JEFFERSON COMMUNITY COLLEGE PURCHASING DEPARTMENT 1220 COFFEEN STREET WATERTOWN, NY 13601

Transcription

1 JEFFERSON COMMUNITY COLLEGE PURCHASING DEPARTMENT 1220 COFFEEN STREET WATERTOWN, NY Pursuant to the provisions of Section 103 of the General Municipal Law, State of New York, proposals will be accepted by the Jefferson Community College Purchasing Department at the above address for the item listed herein. This Request for Proposal (RFP) invites sealed, written proposals for Janitorial Services. The College invites qualified service providers to submit proposals for providing these services. Award of this proposal is subject to the appropriation of funds necessary by the Jefferson Community College Board of Trustees. The College is exempt from all taxes and reserves the right to reject any or all proposals. Proposals must be submitted in a sealed envelope plainly marked, Jefferson Community College RFP: Janitorial Services, Attention: Purchasing Department on or before Wednesday, July 19, 2017 at 2 p.m. at the office of Purchasing. If you have any questions regarding the proposal, please contact Tina Bartlett-Bearup at (315) or via at tbartlettbearup@sunyjefferson.edu. If it becomes necessary to revise any part of this RFP, or otherwise provide additional information, an addendum will be issued by the College and furnished to all prospective bidders who have received copies of this original RFP. Attached please find the appropriate Request for Proposal forms and details on the services to be provided. All proposals must be submitted on three (3) complete sets. 1

2 PROPOSAL FOR JANITORIAL SERVICES Jefferson Community College (Hereinafter called the Owner ) Proposal of _ (Hereinafter called the Contractor ) a *, organized and existing under the laws of the State of. 1. The Contractor, in compliance with your Request for Proposal (RFP) for Janitorial Services examined the site of the proposed work, and being familiar with all the conditions pertaining to the implementation of the proposal project, including the availability of materials and labor, hereby proposes to furnish labor in accordance with the contract documents at the prices contained herein (see Attachment A - Janitorial Cost Breakdown). These prices are to cover all expenses, including taxes incurred in performing the work required under the contract documents, of which this proposal is a part. NYS Prevailing Wage Rates are applicable. If any portion of services being proposed is subject to the prevailing wage rate provisions of Labor Law, the successful vendor is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this RFP and will conduct their business in strict compliance with County Law, New York State Laws, Federal OSHA Laws and all other laws that apply. NYSDOL Prevailing Wage PRC# has been assigned to this RFP. The current schedule(s) of the prevailing wage and prevailing hourly supplements can be accessed at the New York State Department of Labor Rates can also be obtained by contacting the Department of Labor at (315) or visiting the link below: 2. Scope of Work The scope of work shall be set forth in Attachment B to this proposal. 3. Schedule of Attachments A. Janitorial Services Cost Proposal B. Janitorial Services Specifications C. Proposers Acknowledgment D. Contract E. Terms and General Conditions F. Safety & Training Program Acknowledgement G. Vendor Disclosure Statement H. Rider to Service Contract I. Janitorial Services Areas 4. Sealed proposals will be received: Proposals will need the RFP (Completed Request for Proposal Form including Janitorial Services Cost Breakdown pages), Proposer s Acknowledgment (Attachment C), and Vendor Disclosure Statement (Attachment D) as well as other required documents herein. 2

3 PROPOSALS must be provided in a SEALED ENVELOPE clearly marked SEALED RFP JANITORIAL SERVICES addressed to: Jefferson Community College RFP: Janitorial Services Attn: Tina Bartlett-Bearup/Bldg Coffeen Street Watertown, NY Faxed bids will not be accepted. Proposals will not be publicly opened. No bid bond required. JCC reserves the right to reject any bid. 5. Schedule of Work The Contractor shall conform to the following schedule: MANDATORY SITE WALK-THROUGH: REQUESTS FOR PROPOSALS DUE: Monday, July 10 th, 2017 AT 1pm In Commons (call (315) to confirm attendence) Wednesday, July 19 th, 2017 at 2PM COMMENCEMENT OF CONTRACT: September, 1,

4 ATTACHMENT A - JANITORIAL SERVICES COST PROPOSAL The Contractor s proposal is based on a three (3) year contract term subject to all provisions of Attachments A- H. Jefferson Community College may choose to extend the Agreement at contract expiration. A. DAILY CLEANING Submit a lump sum price to complete the cleaning of Building 4 (McVean) and Building 6 (Jules) on the Jefferson Community College as scheduled by the Owner. Tasks will include the scope outlined in Attachment B Cleaning Specifications and will generally take place between 10:00 p.m. and 6:30 a.m. Monday - Friday except on Holidays designated in this agreement. Daily Cleaning Contractor s Proposal: B. SEMI-ANNUAL CLEANING Semi-annual cleaning tasks are included in the Daily Cleaning bid price above. Semi-annual tasks are outlined the scope outlined in Attachment B Cleaning Specifications and will generally take place between 10:00 p.m. and 6:30 a.m. Monday -Friday except on Holidays designated in this agreement. C. ANNUAL CLEANING Annual cleaning tasks will be performed by Jefferson Community College staff. Annual tasks are outlined the scope outlined in Attachment B Cleaning/Janitorial Services Specifications and will generally take place between 3:30 p.m. and 6:30 a.m. Monday - Sunday except on Holidays designated in this agreement. D. ON CALL CLEANING Submit an hourly rate for the following services to be supplied at the request of the owner. This work consists of the occasional providing of services to meet special needs, scheduled events, weekend activities or other tasks not within the normal routine cleaning of the Jefferson Community College Buildings. Hourly rate for Cleaner Hourly rate for Supervisor Overtime rate for Cleaner Overtime rate for Supervisor Contractor s Proposal: Contractor s Proposal: Contractor s Proposal: Contractor s Proposal: E. OTHER SERVICES Please attach a list of any other building maintenance and management services available such as disaster cleanup, pesticide application, minor repair, painting, etc. that could be provided by the Contractor to the Owner upon request. F. REFERENCES Please attach a summary of experience and a list of relevant professional references. ATTACHMENT B 4

5 CLEANING/JANITORIAL SERVICES SPECIFICATIONS A. General Cleaning Notes: Staff - The Contractor will supply cleaning staff and a cleaning supervisor as required to perform the work set forth herein. Staff provided will be skilled in modern cleaning practices and methods. Contractor is fully responsible for supervision and training of all cleaning staff. The Owner reserves the right to request replacement of any cleaning staff member. Green Cleaning SUNY Jefferson Community College requires that all cleaning and maintenance activities, methods and materials conform to the policies and practices of the College and the New York Green Cleaning Program from NYS OGS. Material Safety Data Sheets SUNY Jefferson Community College requires a complete set of MSDS for any products used in performance of the work tasks in this agreement not supplied by the College and reserves the right to reject any materials deemed unsuitable for the intended use. Finishes - The proper maintenance and care of the building flooring systems and other finishes requires that the Contractor follow all manufacturers guidelines for methods, materials and equipment. This information will be provided to the Contractor by the Owner. Cleaning Supplies - The Owner will supply all necessary cleaning chemicals, dilution stations, materials and supplies needed to perform the cleaning tasks required under this agreement. Contractor is required to account for material use on a weekly basis and to safeguard all materials used and stored. Paper Products - The Owner will supply all necessary paper products, materials and supplies needed to perform the cleaning tasks required under this agreement. Contractor is required to account for material use on a weekly basis and to safeguard all materials used and stored. Cleaning Equipment - The Owner will supply all necessary cleaning equipment, materials and supplies needed to perform the cleaning tasks required under this agreement. Contractor is responsible for daily maintenance of equipment, cleaning, changing of vacuum bags, etc. and is required to immediately notify owner of any inoperative equipment or any special equipment needs. Protection of Surfaces - The Contractor shall check that pads on vacuums, carts and other equipment are in place to prevent scratches and other damage in furniture, doorframes, etc. Custodial Closets - The Owner shall designate any use of custodial closets for storage of materials or equipment. Report to Owner - The Contractor shall report daily any observed building deficiencies, e.g., leaking or inoperable faucets, plugged sinks or toilets, broken fixtures, inoperable lights or switches, loose baseboards, faulty locks, damage to walls and ceilings burned out light bulbs, etc. Close of Work - At the conclusion of all work assignments, lights are to be turned off, doors closed and locked, chairs centered and gently pushed under tables or desks so as not to scratch furniture, and premises left in neat and orderly condition. End of Shift - Return any keys, card keys, and any other building equipment signed out that day. Building keys are to be stored in a secure location to be designated by owner and not taken home. Trash and Re-Cycling - The Contractor is responsible to collect all trash and re-cycling and deliver to a building location designated by the owner for pickup. 5

6 B. General Cleaning Routines: Restrooms Daily: Empty trash receptacles, clean as needed, replace bag liners Spot clean wall surfaces as needed Check and replace all paper products such as tissue and hand towels Check and fill soap dispensers as necessary Clean and disinfect sinks; toilet seats and bowls; stall partitions Thoroughly clean and disinfect floors, including corners Clean mirrors trim and fixtures Remove graffiti as found Report damage or vandalism Restrooms Weekly: Dust air vents and tops of light fixtures Check for and remove cobwebs from ceilings, walls, and light fixtures Classroom Areas Daily: Empty and clean waste receptacles, replace bag liners as needed Spot clean wall surfaces as needed Dust mop hard surfaced floors Wet mop hard surfaced floors as conditions dictate Vacuum carpeted floors Arrange furniture to its original position Report any burned out light bulbs Clean blackboards and chalk trays Empty pencil sharpeners Remove graffiti as found Report damage or vandalism Classroom Areas Weekly: Clean glass in classroom entrance doors Spot clean carpets as needed Remove cobwebs from ceilings, walls, windows Clean desk tops as time permits Clean interior surfaces of windows Dust exposed horizontal surfaces Office Areas Daily: Empty and clean waste receptacles, replace bag liners as needed Remove spills from trash receptacles on surrounding floor areas Spot clean wall surfaces as needed Vacuum carpeted floors thoroughly Dry and wet mop hard surface floors Office Areas Weekly: Clean glass in doorways Check for and remove cobwebs from ceilings, walls, windows Clean interior surfaces of windows Dust exposed horizontal surfaces 6

7 Lounges/Meeting Rooms Daily: Empty and clean trash receptacles; replace bag liners as necessary Spot clean wall surfaces as needed Remove spills from trash receptacles on surrounding floor areas Vacuum carpeted floors thoroughly Dry and wet mop hard surface floors Clean horizontal surfaces such as table tops, counter tops, desks, etc. Replace furniture to original position Lounges/Meeting Rooms Weekly: Clean glass in doorways Check for and remove cobwebs from ceilings, walls, windows Clean interior surfaces of windows Hallways / Stairwells Daily: Empty and clean trash receptacles; replace bag liners as necessary Spot clean wall surfaces as needed Remove any overflow or spills from trash receptacles on surrounding floor areas Dust mop hard surfaced floors Wet mop hard surfaced floors as conditions dictate Vacuum carpeted floors Auto-scrub floors during winter months Remove graffiti as found Report damage or vandalism Hallways / Stairwells Weekly Clean glass in doorways Check for and remove cobwebs from ceilings, walls, windows Clean interior surfaces of windows Burnish and restore floors Entry Ways Daily: Empty and clean trash receptacles; replace bag liners as necessary Spot clean wall surfaces adjacent to trash container if necessary Sweep, vacuum and clean entrance mats/rugs Clear snow and ice in winter months Wet mop floor areas Clean door glass Remove graffiti as found Report damage or vandalism Entry Ways Weekly Clean all glass areas Check for and remove cobwebs from ceilings, walls, windows Clean outside entrance areas of other debris as conditions dictate Please note: Academic materials (papers, books, folders, other), personal desktop surfaces and work areas, and personal belongings of office occupants are not to be handled or re-located unless specific direction to do so is provided by the Owner. 7

8 C. Semi-Annual Cleaning Routines: Semi - Annual cleaning operations will generally be performed during winter, spring and summer semester breaks. The Owner will provide the Contractor with a schedule of the available times at the beginning of each school year, generally in the month of August for the following year. Restrooms - Semi Annual: Wash trash receptacles Deep clean wall surfaces Deep clean and disinfect sinks; toilet seats and bowls; stall partitions Sanitize all surfaces Classroom Areas - Semi Annual: Wash waste receptacles Wash down wall surfaces Arrange furniture to its original position Wash down blackboards and chalk trays Clean window frames Remove cobwebs from ceilings, walls, windows Wash down desk tops Clean interior surfaces of windows Dust exposed horizontal surfaces Office Areas - Semi Annual: Wash waste receptacles Wash down wall surfaces Arrange furniture to its original position Clean window frames Remove cobwebs from ceilings, walls, windows Wash down desk tops Clean interior surfaces of windows Dust exposed horizontal surfaces Lounges/Meeting - Semi Annual: Wash waste receptacles Wash down wall surfaces Arrange furniture to its original position Clean window frames Remove cobwebs from ceilings, walls, windows Wash down desk tops Clean interior surfaces of windows Dust exposed horizontal surfaces Hallways / Stairwells Semi Annual: Wash waste receptacles Wash down wall surfaces Wash all stair railings Arrange furniture to its original position 8

9 Clean window frames Remove cobwebs from ceilings, walls, windows Wash down desk tops Clean interior surfaces of windows Dust exposed horizontal surfaces Entry Ways Semi Annual: Wash waste receptacles Wash down wall surfaces Arrange furniture to its original position Clean window frames Remove cobwebs from ceilings, walls, windows Wash down desk tops Clean interior surfaces of windows Dust exposed horizontal surfaces Please note: Academic materials (papers, books, folders, other), personal desktop surfaces and work areas, and personal belongings of office occupants are not to be handled or re-located unless specific direction to do so is provided by the Owner. D. Annual Cleaning Routines: Annual cleaning operations will generally be performed by JCC Staff on a rotating basis. The Owner will provide the Contractor with a schedule of the work planned by the owner on a regular, generally weekly, basis. The Contractor shall plan their scheduled cleaning tasks in a manner that will not interfere with the Owner s work activities. Restrooms - Annual: Deep clean by scrubbing - all floors, including corners Classroom Areas - Annual: Scrub and re-coat all hard floors Extract carpeted floors Office Areas - Annual: Scrub and re-coat all hard floors Extract carpeted floors Lounges/Meeting - Annual: Scrub and re-coat all hard floors Extract carpeted floors Hallways / Stairwells - Annual: Scrub and re-coat all hard floors Extract carpeted floors Entry Ways - Annual: Scrub and re-coat all hard floors Extract carpeted floors 9

10 E. Other Cleaning Routines: Cleaning Standards - The Owner will use the APPA Operational Guidelines for Educational Facilities - Custodial, Third Edition to judge the overall condition of the Buildings. In General, the Owner expects that the Buildings will be cleaned to an APPA Service Level of 2.5 or midway between levels 2 and 3 as determined on Pages 72 and 73 of the document noted above. The Contractor is required to be familiar with the standards used. The Owner will provide historic building cleaning data based on the standards to the Contractor upon request. Buildings - In general, Contractor will be required to perform work in the following Buildings. Building 4: James McVean College Center - approximately 32,798 Square Feet Building 6: Jules Instructional Resources Center - Approximately 52,342 Square Feet Other Facilities - The Contractor may be requested to perform work in other campus buildings. The Contractor shall be reimbursed for work in these buildings at the rates agreed to in Attachment A - Part D On Call Cleaning. If additional buildings that require Daily Cleaning are brought on line by the Owner, the Contractor may be asked to add such buildings to their contract at a rate not to exceed the rates existing in the scope of this Contract and mutually agreed upon by both parties. Cleaning Areas - Square footage used to determine actual cleaning areas will be determined from the campus Physical Space Index (PSI) as submitted to the State University of New York (SUNY) on an annual basis. The owner will provide a copy of the PSI to the Contractor upon request. Any adjustments to cleaning areas under this contract will also be based on the PSI. In any case of discrepancy the Owner and Contractor shall physically measure the space in question and mutually agree upon a square foot total for that space. The owner will update the PSI accordingly. Wall Posters - Wall posters and flyers attached to walls or windows in the buildings are not to be removed without the approval of the Owner. Notwithstanding this requirement, the Contractor may be asked to remove such materials during Daily or Semi - Annual Cleaning at the direction of the Owner. Carpet runners - Walk-off mats and carpet runners will be provided by the Owner. In general, walk-off mats will be changed bi-weekly during the summer months and weekly during winter. The Contractor is required to perform daily maintenance, vacuuming, etc. to maintain entrance mats and walk off mats in good condition. The Contractor shall notify the Owner if additional mats are needed to improve the cleanliness of any building of if any entrance mats are in need of replacement. Additional or replacement mats may be supplied at the Owner s discretion after consultation with the Contractor. Mechanical spaces - In General, the Contractor is not required to perform work in mechanical space, electrical rooms, data closets or other such spaces. Notwithstanding, the Contractor is required to clean and maintain any such space which the Contractor uses in the performance of work or uses for storage or circulation. The Owner shall provide to the Contractor a list of spaces by building that are not required to be cleaned. If additional cleaning in mechanical space is requested, the Contractor shall be reimbursed for work in these spaces at the rates agreed to in Attachment A, Part C - On Call Cleaning. Cleaning Levels - The Owner has conducted a Cleaning Audit using the APPA Operational Guidelines for Educational Facilities - Custodial, Third Edition to judge the overall condition of the buildings and ascertain the current level of service provided. In General, the Owner has determined that the buildings will be cleaned to an 10

11 APPA Service Level of 2.5 or midway between levels 2 and 3 as determined on Pages 72 and 73 of the document noted above. In general, the expected level of cleaning is currently being performed by three (3) regular full time Cleaners and one (1) Cleaning Supervisor with an average of approximately 21,000 square feet assigned to each. The Contractor is required to provide the same level of service under the terms of this agreement and is required to be familiar with the standards used to ascertain that expectation. The Owner will provide a copy of the Cleaning Audit and historic building cleaning data based on the APPA standards to the Contractor upon request. The Owner expects a minimum of four (4) people to staff this work at all times. Staff - In general, the Contractor shall provide adequate staff to provide the level of cleaning that has been historically provided in the past at Jefferson Community College. The Contractor may, upon approval of the Owner, investigate alternate cleaning methods or new equipment that will result in the continuation of expected cleaning levels with reduced staff. New cleaning methods requiring materials different than what is provided by the Owner or equipment not currently provided by the Owner shall be evaluated for efficiency and effectiveness. In instances where Owner investment in materials or equipment results in reduced staffing or overhead costs for the Contractor, the Contractor and Owner shall mutually agree on the savings derived therein and reduce payment to the Contractor accordingly by a mutually agreed upon amount to recoup the Owners investment and provide relief to both parties. In all cases, the owner reserves the right of final approval in any changes to cleaning scope, methods, and the use of new technology or equipment. Inspections - The Contractor shall perform regular and timely inspections of the areas cleaned under the scope of work. The Contractor shall provide written reports to the Owner verifying that such inspections have been performed and that expected standards of cleaning are being met. The Contractor and Owner shall also conduct walk through inspections on a regular or as needed basis. The Owner may, at any time, conduct independent cleaning inspections of areas cleaned by the Contractor and notify the Contractor of any deficiencies found. The Contractor is required to immediately address any deficiencies or concerns put forward by the Owner. In case of disagreement as to the validity of any Owner concern, the Contractor and Owner shall attempt to mutually resolve the issue. In all cases, the Owner reserves the right of final decision regarding correction of any discrepancy based on historical cleaning expectations and the findings of the Cleaning Audit noted above. Existing Conditions - Under the terms of the Proposal for Cleaning Contract, the Contractor is required to perform a walkthrough of the buildings as scheduled with the Owner. The Contractor shall bring any existing conditions that could cause the Contractor not to be able to comply with the terms of this agreement to the Owner at that time. Any claim pertaining to items of concern not brought to the attention of the Owner prior to the execution of this agreement shall not be held valid by the Owner. If existing conditions change for any reason due to changes in building use by the Owner, changes to educational programs, changes to staff routine or any other circumstance that may arise that may interfere with the Contractor s completion of work, the Contractor is required to immediately notify the Owner of such changes and the reasons for concern. The Owner and Contractor shall mutually agree upon a remedy that will maintain expected cleaning levels without causing damage to either party. Break Area - The Owner shall designate area (s) that the Contractor s employees may use for breaks and storage of personal property. The Owner is not required to supply furniture, lockers, appliances or other amenities. The Contractor is required to keep designated areas in a clean and orderly manner at all times. The Owner will not be responsible for loss or damage to any personal property of the employees of the Contractor. Parking - The Owner shall designate the location (s) that the employees of the Contractor shall use for parking during their scheduled shifts. Employees of the Contractor may be required to relocate their personal vehicles at any time to meet the needs of the Owner. 11

12 ATTACHMENT C PROPOSAL FOR CLEANING/JANITORIAL SERVICES CONTRACT Jefferson Community College PROPOSER S ACKNOWLEDGMENTS 1. The Proposer declares that he has had an opportunity to examine the site of the work and he has examined the Contract Documents therefore; that he has carefully prepared his proposal upon the basis thereof, that he has carefully examined and checked this proposal and the materials, equipment and labor required thereunder, the cost thereof, and his figures therefore, and hereby states that the amount, or amounts, set forth in this proposal is, or are, correct and that no mistake or error has occurred in this proposal or in the proposer s computations upon which this proposal is based, and the Bidder agrees that he will make no claim for reformation, modifications, revision or correction of this proposal after the scheduled closing time for the receipt of proposals. 2. In submitting this proposal, it is agreed that it may not be withdrawn for a period of sixty (60) days after the scheduled closing time for receipt of proposals. 3. Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informality in the bidding. The Proposer hereby certifies: PROPOSER S CERTIFICATE 1. That their proposal is genuine and is not made in interest of or on behalf of any undisclosed person, firm or corporation, and is not submitted in conformity with any agreement or rules of any group, association or corporation; 2. That they have not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal; 3. That he has not solicited or induced any person, firm, or corporation to refrain from bidding; and 4. That he has not sought by collusion or otherwise to obtain for himself any advantage over any other proposer or over the Owner. 5. Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin in connection with the performance of the work. 12

13 PROPOSER S SIGNATURE IF A CORPORATION: Name of Corporation Name and Title of Officer _ Signature of Officer Address for Communication 1. Incorporated under the laws of the State of. 2. Licensed to do business in the State of New York Yes No IF A PARTNERSHIP: Name of Partnership Address for Communication Signature of Partner Names and residence addresses of all partners: IF AN INDIVIDUAL Name of Individual Address for Communication Signature of Individual Residence Address: 13

14 ATTACHMENT D CONTRACT JANITORIAL SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of by and between Jefferson Community College, (hereinafter referred to as "The Owner") and (hereinafter referred to as "The Contractor"). R E C I T A L S This Agreement is entered on the basis of the following facts, understandings and intentions of the parties: 1. The Owner is a Community College located in Watertown in the State of New York. The facilities consist of twelve buildings in which the Contractor may be required to perform work. (Hereinafter referred to as buildings"). The buildings are occupied by students, visitors and staff associated with the Owner. 2. The Owner desires that the cleaning and general janitorial maintenance of the buildings be performed in a first-class manner comparable to other educational buildings in New York State. The Contractor is experienced in the cleaning and general janitorial maintenance of similar facilities and desires to undertake the cleaning and general janitorial maintenance of the buildings in the manner desired by the Owner. 3. In order to effectuate the foregoing, the parties desire to enter into this Agreement. NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals, and the mutual covenants and promises of the parties herein contained, Owner and Contractor agree as follows: 1. Retention of Contractor. Owner hereby retains Contractor upon the terms and conditions set forth in this Agreement to provide janitorial and related services at the buildings in accordance with the standards and requirements of this Agreement. Contractor hereby accepts such engagement and shall undertake its duties and obligations in accordance with the terms and conditions of this Agreement. 2. Term. The Term of this Agreement, and Contractor's engagement pursuant to Section 1 above, shall commence as of the date of this Agreement and shall expire thirty-six (36) months after the date of this Agreement with a formal renewal at that time, unless sooner terminated as provided in this Agreement. If the term of this contract should end without a formal renewal or termination, then this contract may be extended on a month-to-month basis at the sole discretion of the Owner. 3. Janitorial Services. Contractor shall provide janitorial and related services at the buildings in accordance with each and all of the standards and requirements of this Agreement, including without limitation the Terms and General Conditions and the Janitorial Services Specifications attached hereto and made a part hereof as Attachments A-H, respectively. 4. Holidays. In general, the Contractor shall not be obligated to perform any services on the following holidays: New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day following Thanksgiving Day, Christmas Day and such other holidays as shall be designated by Owner. However; the contractor may be scheduled to work on some of the above days to ensure that cleaning is performed in concert with the Owner s academic schedule and the work schedules of the Owner s staff. The Owner will provide the Contractor with a schedule of holidays on an annual basis - generally in August for the following year. 14

15 5. Termination. If the Owner becomes dissatisfied with the quality of the janitorial and/or related services being provided by Contractor, the Owner may give notice to Contractor specifying the specific service or services as to which the Owner is dissatisfied and setting forth the basis for Owner's dissatisfaction in reasonable detail. If Contractor shall fail to improve or upgrade the service or services specified in such notice to Owner's satisfaction within ten (10) days after receiving such notice, The Owner may terminate this Agreement by giving fifteen (15) days notice of termination to Contractor. Such termination shall be effective at the expiration of such fifteen (15)-day period. In addition, the Owner shall have the right at any time to terminate this Agreement, and all rights of Contractor hereunder, with or without cause by giving Contractor thirty (30) days prior written notice of such termination. Such termination shall be effective at the expiration of such thirty (30) day period. 6. Consideration for Contractor's Services - As consideration for the performance by the Contractor of the janitorial and related services required under this Agreement, Manager shall pay Contractor as follows: (a) Daily Cleaning - The total compensation to be paid to contractor for performing the janitorial and related services required in Attachment B shall be paid by the Owner to the Contractor in a monthly amount as follows: 1. The amount shown on Attachment A as Daily Cleaning times the percentage of work actually accomplished as determined by the Owner less any amounts paid previously. (b) Semi - Annual Cleaning - Payment for performing the janitorial and related services required in Attachment B are included in the compensation for Daily Cleaning in (a) above. (c) On Call Cleaning - The total compensation to be paid to contractor for performing the janitorial and related services required in Attachment B shall be paid by the Owner to the Contractor in a monthly amount as follows: 1. The amount shown on Attachment A as On Call Cleaning times the number of hours worked requested by the Owner. (d) Other Services The Contractor shall be paid on an individual, case-by-case basis for any additional services. All other services provided must be agreed to in writing and that agreement signed by both the Owner and the Contractor. In case of an emergency the Owner reserves the right to verbally agree upon terms with the Contractor with written agreement following within 24 hours of the Owner s request for such services. 7. Owner's Right to Audit. The Owner and its designated representatives, including accountants and attorneys, shall have the right at any time and from time to time to inspect and copy the Contractor's books and records and to audit the same in order to verify hours worked by the Contractor's employees, the status of union payments, and wage rates (including fringe benefits) paid by the Contractor to its employees. If any such audit shows that any statement or document submitted by the Contractor to the Owner contains any inaccuracies or discrepancies, then appropriate adjustments and/or payments shall be made by the parties as necessary to correct such inaccuracies or discrepancies. Further, in the event the Owner believes that any such inaccuracies or discrepancies disclosed by the audit caused or would cause the Owner to overpay the Contractor by more than two percent (2%) or reflect gross negligence or willful misconduct on the part of the Contractor or its agents or representatives, The Owner shall have the right to terminate this Agreement immediately by delivering written notice of termination to the Contractor. Such termination shall be effective upon receipt of such notice by the Contractor. 8. Restriction on Advertising by Contractor - The Contractor shall not use the Owner's name or refer to the Owner or to the building directly or indirectly in any advertisement or in any release to any professional or trade publication without having obtained Owner's specific prior written approval. 15

16 9. Contractor's Responsibility for Licenses and Permits The Contractor shall, at its expense, obtain and keep current during the entire Term of this Agreement all licenses and permits which are required to be obtained by the Contractor in order to perform the janitorial and related services required under this Agreement under all applicable federal, state and local laws, ordinances, rules and regulations. A copy of each such permit and license shall be delivered to the Owner upon the Contractor's execution of this Agreement (and upon the renewal, extension or reissuance of any such permit or license). 10. Employee Standards - All persons employed by the Contractor in connection with the performance by the Contractor of the janitorial and related services required under this Agreement shall be employees of the Contractor only and subject to its sole supervision, and under no circumstances shall they be considered employees of the Owner. The Contractor shall have the right to hire and discharge its employees at its discretion, subject to the requirements of this Agreement with respect to the quality of the janitorial and related services required to be performed by the Contractor under this Agreement and provided that any changes to existing employees currently employed by the Contractor on site as of the date of this Agreement shall be subject to review and approval by Manager prior to effecting any such change. In addition to the foregoing, the Contractor shall remove any employee employed by the Contractor at the Building at the request of the Owner. 11. Independent Contractor; No Partnership; Benefits to Owner The Contractor and Owner acknowledge and understand that the Contractor is retained under this Agreement solely as an independent contractor and not as the agent or employee of the Owner. None of the terms or provisions of this Agreement create a partnership between or among the parties and their respective businesses or otherwise or constitute the parties as joint venture or members of any joint enterprise. Except for the provisions inuring to the benefit of the Owner, the provision of this Agreement are for the exclusive benefit of the parties and not for the benefit of any third person and this Agreement does not confer any rights, express or implied, on any such third person. 12. Contractor's Employment Practices - The Contractor represents, covenants and warrants that the Contractor, in performing the janitorial and related services required to be performed under this Agreement, shall comply with all federal, state and local laws, ordinances, rules and regulations relating to labor relations, fair employment practices, and employee health and safety. Without limiting the generality of the foregoing warranty, the Contractor specifically represents covenants and warrants that: (a) All work performed by or at the direction of the Contractor under this Agreement shall be performed in compliance with the requirements of the Occupational Safety and Health Act (OSHA) of (b) The Contractor shall perform the services required under this Agreement without discrimination on account of race, religion, sex, sexual orientation, age or national origin and the Contractor shall comply in full with all applicable federal, state, and local laws, ordinances and regulations pertaining to fair employment practices, including, without limitation, Executive Order of September 24, 1965, and the Americans with Disabilities Act dated January 26, 1992, as amended. (c) The Contractor shall perform the services required under this Agreement without discrimination as to whether employees of the Contractor are members or non-members of any labor organization. No dispute between any labor organization and the Contractor shall be permitted to occur or be manifested at the building and the Contractor agrees to employ personnel at the building who will work at all times in harmony with other personnel employed at the building. (d) The Contractor shall not participate in or encourage any cessation of work that may occur as the result of any such labor dispute. Should there be a work stoppage which involves the participation of any of the Contractor's personnel such as, but not limited to, third party actions involving informational or organizational picketing, the Contractor agrees to take appropriate and prompt action to provide 16

17 qualified personnel to perform the services required to be performed by the Contractor under this Agreement. In the event the Contractor is unable to provide replacement personnel, the Contractor agrees to reimburse the Owner on demand for any costs or expenses incurred by the Owner in providing replacement services. Furthermore, the Contractor shall take appropriate and prompt action to minimize delay by fully cooperating in obtaining injunctions, representing facts, furnishing witnesses and assisting in every reasonable way to eliminate the work stoppage. 13. Amendment - This Agreement may be modified or amended in whole or in part only by a written instrument executed by both of the parties. 14. Successors and Assigns - The Contractor shall have no right to assign this Agreement or any of its rights, duties or obligations hereunder. At any time at the Owner's sole discretion the Owner may cause its rights, duties and obligations to be assigned to a nominee of Owner and to substitute such nominee in its place and stead under this Agreement. Such assignment may be effected by notice given by the Owner to the Contractor in the manner specified in Section 15 below and such assignment shall be effective upon the giving of such notice or at such other time as may be specified in the Owner's notice. The Contractor hereby consents to the foregoing right of Owner. Subject to the foregoing understanding, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns. 15. Notices - Any notice to a party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same by registered, certified or "Express" mail, return receipt requested, with postage prepaid, or by courier service to the party's mailing address. The mailing address of each party and Owner is, until changed as hereinafter provided, as follows: To The Owner: To The Contractor: Jefferson Community College Attention: Tina Bartlett-Bearup 1220 Coffeen Street Watertown, NY Any party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein at least ten (10) days prior to the date such date is affected. All notice under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected, or if mail is sent by courier, on the delivery date or attempted delivery date shown on the return receipt. 16. Litigation Expenses - If a party brings an action or proceeding against another party to enforce or interpret, or due to the breach or violation of any provision of this Agreement or otherwise arising out this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses in such action or proceeding, including reasonable attorneys' fees. 17. Entire Agreement - This Agreement contains all the representations and entire agreement between the parties with respect to the subject matter hereof. Any prior negotiations, correspondence, memoranda or 17

18 agreements are included in total by this Agreement. Specifically, but without limiting the generality of the foregoing, the parties acknowledge that any and all prior agreement between the Contractor and the Owner with respect to the performance of janitorial and/or related services by the Contractor at the buildings is hereby agreed and included in its entirety by this Agreement, effective as of the date of this Agreement. 18. Construction and Interpretation - The captions preceding the text of each section and subsection are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. This Agreement has been fully negotiated at arm s length between the signatories hereto and no such signatory shall be deemed the scrivener of this Agreement. Based on the foregoing, the provisions of this Agreement shall be construed as a whole according to their common meaning and not strictly for or against any party. 19. Standard of Performance by Contractor - The Contractor shall at all times act in the best interests of the Owner in performing the janitorial and related services required under this Agreement in order to achieve the quality of cleanliness and general janitorial maintenance of the buildings contemplated by this Agreement. Contractor shall provide the best skill and judgment of its employees and consult and advise with Owner from time to time as either may request with respect to the performance by the Contractor of the janitorial and related services required under this Agreement to achieve the objectives of the Owner with respect to the cleanliness and general janitorial maintenance of the buildings as contemplated by this Agreement. 20. Governing Law - This Agreement shall be construed and enforced in accordance with the laws of the State of New York. 21. Exhibits; Resolution of Conflicts and Inconsistencies - Each exhibit attached hereto and referred to herein is incorporated into this Agreement by reference. In the event of any conflict or inconsistency between any provision contained in Sections 1-21 of this Agreement and the provision of any exhibit attached hereto, the former shall govern and control. Jefferson Community College (The Owner) By: Date: Authorized Agent for the Owner (The Contractor) By: Authorized Agent for the Contractor Date: 18

19 ATTACHMENT E TERMS AND GENERAL CONDITIONS The Contractor agrees to perform the janitorial and related services required under this Agreement in accordance with the following terms and general conditions: A. Intent of Agreement - It is the intent of this Agreement that the buildings be cleaned on a daily basis and made ready for incoming occupants in accordance with the standards of cleanliness found in other campus facilities in New York State. The specifications set forth below in these Terms and General Conditions (as well as in the Janitorial Services Specifications attached as Attachment B hereto) should, therefore, be referred to as a guide for, rather than a limitation upon, the services required to maintain the Building effectively and in accordance with the desires standard of cleanliness and general janitorial maintenance. Such standard shall be referred to in this Agreement as the optimum level of cleanliness. The building is to be staffed to achieve the optimum level of cleanliness in the time allotted by the Owner. If the level of cleaning or proposed timetable for completion of the work is considered to be unacceptable to the Owner, then the Contractor shall be required to increase its staff or to take whatever measures are required to overcome this unacceptable situation and any additional cost resulting from such corrective actions so taken shall be borne solely by the Contractor. B. Interpretation - It is understood that wherever the words "adequate" or "as required" or "as necessary" or "as needed" or "if necessary" are used in this Agreement, these terms shall be construed to mean, "As determined by the Owner". C. Staff and Back-up Staff Requirements - 1. Normal Working Staff. a. Staffing shall be as required to perform the necessary work to accomplish the optimum level of cleanliness as heretofore specified in Article A, entitled "Intent of Agreement." b. The Contractor's proposed cleaning staff shall be the minimum number of employees to be supplied by the Contractor to complete the cleaning as scheduled by the Owner. Reductions in Contractor's staff occasioned by any completion of cleaning in the buildings shall be done in a proportional manner, the ratio of which proportional decrease shall not exceed the ratio of the total cleanable square footage of cleaning remaining in the buildings over the proposed staffing required to meet any completion date. c. Staffing shall be provided as required to accomplish any On Call Cleaning herein specified to complete the required cleaning within the time allocated by the Owner. All costs for such staffing are considered to be included in the Janitorial Services Cost Breakdown set forth Attachment A. No allowances will be granted to compensate for extra personnel required to perform adequately any portion of the work to be performed by the Contractor under this Agreement. 19

20 d. The Contractor may be called upon periodically by the Owner to perform work not herein specified. Such work will be classified as a contract extra. In no instance, however, is the regular janitorial staff to be diverted from their normally assigned daily or nightly maintenance obligations in order to perform such extra work without permission from the Owner. e. Any member of the janitorial staff that shall be found to be unacceptable to the Owner shall be replaced immediately by the Contractor. 2. Back-up Staff. a. The Contractor shall maintain and show evidence of an adequate back-up force and supervisory staff to be able to assist the Owner immediately in case of flood, fire, natural or man-made disasters, or any other emergency. b. The Contractor must submit a list of at least three emergency telephone numbers other than the local branch office number or answering service to enable the Owner to speak with employees or agents of the Contractor who are authorized to dispatch back-up working crews in the event of a request by the Owner for such services. The Contractor will update these emergency telephone numbers as required throughout the term of the Janitorial Service Agreement. D. Supervision-Reimbursable 1. The Contractor will provide an adequate supervisory staff assigned exclusively to the buildings as required to accomplish the optimum level of cleanliness as previously defined herein. 2. The supervisory staff shall not leave the premises until all work is completed each day. 3. In addition to the supervision of all cleaning services, the supervisory staff will be responsible for the following: a. Instructing personnel in the use of lighting buttons as well as the securing of all lighting as soon as possible each night. b. Securing all suite entrances and building entrances. Suite entrances and locked private offices shall remain locked when a janitorial employee is not in the immediate area. c. Immediate transmittal of all accident and/or damage reports to the Owner. d. The supervisory staff will become familiar with the emergency, fire and disaster plans developed by the Owner for the building, and in addition to the normal supervisory work of the janitorial crew, the supervisory staff will assume the duties assigned to them by the Owner as related to these plans. e. The supervisory staff will comply with and be responsible for the training of the janitorial crew and assist in enforcing the security plan developed by the Owner. f. The supervisory staff shall be available on request by the Owner during the normal business hours of the building to visit with and to answer complaints of any nature relating to the janitorial staff or the performance of cleaning maintenance. 20