE' POLICI£5 BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF, THE !&SUING !N&UA:IH Will ENOUVOR TO WJL _1L OAYS WRI'tTEN NOTIC£ TOTHf. CEA:TlFICATI! HOlO!Iit t.IAMEOT9 THt' LEFT, City of Moscow BUT FAJLURE TO MAll SUCH NOTICE. $HALL.lt.tP¢tE NO O&UC.ATION OR UA81UTY PO Box 9l03 OF AH'f I , I 1tY @ACORD CORPORATION 1988 ---PAGE BREAK--- H w® Western Surety Company JANITORIAL SERVICE BOND Bond No. 69638520 In consideration of an agreed premium, Western Surety Company, a South Dakota corporation, hereby agrees to indemnify Evcare, Inc. dba Servicemaster Building Maint. of P. 0. BOX 8504, MOSCOW, ID 83843 (the "Obligee"), against loss of money or other property, real or personal, belonging to any and all subscribers (the "Subscriber") to its services, or in which the Subscriber has a pecuniary interest , or for which the Subscriber is legally liable, which the Subscriber shall sustain as the result of any fraudulent or dishonest act, as herein-after defined, of an Employee or Employees of the Obligee acting alone or in collusion with others, and for which the Obligee is liable, the amount of indemnity on each of such Employees being FIVE THOUSAND AND N0/100 DOLLARS($ $5.000.00 THE FOREGOING AGREEMENT IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITAT!ONSo TERM OF BOND: SECTION 1. The term of this bond begins with the 30 day of December , 2003 , at 12o00 o'clock night, standard time, at the address of the Obligee above given, and ends at 12:00 o'clock night, standard time, on the effective date of the cancellation of this bond in its entirety. DISCOVERY PERIOD, SECTION 2. Loss is covered under this bond only if sustained through any act or acts committed by any Employee of Obligee while this bond is in force as to such Employee, and if discovered prior to the expiration or sooner cancellation of this bond in its entirety as provided in Section 11, or from its cancellation or termination in its entirety in any other manner, whichever shall fust happen. DEFINITION OF EMPLOYEE: SECTION 3. The word Employee or Employees, as used in this bond, shall be deemed to mean, respectively, one or more of the natural persons (except directors or trustees of the Obligee, if a corporation, who are not also officers or employees thereof in some other capacity) while in the regular service of the Obligee in the ordinary course of the Obligee's business during the term of this bond, and whom the Obligee compensates by salary or wages and has the right to govern and direct in the performance of such service, for whom a premium has been paid, and who are engaged in such service within any of the States of the United States of America, or within the District of Columbia, Puerto Rico, the Virgin Islands, or elsewhere for a limited period, but not to mean brokers, factors, commission merchants, consignees, contractors, or other agents or representatives of the same general character. FRAUDULENT OR DISHONEST ACT: SECTION 4. A FRAUDULENT OR DISHONEST ACT OF AN EMPLOYEE OF THE OBLIGEE SHALL MEAN AN ACT WHICH IS PUNISHABLE UNDER THE CRIMINAL CODE IN THE JURISDICTION WITHIN WHICH ACT OCCURRED, FOR WHICH SAID EMPLOYEE IS TRIED AND CONVICTED BY A COURT OF PROPER JURISDICTION. MERGER OR CONSOLIDATION: SECTION 5. If any natural persons shall be taken into the regular service of the Obligee through merger or consolidation wiih some other concern, the Obligee shall give the Surety written notice thereof anci shall pay an additional premium on any increase in the number of Employees covered under this bond as a result of such merger or consolidation computed pro rata from the date of such merger or consolidation to the end of the current premium period. NON·ACCUMULATION OF LIABILITY: SECTION 6. Regardless of the number of years this bond shall continue in force and the number of premiums which shall be payable or paid, the liability of the Surety under this bond shall not be cumulative in amounts from year to year or from period io period. LIMIT OF LIABILITY UNDER THIS BOND AND PRIOR INSURANCE, SECTION 7. With respect to loss or losses caused by an Employee or which are chargeable to such Employee as provided.in Section 4 and which occur partly under this bond and partly under other bonds or policies issued by the Surety to the Obligee or to any predecessor in interest of the Obligee and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such loss or losses thereunder are discovered, the total liability of the Surety under this bond and under such other bonds or policies shall not exceed, in the aggregate, the amount carried under this bond on such loss or losses or the amount available to the Obligee under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss or losses, if the latter amount be the larger. DEDUCTIBLE, SECTION 8. The Surety shall not be liable under this bond on account of any loss or losses through fraudulent or dishonest acts committed by any Employee of Obligee, unless the amount of such loss or losses, after deducting the net amount of all reimbursement and/or recovery, including any cash deposit taken by the Obligee, obtained or made by the Obligee or the Surety on account thereof, prior to payment by the Surety of such loss or losses, shall be in excess of ONE HUNDRED DOLLARS ($100.00), and then for such excess only, but in no event for more than the amount of insurance carried on such Employee under this bond. If more than one Employee commits the fraudulent or dishonest act resulting in such loss or losses, said deductible amount shall apply to each Employee so involved. Form 1375-10-2002 - ' ; iJ 0; . ' ---PAGE BREAK--- SALVAGE, SECTION 9. If the Obligee shall sustain any loss or losses covered by this bond which exceed the amount of coverage provided by this bond, the Obligee shall be entitled to all recoveries, except from suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Su:rety, by whomsoever made, on account of such loss or losses under this bond until fully reimbursed, less the actual cost of effecting the same; and less the amount of the deductible carried on the Employee causing such loss or losses; and any remainder shall be applied to the reimbursement of the Surety. CANCELLATION AS TO ANY"EMPLOYEE, SECTION 10. This bond shall be deemed cancelled as to any Employee: immediately upon discovery by the Obligee, or by any partner or officer thereof not in collusion with such Employee, of any fraudulent or dishonest act on the part of such Employee; or at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served upon the Obligee or sent t>Y mail.- Such date, 'if the-notice be- SE;IVed,:shall be nQt less than ten (10) days after such service, or, if sent by mail, not less than fifteen ( 15) days after the mailing. The mailing by Surety of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof of notice. CANCELLATION AS TO BOND IN ITS ENTffiETY' SECTION 11. This bond shall be deemed cancelled in its entirety at 12:00 o'clock night, standard time, upon the effective date specified in a written notice served by the Obligee upon the Surety or by the Surety upon the Obligee, or sent by maiL Such date, if the notice be served by the Surety, shall be not less than ten (10) days after such service, or if sent by the Surety by mail, not less than fifteen (15) days after the date of mailing. The mailing by the Surety of notice, as aforesaid, to the Obligee at its principal office shall be sufficient proof of notice. The Surety shall refund to the Obligee the unearned premium computed pro rata if this bond be cancelled at the instance of the Surety, or at short rates if cancelled or reduced at the instance of the Obligee. - PRIOR FRAUD, DISHONESTY OR CANCELLATION, SECTION 12. No Employee, to the best of the knowledge of the Obligee, or of any partner or officer thereof not in collusion with such Employee, has committed any fraudulent or dishonest act in the service of the Obligee or otherwise. If prior to the issuance of this bond, any fidelity insurance in favor of the Obligee or any predecessor in interest of the Obligee and covering one or more of the Obligee's Employees shall have been cancelled as to any of such Employees by reason of the discovery of any fraudulent or dishonest act on the part of such Employees, or the giving of written notice of cancellation by the insurer issuing Said fidelity insurance, whether the Surety or not, and if such Employees shall not have been reinstated under the coverage of said fidelity insurance or superseding fidelity insurance, the Surety shall not be liable under this bond on account of such Employees unless the Surety shall agree in writing to include such Employees within the coverage of this bond. LOSS · NOTICE · PROOF · LEGAL PROCEEDINGS, SECTION 13. At the earliest practical moment, and at all events not later than fifteen (15) days after discovery of any fraudulent or dishonest act on the part of any Employee by the Obligee, or by any partner or officer thereof not in collusion with such Employee, the Obligee shall give the Surety written notice thereof and within four months after such discovery shall file with the Surety affirmative proof of loss, itemized and duly sworn to, and shall upon request of the Surety render every assistance, not pecuniary, to facilitate the investigation and adjustment of any loss. No suit to recover on account of loss under this bond shall be brought before the expiration of two months from the filing of proof as aforesaid on account of such loss, nor after the expiration of twelve (12) months from the discovery as aforesaid of the fraudulent or dishonest act causing such loss. If any limitation in this bond for giving notice, f1ling claim or bringing suit is prohibited or made void by any law controlling the construction of this bond, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. TEMPORARY EMPLOYEES, SECTION 14. The Obligee shall not at any time while this bond is in force direct any temporary employee(s) to any subscriber's premises unless such person(s) is/are accompanied by a foreman who is in the regular employ of the Obligee. For purposes of this restriction, any person who works less than the normal working hours established by his employer or otherwise fails to meet the definition of "Employee" above is considered a temporary employee. EXCLUSIONS: SECTION 15. This bond does not apply to loss that is an indirect result of any act or loss caused by or involving one or more Employees, whether the result of a single act or series of acts, covered by this insurance including, but not limited to, loss resulting from: a. The Obligee's inability to realize income that would have been realized had there been no loss covered by this bond. b. Payment of damages of any type for which the Obligee is legally liable. Compensatory damages arising directly from a covered loss will be paid. c. Payment of costs, fees, or other expenses incurred by the Obligee in establishing either the existence or the amount of loss under this bond. This bond does not apply to expenses related to any legal action. OTHER INSURANCE, SECTION 16. This bond does not apply to loss recoverable or recovered under other insurance or indemnity. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss, this bond will apply to that part of the loss, other than that falling within any Deductible Amount, not recoverable or recovered under the other insurance or indemnity, but not for more than the amount of indemnity as stated above. DATED .,JĤa"'n"'u"'a"'rCLy_05 n" ' YZ ---PAGE BREAK--- Western Surety Company R I D.E R It is hereby mutually agreed and understood by and between the Pri.ncipai and Western Surety Company, that instead of as originally written: The de finition o f Empl oyee found in Sectio!l. 4 o f the Oond be a:nended to read as foll ows : The coverage on all owners and o f ficers i s hereby excluded . ]o further changes other than above . Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the Bond _ , except as hereinabove set forth. = t. th 5th d f J a_nua_r:_r:_ euec 1ve on e ay o , 'clock am., standard time. f Zf - · f Bond N ng part o _ _ _ o. _ _ _ E R N S U R E T Y C 0 M P A N Y of Sioux Falls, South S. d th· cc-h da - Ji'(nuar y_ - 1gne Js _ _ _ _ y of - , 2 0 0 4 By Form 128-4-2002 Dakota, to C O M P A N Y ---PAGE BREAK--- y® Western Surety Company R I D E R It is hereby mutually agreed and understood by and between the Principal and Western Surety Company, that instead of as originally written: The penalty has been changed to read : Ten Thousand and no/ 1 0 0 ( $ 1 0 , 0 0 0 . 0 0 ) No further changes other than above . Nothing herein contained shall be held to vary, alter, wruve or extend any of the terms, limits or conditions of the Signed this Form 128--4-2002 Bond e- , except as hereinabove set forth. effective on the 3 0 th 1'\'cloc:k a.m., standard time. ing part of Bond day of June . No. 6963R5S Q 2 0 0 5 E R N S U R E T Y C 0 M P A N Y of Sioux Falls, South Dakota, 3 0 th - f day of _.J\l!le ef 2 0 0 5 . at to ---PAGE BREAK--- STATE INSURANCE FUND CERTIFICATE HOLDER: 986830 CITY OF MOSCOW PO BOX 9203 MOSCOW ID 83843 AGENT: 413 ASSOCIATED INDEPENDENT AGENCIES, DBA AlA INSURANCE PO BOX 717 PULLMAN W A 99163 208/882-4547 CERTIFICATE OF WORKERS COMPENSATION INSURANCE The State Insurance Fund hereby certifies that the insurance policy hereunder described is in full force and effect on the date of this certificate and that it remains in full force and effect until canceled. POLICY NUMBER: 568189 INSURED: EVCAR INC PO BOX 8504 MOSCOW ID 83843 ORIGINAL EFFECTIVE DATE: 06/15/1999 Policy in force from 06/15/1999 12:01 a.m. at the mailing address of the insured shown above or the job site in Idaho. PART TWO: EMPLOYERS LIABILITY INSURANCE LIMITS Bodily Injury by Accident $1,000,000 each accident Bodily Injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each accident The insurance coverage applies to employees of the above-mentioned company anywhere in the state of Idaho and also to any employees living in Idaho but working temporarily in a neighboring state. In addition to the required coverage, the following elected coverage also applies: This certificate is valid for one year from date of certificate. In the event of cancellation of said policy, the State Insurance fund will endeavor to notify the party to whom this certificate is issued by providing thirty (30) days advance notice, but the State Insurance Fund sha!l not be !iab!e in any way for failure to give notice. Dated at Boise, Idaho on September 21, 2007 Rosalee Nelson Underwriting Department 208/332-2320 1215 W. STATE STREET • P.O. BOX 83720 • BOISE. IDAHO 83720-0044 PHONE (208) 332-2100 • (800) 334-2370 • www.IDAIIOS!F.org