25423-StatewideContract Sultini- signed.pdf

CONTRACT

NO. 25423

FOR

GRAFFITI REMOVAL SERVICES

GEOGRAPHIC AREA: COUNTIES :

CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KITSAP, MASON, SAN JUAN, SKAGIT, SNOHOMISH, WHATCOM

CATEGORY: PAINTING

GEOGRAPHIC AREA: COUNTIES

CLALLAM, GRAYS HARBOR, JEFFERSON, MASON, SAN JUAN, WHATCOM,

CATEGORY: PRESSURE WASHING

For Use by Eligible Purchasers

By and Between

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

and

PNW DISASTER RELIEF DBA SULTINI LLC

Dated September 4, 2024

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 1

(Rev. 2024-04-12)

CONTRACT

NO. 25423

FOR

GRAFFITI REMOVAL SERVICES

GEOGRAPHIC AREA: COUNTIES:

CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KITSAP, MASON, SAN JUAN, SKAGIT, SNOHOMISH, WHATCOM

CATEGORY: PAINTING

GEOGRAPHIC AREA: COUNTIES

CLALLAM, GRAYS HARBOR, JEFFERSON, MASON, SAN JUAN, WHATCOM,

CATEGORY: PRESSURE WASH

This Washington Statewide Contract (“Contract”) is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and PNW Disaster Relief DBA Sultini LLC, a Washington Limited Liability Company (“Contractor”) and is dated and effective as of September 2, 2024.

R E C I T A L S

A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish enterprise procurement solutions, including contracts, for goods and/or services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature also has authorized Enterprise Services to make these contracts available, pursuant to an agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agencies or entities, public benefit nonprofit organizations, and any tribes located in the State of Washington. See RCW 39.26.050(1) & (2).

B. Washington state agencies and other specified eligible purchasers own and/or manage public properties (e.g., buildings, walls, monuments, signs, poles, roadway improvements) that are impacted by graffiti (i.e., any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacements marked, etched, scratched, engraved, drawn, painted, or sprayed on any surface of public property).

These state agencies and other eligible purchasers, as part of their care, custody, and maintenance of such public properties, have an operational need to purchase certain specified painting and/or pressure washing services from qualified, innovative bidders to remove and/or cover graffiti on public property (collectively, “Graffiti Removal Services”).

Accordingly, Enterprise Services, on behalf of the State of Washington, issued Competitive Solicitation No. 25423, dated April 1, 2024, for Graffiti Removal Services.

C. To create an enterprise procurement solution that enables eligible purchasers to procure specified Graffiti Removal Services from qualified, innovative vendors with specialized services in a cost-effective, efficient manner, Enterprise Services structured the Competitive Solicitation to enable bidders to bid for either or both of two separate contract categories: (1) Painting (to cover graffiti) and (2) Pressure Washing (to remove

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 2

graffiti from certain surfaces). Enterprise Services further structured the Competitive Solicitation to enable bidders to bid by specified geographic region.

D. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder for the above-referenced contract category(ies) and geographic region(s).

E. Enterprise Services has determined that entering into this Contract will meet the identified needs and be in the best interest of the State of Washington.

F. The purpose of this Contract is to enable eligible purchasers to purchase the Goods and/or Services as set forth herein.

A G R E E M E N T

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:

1. TERM. The term of this Contract is twenty-four (24) months , commencing September 4, 2024 and ending September 1, 2026; Provided, however, that if Contractor is not in default, Enterprise Services may extend the term of the Contract, by written amendment, for up to twenty-four (24) additional months. Such extension amendment shall be on the same terms and conditions set forth in this Contract. To earn the performance-based Contract term extension, Contractor must achieve the following performance-based metrics:

PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION

Insurance Endorsements:

Contractor timely provides to Enterprise Services at the designated address, without exception, annual insurance endorsements for the insurance coverages required by this Contract. See Exhibit C – Insurance Requirements at § 4.

Vendor Management Fee:

Contractor timely remits to Enterprise Service, with no less than a 75% on time rate over the contract term, the applicable Vendor Management Fee (VMF).

Note: Contractor must pay the VMF within thirty (30) calendar days of invoice from Enterprise Services. If Contractor is delinquent in timely paying the VMF for three (3) or more quarters within the first nine (9) quarters of the Contract term, Contractor shall not be eligible for a performance-based extension.

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 3

PERFORMANCE METRIC PERFORMANCE REQUIREMENT FOR CONTRACT EXTENSION

Contract Sales Reports:

Contractor timely provides to Enterprise Services, with no less than a 75% on time rate over the contract term, the required Contract quarterly sales reports.

Note: Contractor must provide the quarterly sales reports to Enterprise Services within thirty (30) calendar days of the quarter’s end. If Contractor is delinquent in providing the quarterly sales reports for three (3) or more quarters within the first nine (9) quarters of the Contract term, Contractor shall not be eligible for a performance-based extension.

2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an eligible “Purchaser”):

2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions.

2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION. Any the following institutions of higher education (colleges) in Washington:

State universities – i.e., University of Washington & Washington State University;

Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University

Evergreen State College;

Community colleges; and

Technical colleges.

2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;

Federal governmental agencies or entities;

Public-benefit nonprofit corporations (i.e., public benefit nonprofit corporations as defined in RCW 24.03A.245) who receive federal, state, or local funding); and

Federally recognized Indian Tribes located in the State of Washington.

3. SCOPE: INCLUDED GOODS AND/OR SERVICES & PRICES.

3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only those Goods and/ or Services set forth in Exhibit A – Included Services for the prices set forth in Exhibit B – Prices for Services. Contractor shall not represent to any Purchaser under this Contract that Contractor has contractual authority to sell or provide any Goods and/or Services beyond those set forth in Exhibit A – Included Services.

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(a) Services. For purposes of this Contract, “Services” means all services of any nature ordered by Purchaser pursuant to this Contract and as identified in the Purchase Order.

3.2. STATE’S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the Services included in this Contract;

Provided, however, that any such modification shall be effective only upon thirty (30) calendar days advance written notice; and Provided further, that any such modification must be within the scope of the Competitive Solicitation for this Contract.

3.3. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this Contract, Contractor guarantees to provide the Services at no greater than the prices set forth in Exhibit B – Prices for Services.

3.4. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers information regarding this Contract, including scope, pricing, and lowest responsive, responsible bidder designation. In addition, Enterprise Services identifies awarded contractors who qualify as Washington Small Businesses, Certified Veteran-Owned Businesses, or that, pursuant to the Contract provide Services that meet specified state procurement priorities as set forth in the Competitive Solicitation.

4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good standing; (b) qualified to do business in the State of Washington; and (c) registered with the Washington State Department of Revenue and the Washington Secretary of State.

4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and has paid all applicable taxes owed to the State of Washington.

4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants that Contractor possesses and shall keep current during the term of this Contract all required licenses, certifications, permits, authorizations, and approvals necessary for Contractor’s proper performance of this Contract.

4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that neither Contractor nor its principals or affiliates presently are nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.

4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that during the term of this Contract and the three (3) year period immediately preceding the award of the Contract, Contractor has not been determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW 49.46, 49.48, or 49.52.

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4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.7. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

4.8. WASHINGTON STATE PAY EQUALITY FOR ‘SIMILARLY EMPLOYED’ INDIVIDUALS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that, among Contractor’s employees, ‘similarly employed’ individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for Contractor’s workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but is not limited to, education, training, or experience that is: consistent with business necessity;

not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty

(30) days, Enterprise Services may suspend or terminate this Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Contract and/or any agreement entered into pursuant to this Contract.

4.9. WASHINGTON SMALL BUSINESS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor qualifies as a Washington Small Business as defined and set forth in Contractor’s Bidder’s Certification.

4.10. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within the three (3) year period prior to this Contract, neither Contractor nor its principals or affiliates: (a) have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, local, or tribal) contract or purchase order under a public contract; (b) have been in violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) have been indicted for or otherwise criminally or civilly charged by a government entity (federal, state, local, or tribal) with commission of any of the offense enumerated in subsection (b) of this provision; or (d) had one or more public contracts (federal, state, local, or tribal) terminated for cause or default.

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4.11. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that Contractor complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Enterprise Services and Purchasers’ employees.

4.12. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that Contractor is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of Contractor’s information therein is current and accurate and that throughout the term of this Contract, Contractor shall maintain an accurate profile in WEBS.

4.13. WASHINGTON’S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is registered with Washington’s Statewide Payee Desk, which registration is a condition to payment.

4.14. CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that Contractor shall use commercially reasonable efforts both to promote and market the use of this Contract with eligible Purchasers and to ensure that those entities that utilize this Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor’s Goods and/or Services or suggesting that such Goods and/or Services are the best or only solution to their needs.

Accordingly, Contractor further represents and warrants that Contractor shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services.

4.15. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agents as defined in the Federal Acquisition Regulations.

4.16. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind affecting title to any Goods and/or Services that are the subject of this Contract.

4.17. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.

4.18. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or a similar contract, is transitioned to another contractor (e.g., Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington and such Purchasers; Provided, however, that, if costs are incurred, Contractor shall be compensated for such costs consistent with the terms and conditions pertaining to this Contract for the sixty (60) day period immediately before such transition.

5. QUALITY; WARRANTY; REMEDIES.

5.1. SERVICES WARRANTY. Contractor warrants that: (a) Contractor’s Services shall be performed in a timely, efficient, and professional manner; (b) all Contractor personnel assigned to perform

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Services shall have the necessary skill and training; (c) Contractor’s Services shall be performed in a manner consistent with the standard of care in the industry; and, if Contractor’s Contract award includes Category 1 (Painting to cover graffiti), (d) Contractor’s workmanship is such that its newly applied paint shall not peel, chip, or blister as the result of poor workmanship (collectively, “Services Warranty”). The Services Warranty shall survive for a period of twelve (12) months after the date when Contractor’s Services are completed (“Services Warranty Period”).

5.2. SERVICES REMEDY. If Contractor’s Services do not comply with the Services Warranty or are in any manner found to be nonconforming during the Services Warranty Period, Contractor promptly shall remedy the non-conformance, or at Purchaser’s election, Contractor shall re-perform or correct the nonconforming Services at no additional cost to Purchaser or refund the amounts paid for the Services.

5.3. FAILURE TO REMEDY. If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Goods, Services, IT Goods, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser shall offset the costs incurred from amounts owing to Contractor.

6. SAFETY; SECURITY; CONTRACTOR REQUIREMENTS WHILE ON PURCHASER’S PREMISES. Contractor’s failure to comply with any of the requirements in this Section shall be cause for termination.

6.1. REGULATORY REQUIREMENTS/SAFETY. Contractor shall comply with all OSHA and other applicable health and safety-related federal, state, and/or local regulatory requirements applicable to Contractor’s performance of the Services.

6.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all appropriate current Material Safety Data Sheets (“MSDS”) for materials used by Contractor while performing Services pursuant to this Contract.

6.3. CLEAN-UP. In performing the Services, Contractor, at its cost, shall remove all excess materials, equipment, packaging, and garbage within the scope of its performance of Services and leave the area in which the Services are performed in a clean condition. Should Contractor fail to clean up the premises after completion of the Services, Purchaser shall have the right to remove the materials and set off the cost of clean up against amounts owed to Contractor.

(a) At completion of work, Contractor shall clean all exposed surfaces soiled by the work; repair all damage caused by the work at no extra cost to Purchaser; remove all debris of the work from the job site.

(b) Contractor shall not clean equipment or dispose of wash water, debris, or materials on Purchaser’s premises.

(c) Contractor shall clean equipment and dispose of wash water, debris and materials in accordance with applicable law.

6.4. ACCIDENT AND INJURY REPORTING. Contractor promptly shall report to Purchaser in writing all injuries, accidents, property damage, near-miss incidents, or any claims regarding damages or injury involving Contractor, its agents, employees, or subcontractors occurring during the

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performance of the Services. Contractor agrees to cooperate and assist Purchaser in any investigation of incidents.

6.5. ON-SITE REQUIREMENTS. While performing Services for Purchaser, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser’s physical, fire, access, safety, health, and security requirements and not interfere with Purchaser’s operations. Contractor represents and warrants that Contractor, its agents, employees, or subcontractors who perform the Services shall be adequately trained and at all times comply with Purchaser’s requirements.

6.6. GRAFFITI REMOVAL SERVICES . In performing Services for Purchaser, Contractor shall comply with the following:

(a) Contractor shall provide all appropriate personnel, supervision, tools, supplies, materials, equipment, transportation, and other incidentals necessary to perform the Services.

(b) Contractor shall use supplies (e.g., paint, chemicals, and supplies) consistent with this Contract and as required by Purchaser. Enterprise Services and Purchaser reserve the right to audit Contractor’s supplies to ensure such supplies comply with this Contract. Purchaser reserves the right to require specific supplies.

(c) Contractor shall perform a hazard assessment of the job site upon arrival.

Contractor shall notify Purchaser in writing if the job site is unsafe.

(d) Contractor shall designate and advise Purchaser of the same the following:

An on-site supervisor responsible supervise Contractor’s personnel and ensure all necessary safety procedures are followed in compliance with applicable law; and

An individual to serve as Contractor’s primary contact for the project with the Purchaser.

(e) Contractor shall ensure that its personnel who are performing the Services are trained in proper techniques, color matching, safety protocol, and shall provide corrective instruction to its personnel if they are removing graffiti improperly.

(f) Unless otherwise specified in writing by Purchaser, Contractor shall ensure that, in performing the Services, graffiti is removed and/or covered so that the area surrounding it constitutes a box, circle, or other geometric shape to minimize the appearance of shadows.

(g) Contractor shall ensure that, in performing its Services, Contractor does not harm, deface, or permanently mark the impacted surface.

(h) Unless otherwise specified in writing by Purchaser, Contractor, prior to commencing the Services, shall ensure that all outdoor landscaping, monuments, etc., are protected from damage resulting from such Services.

(i) Unless otherwise specified in writing by Purchaser, Contractor shall ensure that, on a daily basis, prior to leaving the job site, all of Contractor’s equipment, tools, supplies, and materials are removed from the site .

(j) Contractor shall ensure protection of the work area at all times, including, but not limited to:

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Closing off area(s) and posting signs indicating the area(s) are closed to pedestrian traffic when working over entrances and walkways;

Immediately correcting damages to the work site;

Leaving work in undamaged condition;

Providing signs to protect the finishes and the public while abatement work is underway; and As appropriate to the contracted Services, ensuring that its employees have proper training for traffic control, flagging and fall protection.

(k) Contractor shall properly prepare all stucco, masonry, metal, wood, or other exterior surfaces in a manner that shall result in an acceptable bonding of the applied paint and deter the visibility of graffiti.

(l) Contractor shall remove all dirt and debris before painting by pressure washing. All surfaces shall be dry cleaned.

6.7. PPE. Contractor is solely responsible for providing appropriate personal protective equipment (“PPE”) and equipment for use by Contractor, its agents, employees, or subcontractors in performing this Contract.

6.8. EQUIPMENT. If, in performing the Contract, Contractor uses vehicles, rigging, blocking, scaffolding, or other tools, equipment, or PPE (collectively, “Materials”) owned by Purchaser or a third party, then before using such Materials, Contractor shall determine, at its sole discretion and risk of loss, the adequacy of the Materials to perform the required task and educate itself and Contractor personnel regarding the appropriate and safe usage of the Materials.

6.9. HAZARDOUS MATERIALS. If, in performing this Contract, Contractor uses chemicals and/or any potentially hazardous materials, Contractor shall comply with the following:

(a) Contractor’s use of chemicals and/or any potentially hazardous materials shall comply fully with all applicable law.

(b) Contractor shall be responsible for any loss, release, or environmental incident arising out of Contractor’s use, storage, handling, or disposal of such chemicals, potentially hazardous materials, and the containers. .

Learn more about hazardous waste disposal guidelines and options at http://1800recycle.wa.gov/ and https://ecology.wa.gov/Regulations- Permits/Guidance-technical-assistance/Dangerous-waste-guidance/Dispose-recycle-or-treat.

(c) Contractor shall ensure that all Contractor employees annually receive hazardous waste training (e.g., chemical spill clean-ups).

6.10. USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS. Upon a Purchaser's request, Contractor shall use commercially reasonable efforts to use the Purchaser’s specified environmentally preferable products. Purchaser shall be responsible for the cost of such environmentally preferable products. In the event Contractor is unable to access and/or use the environmentally preferable products specified by Purchaser, Contractor, prior to using an alternative, shall notify Purchaser in writing. Purchaser, at its discretion, may modify the Purchase Order, assist Contractor in accessing the specified environmentally preferable https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2F1800recycle.wa.gov%2F&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=D4Xm%2Bf8bAIH2ZeHB5F3xp8hyva88ToWizqwIYIv72Ao%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fecology.wa.gov%2FRegulations-Permits%2FGuidance-technical-assistance%2FDangerous-waste-guidance%2FDispose-recycle-or-treat&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XCu47EGCIxcHjq8NhwJG8HExDumhyDOUINqaYQS%2BIUs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fecology.wa.gov%2FRegulations-Permits%2FGuidance-technical-assistance%2FDangerous-waste-guidance%2FDispose-recycle-or-treat&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XCu47EGCIxcHjq8NhwJG8HExDumhyDOUINqaYQS%2BIUs%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fecology.wa.gov%2FRegulations-Permits%2FGuidance-technical-assistance%2FDangerous-waste-guidance%2FDispose-recycle-or-treat&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=XCu47EGCIxcHjq8NhwJG8HExDumhyDOUINqaYQS%2BIUs%3D&reserved=0

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products, or terminate the Purchase Order. Preferable concentrated cleaning chemicals will have one of the following multi-attribute third-party low-toxicity certifications:

Green Seal;

Safer Choice;

UL ECOLOGO;

Cradle to Cradle Certified .

7. SUBCONTRACTORS.

7.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, in the event Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:

(a) incorporate Contractor’s responsibilities under this Contract into its subcontracts; (b) be fully responsible for the performance of any such subcontractors (regardless of tier) and ensure that subcontractors comply with each and every Contractor obligation set forth in this Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and

(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of negligence, other tortious fault, or intentional misconduct by any such subcontractors (regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor shall provide written notice to Enterprise Services’ contract administrator. Such notice shall confirm that the subcontractor is registered in WEBS and provide the necessary information for Enterprise Services’ contract administrator to include such subcontractor(s) in Washington’s Purchasing Contract Management System (PCMS).

7.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such report(s) shall include subcontractor data, by subcontractor, for any data that Contractor is required to report as well as a consolidated ‘rollup’ report combining Contractor and subcontractor data.

7.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or certifications set forth in this Contract shall apply to subcontractors (at any tier) and Contractor shall not utilize any subcontractors (at any tier) who cannot provide such representations or certifications, excepting the certification to be registered with Washington’s Statewide Payee Desk, unless Purchaser shall pay such subcontractor directly.

8. USING THE CONTRACT

8.1. PURCHASER WORK REQUEST. This Contract is an enterprise procurement solution that is designed to enable eligible Purchasers to utilize this Contract to procure project-specific Graffiti Removal Services from an awarded Contractor for specified contract categories of Services in specified geographic areas as set forth in Exhibit A – Included Services for Prices set forth in Exbibit B – Prices for Services. Although prices are fixed (subject to adjustment as set forth in this Contract)

– i.e., hourly rates for Services, travel reimbursement when applicable, and pass-through costs for specified related goods (e.g., graffiti remover, paint), the scope of work will vary by Purchaser project. Purchaser shall prepare a project-specific Work Request for Services to describe Purchaser’s project (e.g., project location, type of structure, approximate square footage, unique site conditions, specialized equipment, desired timing for start and completion of work, etc.) and provide the same to awarded Contractors for the applicable contract category(ies) and geographic area. Purchaser shall provide Contractor with at least five (5) calendar days to https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcertified.greenseal.org%2F&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=aPYCByJ6lJYElxGgMsF4vD0YhPETZMH1phBEd5TaXKw%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.epa.gov%2Fsaferchoice%2Fproducts&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838653812%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2BfZnX8bTL%2BQIDEWCk6FhLB7CvNilNIgvG%2F32aN7bJhE%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fspot.ul.com%2F&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838810043%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=GXqCXLNjXRIfqnMEyFIUc%2BKTmqPpaIl0MxlrY2ssCUY%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fc2ccertified.org%2Fcertified-products-and-materials&data=05%7C01%7CDavid.Mgebroff%40des.wa.gov%7C3ac5b6dbf16242691f3408dbb0858b60%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638297859838810043%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=p%2FCYqmYXCCvzFFAJcKWUMbRic6RWxH%2FTwMz79cYk9Qk%3D&reserved=0

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 11

provide a Quote in response to Purchaser’s project-specific Work Request for Services.

Accordingly, as illustrated in the graphic below, using this Contract involves the following steps:

8.2. ORDERING REQUIREMENTS. Eligible Purchasers shall order Services from this Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchaser Order”). All Purchase Orders must reference the Contract number. The terms of this Contract shall apply to any Purchase Order, and, in the event of any conflict, the terms of this Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click-agreement,’ software or web-based application terms and conditions, or any other agreement modify the terms and conditions of this Contract.

8.3. CONTRACTOR PERFORMANCE OF GRAFFITI REMOVAL SERVICES. Contractor shall ensure that its Services are performed as required by this Contract, the Purchase Order used by Purchaser, and as otherwise mutually agreed in writing between Purchaser and Contractor.

8.4. PURCHASER INSPECTION OF CONTRACTOR’S GRAFFITI REMOVAL SERVICES.

(a) Services purchased under this Contract are subject to Purchaser’s reasonable inspection and approval. Purchaser reserves the right to reject and refuse acceptance of Services that are not in accordance with this Contract and Purchaser’s Purchase Order.

(b) If there are any apparent defects in Contractor’s Services at the time of Contractor’s performance, Purchaser promptly shall notify Contractor. At Purchaser’s option, and without limiting any other rights, Purchaser may require Contractor to replace, at Contractor’s expense, any defective

Contract

•This Contract, which provides the common terms and conditions for eligible Purchasers to purchase Graffiti Removal Services as described in Exhibit A - Included Goods/Services from Contractor.

Purchaser Work

Request

•A project-specific Work Request for Graffiti Removal Services prepared by Purchaser and provided to awarded Contractors.

Contractor Quote

•Contractor's response to a Purchaser's project-specific Work Request for Graffiti Removal Services.

Purchase Order

•The agreement, based on this Contract, between Purchaser and Contractor for Contractor to perform Graffiti Removal Services for Purchaser's project-specific Work Request for Graffiti Removal Services.

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 12

Services or, at Purchaser’s option, Purchaser may note any such defect on the receiving report, decline acceptance, and deduct the cost of rejected Services from final payment. Payment for any Services under such Purchase Order shall not be deemed acceptance.

(c) If a deficiency is discovered at any time during Contractor’s performance of this Contract, Contractor, at no additional cost to Purchaser, shall correct the deficiency within fourteen days (14) days from notice of the deficiency.

8.5. CUSTOMER SERVICE. Contractor shall be available by phone and/or email Monday through Friday from 8am to 5 p.m. Pacific time. Contractor shall respond to Purchaser voicemail and/or email messages within twenty-four (24) hours.

9. PREVAILING WAGES. This Contract is subject to Washington’s Prevailing Wage on Public Works Act (RCW 39.12). Accordingly, for work pursuant to this Contract, Contractor (including any subcontractors), unless exempt, shall pay all workers employed in the performance of any part of the work in accordance with RCW 39.12 and the rules promulgated by the Washington State Department of Labor and Industries.

9.1. WAGE RATES. Contractor, and any subcontractor or other person doing any portion of the work covered by this Contract, shall not pay any laborer, worker, or mechanic less than the applicable and most current prevailing hourly wage rates and fringe benefits for said worker’s classification to all laborers workers or mechanics who perform any work pursuant to any resulting contract, in conformance with the scope or work description of the Industrial Statistician of the Washington State Department of Labor and Industries. Contractor shall have sole responsibility to ascertain the applicable prevailing rate of wage for such classification, as set forth by the State of Washington for the County in which the work is performed. The applicable prevailing wage rates are set forth on the website for the Washington State Department of Labor and Industries. Prevailing wage rates are updated twice a year, on the first business day in February and August, and take effect thirty (30) days after publication. For services on this Contract that are provided during an update to the prevailing wage rates, Contractor shall pay the applicable prevailing wage for the date the services performed in compliance with any update to the rates. For clarity, the updates to prevailing wage rates automatically apply to the wage rates on this Contract for any work performed on the day the updated prevailing wage rate takes effect.

9.2. STATEMENT OF INTENT TO PAY PREVAILING WAGES. Before commencing any work under this Contract, Contractor (and all subcontractors) shall file with the Washington State Department of Labor and Industries, for approval, a statement, under oath, certifying its Intent to Pay Prevailing Wages. Contractor also shall provide a copy of the Intent to Pay Prevailing Wages to Purchaser and Enterprise Services.

9.3. INVOICES & CONTRACT PAYMENTS. Contractor understands and agrees that each invoice for payment submitted to Purchaser shall state that prevailing wages have been paid in accordance with the pre-filed Statement(s) of Intent, as approved. Copies of the Intent to Pay Prevailing Wages shall be posted on the work site with the address and telephone number of the Industrial Statistician of the Washington State Department of Labor and Industries where a complaint or inquiry regarding prevailing wages may be made. Further, for invoices on this Contract for services performed that occur with an update to the prevailing wage rates, Contractor shall clearly detail the applicable rates charged for the dates services for periods http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 13

before an update to the prevailing wage rate and periods after the prevailing wage rate to ensure to ensure that the correct prevailing wage rate was utilized.

9.4. AFFIDAVIT OF WAGES PAID. Upon completion of the work under this Contract, Contractor (and each subcontractor) shall file with the Washington State Department of Labor and Industries the approved Affidavit of Wages Paid. Purchaser shall condition final payment to Contractor on the submittal of such Affidavit of Wages Paid.

9.5. LABOR & INDUSTRIES FEES. Contractor shall pay to the Washington State Department of Labor and Industries any applicable fees for the Statement of Intent and/or Affidavit of Wages Paid that are to be submitted to the Washington State Department of Labor and Industries for certification.

9.6. PAYROLL RECORDS. Contractor shall retain payroll records pertaining to work performed for this Contract for three (3) years following expiration or termination of this Contract and, upon request, provide certified copies of such payroll records to Purchaser and Enterprise Services.

10. INVOICING & PAYMENT.

10.1. CONTRACTOR INVOICE. Contractor shall submit properly itemized invoices to Purchaser’s designated invoicing contact for Goods and/or Services delivered under this Contract. Such invoices shall itemize the following:

(a) Contract No. 25423;

(b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative);

(c) Contractor’s Federal Tax Identification Number;

(d) Date(s) of delivery;

(e) Applicable Services: (for Services, the Invoice clearly must indicate the breakdown of labor (Prevailing Wage + %) and/or materials (Materials +%);

(f) Invoice amount; and

(g) Payment terms, including any available prompt payment discounts.

Contractor’s invoices for payment shall reflect accurate Contract prices. Invoices shall not be processed for payment until receipt of a complete invoice as specified herein.

10.2. PAYMENT. Payment is the sole responsibility of, and shall be made by, the Purchaser.

Purchaser’s obligation to pay invoices is subject to receipt of a timely and accurate invoice and conforming Goods and/or Services. Unless Contractor has provided a prompt payment discount set forth in Exhibit B – Prices for Goods/Services, Purchaser’s payment is due within thirty (30) calendar days of invoice. Purchaser retains the right of setoff for any amount due or owing to Purchaser. Purchaser may make payments electronically (e.g., ACH payments).

Contractor shall provide information necessary to facilitate electronic payments. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment shall not be considered late if a check or warrant is mailed within the time specified.

10.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 14

of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty

(30) calendar days after notice to Contractor.

10.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or receive advance payment for any Goods and/or Services furnished by Contractor pursuant to this Contract.

10.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, insurance, or payment processing.

10.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Contract. Failure to do so shall constitute breach of this Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased Goods and/or Services. Contractor’s invoices shall separately state

(a) taxable and non-taxable charges and (b) sales/use tax due by jurisdiction. In regard to federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30) calendar days written notice to Purchaser, Purchase has not provided Contractor with a valid exemption certificate from such federal excise taxes.

11. CONTRACT MANAGEMENT.

11.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Contract. Enterprise Services’ contract administrator shall provide Contract oversight.

Contractor’s contract administrator shall be Contractor’s principal contact for business activities under this Contract. The parties may change contract administrators by written notice as set forth below.

Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services PNW Disaster Relief DBA Sultini LLC Attn: Gideon Simukonda Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Tel: (360) 407-9296 Email:

descontractsteammaple@des.wa.gov

Attn:

Tel:

Email:

Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee.

Jason Sultini

JASON SULTINI

24395 Nookachamp hills Dr. Mount Vernon WA 98274

(360)840-0006

Sultini101588@gmail.com mailto:descontractsteammaple@des.wa.gov

CONTRACT NO. 25423 – GRAFFITI REMOVAL SERVICES 15

11.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Contract.

11.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services PNW Disaster Relief DBA Sultini LLC Attn: Legal Services Manager Washington Dept. of Enterprise Services PO Box 41411 Olympia, WA 98504-1411 Email: greg.tolbert@des.wa.gov

Attn:

Email:

Notices shall be deemed effective upon the earlier of receipt if mailed, or, if emailed, upon transmission to the designated email address of said addressee.

12. CONTRACTOR SALES REPORTING; VENDOR MANAGEMENT FEE; & CONTRACTOR REPORTS.

12.1. CONTRACT SALES REPORTING. Contractor shall report total Contract sales quarterly to Enterprise Services, as set forth below.

(a) Contract Sales Reporting System. Contractor shall report quarterly Contract sales in Enterprise Services’ Contract Sales Reporting System. Enterprise Services shall provide Contractor with a login password and a vendor number. The password and vendor number shall be provided to the Sales Reporting Representative(s) listed on Contractor’s Bidder Profile.

(b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The “Miscellaneous” option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasers specified herein during the term of the Contract.