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PERSONAL SERVICES CONTRACT THIS AGREEMENT, made the 4th day of October, 1993, between the City of Moscow, a Municipal Corporation of the State of Idaho, (hereinafter "CITY") and C & C JANITORIAL, (hereinafter "JANITOR") : WITNESSETH: WHEREAS, the CITY is in need of janitorial services for City Hall, Community Center, 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 3 0, 1994 unless said Agreement shall be terminated as hereinafter provided. 2. REMUNERATION: The CITY will pay JANITOR for such services, a yearly fee of $15, 300. 00 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, 1993, 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, 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. PERSONAL SERVICES AGREEMENT: JANITOR: PAGE 1 ---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 (Mon-Fri) in city Hall 5 days per week (Mon-Fri) in the Community Center 5 days per week (Mon-Fri) in the Youth Center B. JANITOR shall perform the following Daily Service: 1) Empty all waste baskets and place contents in dumpster at City Hall or Community Center for disposal; 2) Empty and clean ash urns; 3) Sweep and/or dust mop all floor surfaces, including elevator; 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; 10) Wash entrance doors and entrance glass (interior and exterior) ; 11) Wash and clean drinking fountains; 12) Vacuum all carpets; 13) Keep janitor closet clean and orderly; 14) Wipe clean all sinks, counters, and tables in conference rooms and utility kitchens. PERSONAL SERVICES AGREEMENT: JANITOR PAGE 2 ---PAGE BREAK--- c. JANITOR shall perform the following Weekly Service: 1} Damp mop all tile floors (Youth Center and 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 at entrances; 10) Wipe down elevator walls. 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) Damp mop and buff all tile floors to maintain a high shine. E. JANITOR shall perform the following Bi-Annual Service: 1) Steam clean carpeting and chairs, except those chairs in Council chambers; 2) Scrub and wax all tile floors; all upholstered Community Center 3) Disassemble and clean ceiling light fixtures. PERSONAL SERVICES AGREEMENT: JANITOR PAGE 3 ---PAGE BREAK--- F. 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 bi-annual and annual stripping, waxing, and steam cleaning duties in advance; D. Attend a meeting with appropriate city officials for 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. PERSONAL SERVICES AGREEMENT: JANITOR PAGE 4 ---PAGE BREAK--- 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. 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. 12. CONTRACT DOCUMENTS: This Agreement consists of the following documents: A. This Agreement; B. Cleaning Quality Requirements (Exhibit A) IN WITNESS WHEREOF, the parties hereto have set their hand this day of cQ;i;;.lJA , 1993. CITY OF MOSCOW: p ATTEST: PERSONAL SERVICES AGREEMENT: JANITOR PAGE 5 ---PAGE BREAK--- EXHIBIT "A11 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, and 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 and/or 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; 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. , properly rinsed; and dry mopped to present an overall appearance of cleanliness. All surfaces shall be dry and corners and cracks clean after wet mopping or scrubbing. 4. Finishinq and Buffinq: 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 ---PAGE BREAK--- B. Dusting requirements: apply proper finish removers, stripping 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, and 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-mopping 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: 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 about 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, molding and legs shall be free of all dust. 3. There shall be no oils, spots, or smudges on dusted surfaces caused by dusting tools. ---PAGE BREAK--- 4. Cobwebs will be removed. 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, and other discarded materials, picking up and removing from areas inside the building wads of gum, spots of tar, and other foreign substances; mopping up wet areas caused by spillage, accidents, or inclement weather. F. Window Washing and Glass Cleaning l. 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. Screens which require removal before windows can be cleaned but 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 floor 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 encrustations. 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 drawers 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. 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 the 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.