CUST_Q_BGS_BMV_Ellsworth_OpenComp2012.rtf

THIS IS A STATE OF MAINE SOLICITATION FOR CUSTODIAL SERVICES

OPEN COMPITITION

Dear Bidder:

The State of Maine Division of Purchases hereby requests quotations for the performance of Custodial Services at the Maine Bureau of Motor Vehicles office located at 24 Church Street, Ellsworth, Maine for the period of August 1, 2012 through February 28, 2014.

The office consists of approximately 3,900 square feet and requires five day per week service. The service to be completed under this assignment shall be in compliance with the specifications in Exhibit A and shall meet the requirements of Exhibit B.

A bid response to this solicitation signifies that the bidder understands and agrees that the contract shall cover the actual square footage, whether it is more or less than the amount stated in Exhibit A, and the bidder is encouraged to attend a walk-through of the facility in advance of submitting a bid. A contract award will be made based upon the proposed price and the bidder’s ability to fulfill the duties listed under Exhibit A and meet the requirements of Exhibit B.

A RESPONSE TO THIS SOLICITATION MUST CONTAIN THE INFORMATION REQUESTED BELOW AND BE ATTACHED TO A BID IN THE STATE OF MAINE’S VENDOR SELF SERVICE (VSS) SYSTEM. IF NOT, THEN THE BID WILL BE DISQUALIFIED.

DO NOT MAIL, HAND DELIVER, FAX OR E-MAIL A BID RESPONSE TO THIS SOLICITATION.

PRICING MUST BE ENTERED BELOW AND ON THE BID IN THE VENDOR SELF SERVICE (VSS) SYSTEM. ENTER TOTAL COST OF 18 MONTHS CONTRACT UNDER UNIT COST.

Name of Bidder Organization: __________________________________________________________________

Total Bid Amount for 18 Months Contract: $______________________________________________________

Bid Price per Month: $_____________________________Yearly Price: $_______________________________

Name & Title of Bidder’s Authorized Representative: _______________________________________________

Bidder’s Address:__________________________________________________ Date: _____________________

Phone Number: __________________________________ E-Mail Address: _____________________________

This request does not constitute a commitment on the part of the Department to award a contract. If a contract is awarded, the awardee will be required to sign a State of Maine Agreement to Purchase Services (BP54), a copy of which is attached to this document.

This solicitation is open to all interested vendors. Prior to this specific solicitation’s release, the Division of Purchases sought proposals from Certified Work Centers and also conferred with the Department of Corrections to determine whether the Department of Corrections was able to provide the products and/or services (in Accordance with 5 §MRSA 1826-C). The Director of the Division of Purchases now elects to solicit bids from all interested vendors in accordance with the evaluation procedures mentioned above (i.e. an award decision based upon proposed price and an ability to fulfill the duties listed under Exhibit A and meets the requirements of Exhibit B

The Division of Purchases reserves the right to accept or reject any or all bids and at its sole discretion in addition recognize and waive minor informalities and irregularities found in bids submitted in response to this solicitation.

Sincerely, Sue

Suzanne Garcia Buyer II, State of Maine, Division of Purchases Email: Sue.H.Garcia@maine.gov Phone: (207) 624-7338 (Voice) / TTY: (207) 287-4537 / Fax: (207) 287-6578

EXHIBIT A

Custodial Service Specifications

Work Site: State of Maine, Bureau of Motor Vehicle, 24 Church Street, Ellsworth, Maine Agreement Administrator / Owner’s Representative: Patty Leighton, Branch Manager, Tel. #207-664-0428 Approx. Cleaning Space: 3,900 square feet (total area interior space) Period of Performance: August 1, 2012 through February, 28, 2014

Prior to award of the contract, interested bidders are strongly encouraged to attend a walk-through of the work site mentioned above, in order to view the estimated cleaning space. A walk-through can be scheduled by contacting the Agreement Administrator named above.

DAILY:

Complete hygienic cleaning of rest rooms: replace toilet tissue, paper towels, soap, urinal tablets, etc.

Empty wastebaskets; collect trash; remove to disposal area (dumpster) Vacuum or sweep high-traffic areas; mop/wash high-traffic areas Wipe counters, tables, and hard-surface chairs in the interview rooms, conference rooms, and lobby areas

THREE DAYS PER WEEK (M-W-F):

Vacuum carpeting using a commercial/industrial vacuum cleaner; remove spots, clean or shampoo, as necessary

Sweep, dry mop, or vacuum all non-carpeted floors, then damp mop as needed Collect recyclable paper and remove to recycling area

MONTHLY (On Defined Day):

Clean counters, sinks, tables, and chairs in the employee lounges

Low and mid-level dusting (up to 6 feet) High level dusting (above 6 feet) Machine polish tiled floor areas

QUARTERLY (On Defined Dates):

Vacuum and damp wipe intake and exhaust grills

Meet with Office Contact Person for a Quarterly Walk-through of the facility

SEMI-ANNUALLY (On Defined Dates):

Strip and wax tile floor areas, cleaning baseboards afterwards

Shampoo carpeting using professional steam cleaning equipment with a minimum temperature of 140 degrees F.

ANNUALLY (On Defined Dates):

Wash light fixtures and lenses

Vacuum systems furniture panels/partitions Wash both sides of the exterior windows and vacuum window treatments

AS NEEDED/REQUESTED:

Spot cleaning (walls, systems furniture partitions, vertical window treatments, woodwork, carpeting, etc.)

Keep custodial closets clean and free of odors.

* Walk-off or Slush Mats: These will be provided by the Agency. The contractor will wash/clean the mats, replacing them with clean mats while wash service is being completed. During the extreme weather months (November thru March) it may be necessary to service the mats more frequently.

Note: Janitorial contractor is expected to provide a commercial/industrial vacuum cleaner equipped with a HEPA filter. They are also to provide self-contained carpet cleaning capable of providing 50 PSI (pounds per square inch) of cleaning solution with an extractor capable of 100 inches of water lift.

EXHIBIT B

Custodial Services General Specifications

In addition to what is listed in Exhibit A, the contractor agrees to complete the project described below in accordance with these specifications and conditions.

Scope: These specifications provide for accomplishing custodial services as described in Exhibit A. These services must be completed in a professional manner in strict accordance with the standards, schedules and conditions set forth herein. The work covered by these terms consists of furnishing all labor, equipment, supplies, supervision, tools and materials.

Description of Work and Frequency: The work to be accomplished consists of performing custodial services at the work site listed in Exhibit A, and according to specific frequencies listed in Exhibit A. Frequency may be increased, if needed, by mutual agreement and through written change requests, but may not be decreased without written approval/acceptance by the State’s Agreement Administrator.

General Relationship and Supplemental Services: Although this contract is organized with a monthly payment for scheduled and reoccurring custodial services, it is possible that the State will request the Contractor to provide supplemental custodial services on an as-needed basis. Contractor shall submit its hourly labor rate for work over and beyond the scope listed in Exhibit A: $______________/hour.

Contractor shall list number of employees which are guaranteed to be actively engaged in custodial services under this contract on a daily basis: _______________ Full Time Equivalents (FTEs).

Any employee of the Contractor who may, in any manner, be unsatisfactory to the State (either because of dress, mannerisms, crude habits, criminal records, or other reasons) shall immediately be replaced by another employee upon request of the State.

The Contractor, or any of its representatives or agents, agrees to treat with the strictest confidence any and all material information, written/verbal or otherwise, kept or maintained in the premises being cleaned. Any violation of this confidentiality will make the contract with the Contractor null and void at the discretion of the State, and the Contractor will be held responsible for any damages caused by any violation of this confidentiality.

If, in the judgment of the Agreement Administrator, the appearance of the area under contract does not meet the standards as set forth herein, it will be the Contractor’s responsibility to take immediate corrective action, and all regular payments for services shall cease until the level of custodial services required has been attained.

E. Supplies and Equipment: The contractor will furnish all supplies and equipment for accomplishment of all work. Contractor’s equipment shall be of the size and type suitable for accomplishing the various phases of work described and/or needed, and shall operate from existing sources of the State furnished electrical power, water supply, etc., and shall have a low noise level of operation. Equipment considered by the Agreement Administrator to be improper or inadequate for this purpose shall be removed from the work site and replaced with satisfactory equipment.

At the discretion of the Agreement Administrator, storage and supply areas, if available, will be provided to the Contractor. Such storage and supply areas shall be used at the Contractor’s own risk. If State storage and supply areas are utilized, the State shall in no way be responsible for lost, damaged or stolen equipment or materials.

1. Materials and Supplies: The Contractor shall furnish all materials and supplies required for cleaning the facility, paper towels, toilet paper, plastic liners, hand soap, sanitary napkins and tampons, when dispensers are provided. These supplies must be the correct size to fit the existing fixtures and replace the energy efficient light tubes/bulbs. The Department will supply interior and exterior entry mats. Fixture deodorant/sanitizers or other odor masking materials are not acceptable and shall not be used.

2. Material Requirements: All supplies/materials used shall have the necessary Under-writers seal of approval, be OSHA approved, be non-slip (if applicable) and shall otherwise create no harmful or hazardous conditions. Any flammable or otherwise harmful materials must be submitted to the State for analysis upon request. The Contractor may be asked at any time to submit a complete listing, by manufacturer’s name and/or number, of the cleaning supplies, chemicals, and floor finishes furnished for this contract. If any of these materials are found to be unsatisfactory by the State, then said materials shall not be used, and substitute materials must be provided and approved before use. The Contractor must maintain on the State’s premises a complete set of Material Safety Data Sheets (MSDS) and have them accessible to the Agreement Administrator.

3. Samples: The Agreement Administrator may require samples of supplies before the Contractor commences work, or at any time during the work, to determine compliance with the standards required by these specifications. Any item failing to meet these specifications shall be replaced by the Contractor with supplies meeting the itemized specifications or required standards.

4. Dumpster: The Contractor will be responsible for providing a two (2) yard dumpster and also for the cost of disposal services twice per month.

F. Use of State Facilities:

1. Janitorial Closet: The janitorial closet is available for use by the Contractor, without cost, for the purpose of storing materials and equipment, excluding flammable materials. Contractor shall be responsible for the orderliness and cleanliness of this closet at all times.

2. Contractor-owned Property: The Contractor brings its property into a State facility at its own risk. The State will not be responsible in any way for damage to the Contractor’s supplies, materials, equipment, or the Contractor’s employees’ personal belongings brought into the building.

3. Securing the Facility: Upon completing work in each area within the building, the Contractor’s personnel shall assure that all windows are closed, lights are off, and all entrance doors are locked prior to leaving the area. The preceding would not apply if the Contractor has completed work substantially prior to the end of the normal work day for State employees.

4. Parking: Contractor employees shall park only in areas designated by the Agreement Administrator.

G. Contractor Personnel:

1. State-owned Equipment: Contractor’s employees shall not utilize or operate State-owned equipment of any type without specific authorization of the Agreement Administrator. This is to include, but is not limited to, all office machines, telephones, etc.

2. Suitability: The Contractor shall screen all personnel to assure the State that all employees are of good character. The Contractor shall employ only personnel skilled or capable of becoming skilled in janitorial work.

3. Notifications: Contractor’s personnel shall notify the Agreement Administrator of inoperative water fixtures, lights, commodes, damage to buildings and fixtures, or any vermin such as cockroaches, water bugs, silver fish, mice, rats, etc.

4. Safety: The Contractor shall be responsible for instructing its employees in safety measures considered appropriate. The Contractor shall not permit placing or use of mops, brooms, or equipment in traffic lanes or other locations in such manner to create safety hazards and shall provide appropriate warning signs for slippery floor areas caused by cleaning or waxing operations. Contractor’s employees shall be required to interrupt their work at any time to allow passage of personnel. Contractor must comply with all Federal or State safety laws and regulations (including OSHA/MSDS requirements).

5. Identification: Contractor’s employees shall be provided with an appropriate nametag identifying the person and employer. The Contractor’s employees shall properly display the nametag during working hours.

H. Supervision: The Contractor shall at all times provide adequate supervision of employees to ensure complete and satisfactory performance of all work in accordance with the terms of the contract. When there is more than one FTE involved, the Contractor shall have a responsible supervisor in the building when the work of the contract is being carried out. The Contractor shall also instruct the Agreement Administrator how the Contractor or its representative can be contacted during other than normal working hours.

I. Clean Up: The Contractor shall keep all supplies, equipment, and machines clear of traffic lanes or other areas where they might be hazardous and the Contractor shall secure such supplies, equipment, and machines at the end of each work period in lockers or other areas provided for the purpose. The Contractor shall store or dispose of cloths, mops, or brushes containing a residue of wax or other combustible material subject to spontaneous ignition outside the building in tight metal containers, to be furnished by the Contractor. The Contractor shall dispose of all dirt and debris resulting from work under this contract each day at the completion of work at the work site. Where allowed by State and Federal regulations, the Contractor shall dispose of used cleaning solutions in slop sinks provided, and the Contractor shall adequately flush down any flammable cleaning solutions. The Contractor shall place covers on trash receptacles at all times.

J. Lost, Found or Missing Articles: All unclaimed articles found in or about the work areas by the Contractor will be turned in immediately to the Agreement Administrator, giving location where article was found.

K. Compliance with State and Federal Regulations: The Contractor and employees will be subject to all applicable State and Federal regulations, for the conduct of personnel.

L. Hours of Work: Unless otherwise specified (see Exhibit A), the Contractor shall perform work on a five (5) day basis, Monday thru Friday, between the hours of 5:00 PM. and 12:00 Midnight. Should occasion arise that work must be performed on other than the above mentioned schedule, the Contractor shall notify the Agreement Administrator in advance. This time schedule is subject to change at the convenience of the State.

M. Work Schedule: The detailed specification for the work site, Exhibit A, requires work to be done on a periodic basis. The Contractor shall supply a schedule of the intended work on all elements other than those which are daily requirements. The schedule will be as follows:

5. Annual Requirements - The month that the work is to be performed. (Suggested months are provided in Exhibit A, or the Agreement Administrator may suggest months for this purpose.)

N. Insurance: The Contractor shall procure and maintain, for the duration of the contract, insurance for injuries to persons or damages to property which may arise from or in connections with the performance of the work hereunder by the Contractor, agents, representatives, employees or subcontractors. Minimum insurance requirements are listed below.

Minimum Insurance required:

O. Subcontracts: Subcontractors hired for this contract are subject to all the terms and conditions of the prime contract and must supply Certificates of Insurance to the State in the same amount as the prime contractor. No more than 15% of the work under this contract may be performed by subcontractors and the State reserves the right to remove any unsuitable subcontractor.

P. Inspection by the State: Inspection of the Contractor’s work will be made by the Agreement Administrator or designee. The Agreement Administrator or designee has authority to point out to the Contractor’s personnel incomplete or defective work and necessary corrective measures, but does not have authority to alter the terms of conditions of the contract without a mutually agreeable Amendment or Change Order to the contract. No payment shall be made for services which are not performed in accordance with the specifications.

The Agreement Administrator will tour the facilities approximately once each month with the Contractor or representative and review the State’s check rating form to determine future corrective actions required, if any.

Q. Storage: The building has a supply area for routine storage of chemicals, toilet tissue, etc., but bulk storage of large quantities of paper goods or cleaning chemicals, etc., is not available, nor permitted. The definitions of “bulk” and “large” will be determined solely by the Agreement Administrator, in accordance with the space available at the work site.

R. Standards and Services: The following standards shall be used in inspecting custodial services:

1. Standards:

Dusting - A properly dusted surface is free of all dirt and dust, dust streaks, lint and cobwebs.

Plumbing Fixtures and Dispenser Cleaning - Plumbing fixtures and dispensers are clean when free of all deposits and stains so that item is left without dust streaks, film, odor, or stains.

Sweeping - A properly swept floor is free of all dirt, dust, grit, lint, and debris except imbedded dirt or grit.

Spot Cleaning - A surface adequately spot cleaned is free of all stains, deposits, and is substantially free of cleaning marks.

Damp Mopping - A satisfactorily damp mopped floor is without dirt and dust, marks, film, streaks, debris, and standing water.

Metal Cleaning - When cleaned, all surfaces are without deposits or tarnish, and with a uniformly bright appearance. Cleaner is removed from adjacent surfaces.

Glass Cleaning - Glass is clean when all accessible glass surfaces are without streaks, film, deposits, and stains and has a uniformly bright appearance and adjacent surfaces have been wiped clean. Extreme care and correct materials must be used to avoid damage and scratching on all surfaces.

Finish Removal - Finish removal is accomplished when surfaces have all finish dirt removed down to the floor material, floor is left free of all dirt, stains, deposits, debris, cleaning solution, and standing water, and the floor has a uniform appearance when dry. Plain water rinse and pickup must follow removal operation immediately.

Scrubbing - Scrubbing is satisfactorily performed when all surfaces are without imbedded dirt, cleaning solution, film, debris, stains, marks, and standing water in all areas and floor has a uniformly clean appearance. A plain water rinse must follow the scrubbing process immediately.

Light Fixture Cleaning - Light fixtures are clean when all components, including bulbs and tubes are without insects, dirt, lint, film, and streaks. All articles removed must be replaced immediately.

Buffing of Finished Surfaces - Finished surfaces shall be buffed sufficiently to obtain maximum gloss, and have a uniform appearance free of surface dirt.

Baseboard Cleaning - After cleaning, the surfaces of all baseboards (wood, resilient, ceramic) will have a uniformly clean appearance, free from dirt, stains, streaks, and cleaning marks.

Window Cleaning – Shall consist of cleaning the entire window area, which includes the glass and vinyl or wooden part of the window frame, sash and any blinds attached to the windows. Cleaning shall be accomplished with a glass or all-purpose cleaning agent and is considered clean when all surfaces have a uniformed surface free from dirt, stains, streaks and cleaning marks.

Entryway Cleaning - Shall consist of cleaning the entire exterior and interior of the entryway to include on the exterior the area of the door, the doorframe the exterior wall area encompassed by the overhang, and concrete stoop. Cleaning shall be by use of a cleaning solution or warm soap and water and is considered clean when all surfaces have a uniformed surface free from dirt, stains, bugs or any part of bugs or vermin, cobwebs, streaks, or cleaning marks.

2. Services:

The following services shall be performed to comply with the herein before specified standard:

Preliminary Cleaning - The facility will be given a complete top to bottom cleaning of all rooms, floors, rugs, walls, doors and windows, (both exterior and interior), entryways, and moldings.

Cleaning Toilet Rooms - This work includes cleaning all plumbing fixtures, lavatories, toilet bowls, dispensers, wainscots, doors, and stall partitions as required, and filling all paper/soap dispensers as needed. Scouring powder may be used on plumbing fixtures or may be used for water closets and urinals, if required, on approval by the Owner’s Representative. All stains or spots shall be removed from wainscots or stall partitions, using a damp cloth with detergent. Floors shall be dry-swept and damp mopped daily using a germicide.

Cleaning Slop Sinks, Vending Machines, and Drinking Fountains - All items will be cleaned using detergent or scouring powder, if required. Cabinets or water chillers shall be wiped clean with a damp cloth. Any spillage on floors or walls adjacent to fixture shall be wiped clean with a damp cloth.

Sweeping - All tile, wood, or concrete floors, stairways, landings, and stoops shall be swept with brush or mop or mechanical brush-vacuum sweeping without damage or disfigurement of furniture, doors, or base trim. Oil treated mops shall not be used. Dust, dirt, and debris shall be removed to receptacles provided for this purpose on the building exterior. Reset furniture upon completion of sweeping.

Vacuuming - Carpeting and furniture shall be vacuumed and the dirt, dust and debris removed to receptacles provided by the Contractor on the building exterior. Spots shall be removed from rugs and carpets as they occur. A commercial/industrial vacuum cleaner equipped with a HEPA filter must be utilized.

Carpet Shampooing - Carpeting shall be cleaned by self-contained equipment capable of providing 50 PSI (pounds per square inch) of cleaning solution with an extractor capable of 100 inches of water lift and shall use water with a minimum temperature of 140 degrees F. Turbo drying of the shampooed carpet shall be performed utilizing a high speed fan(s). Bonnet cleaning is NOT acceptable (other than for spot cleaning).

Damp Mopping Floors - Damp mop all resilient tile floors, terrazzo, quarry tile, ceramic tile, and concrete floors, including stairs and landings, using cotton or sponge mops, appropriate stain removal agents, unheated water and detergent, if required, using as small amount of water as possible. Follow with clean water rinse and pick up again using as small amount of water as possible. Where floor drain exists, water will be added periodically to prevent traps from becoming dry.

Floor Scrubbing - Scrub floors by use of deck brush, cylindrical or disc type machine or automatic machine scrubber and detergent solution using as small amount of water as possible followed by plain water rinse and pick up. This scrubbing will be followed by the application of a floor finish system applied in accordance with the manufacturer’s specifications. Baseboards shall be thoroughly cleaned after buffing.

Finish Removal - Removal or stripping of all finish down to the flooring material, using compound specifically prepared for this purpose, with steel wool or brush agitation as required, followed by rinsing with plain water to remove all finish material, solution, dirt and film form baseboard edge to baseboard edge.

Floor Waxing and Finishing - All floor waxes or finishes (i.e., carnauba, acrylic, polymeric) will be compatible with floors on which applied and shall be applied in accordance with the manufacturer’s recommendations.

Floor Touchup - Application of finish material and buffing in heavy traffic areas between primary refinishing as required.

Buffing - All finished and terrazzo floors shall be buffed periodically to remove traffic marks, heavy soil, etc., to be followed by sweeping, vacuuming, or dust mopping to pick up loose residue.

Turned-Out Lights - Turn off all lights when not in use. Only specific areas being worked in will be illuminated.

Dusting Horizontal Surfaces Other Than Furniture, Fixtures, and Equipment - Dust with treated dust cloth or vacuum all horizontal surfaces of windows, window ledges, radiators, stair rails, baseboards, tops of acoustical panels, exterior wall mounted electrical conduit and other horizontal surfaces.

Glass Cleaning - Clean all mirrors, glass cases, desk tops, windows and glass at building entrances using plain water or cleaning solution prepared for the purpose. Adjacent trim shall be wiped clean with a damp cloth. Scouring powder shall not be used.

Metal Cleaning and Polishing - Hardware, bars on doors, kick plates, and all other bright work shall be polished using approved polishing compound.

Dusting Interior Walls and Ceilings - Beginning at the highest point, dust shall be first removed room all surfaces and exposed overhead pipes and equipment with untreated dusters or by vacuuming. Cobwebs shall be removed with an upward stroke to avoid streaking.

Cleaning Doors and Trim - Clean doors and adjacent trim not otherwise cleaned.

Cleaning Light Fixtures - Dust all accessible components of light fixtures, including bulbs and tubes with a cloth or yarn duster. On a rotation basis, each fixture shall be washed not less than twice per year.

Empty Recycling Bins – Empty all recycle bins, when recycling program is practiced, located in corridors and other areas where specifically noted and remove recyclable (paper, cardboard, etc.) items from building or deposit in collection facility/area provided for this purpose. Any recyclable products will be reduced and sorted by the department prior to removal.

Empty Waste Receptacles - Empty all waste receptacles located in corridors and other areas where specifically noted and remove trash from building and deposit in collection facilities provided for this purpose.

Washing Waste Receptacles - Wash all waste receptacles to keep in sanitary condition. Washing shall be accomplished with brush and detergent solution. Use of cleaning agents harmful to paint or receptacle material will not be permitted. Receptacles will be left free of deposits, dirt, streaks.

Cleaning and Polishing Furniture - Wood and finished metal surfaces shall receive furniture polish with rubbing as necessary for cleaning, followed by polishing with a clean, dry cloth or electric buffer. Leather coverings shall be thoroughly cleaned with a combination cleaner and polish followed by polishing with a clean, dry cloth. When cleaned or polished, all surfaces shall be of uniform appearance, free of deposits, streaks or film. All spillage shall be wiped clean with a damp cloth.

Vacuum All Upholstered Furniture - Vacuum all upholstered surfaces to remove dust and lint (includes acoustical panels/systems furniture partitions).

Mat Cleaning - Remove mats at entrances and remove all dirt and dust deposits underneath. Clean mats and replace in proper location.

S. Payment: State will pay in equal monthly installments upon receipt of invoices for services rendered for the preceding month. The monthly statements are to be submitted to the State of Maine’s Agreement Administrator, identified in Exhibit A.

T. Payment Deductions: Deductions may be made for items listed in this specification and on the Contractor’s work schedule which are not accomplished. The amount deducted will be reasonable, and determined by the Agreement Administrator.

AdvantageME CT No:

STATE OF MAINE

DEPARTMENT OF ____________________

Agreement to Purchase Services

THIS AGREEMENT, made this _________ day of __________, ______, is by and between the State of Maine, ________________, hereinafter called “Department,” and _____________________, located at _____________________________________ , telephone number __________________, hereinafter called “Provider”, for the period of _______________ to _______________________.

The AdvantageME Vendor/Customer number of the Provider is ______________________

WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Department, the Provider hereby agrees with the Department to furnish all qualified personnel, facilities, materials and services and in consultation with the Department, to perform the services, study or projects described in Rider A, and under the terms of this Agreement. The following riders are hereby incorporated into this Agreement and made part of it by reference:

WITNESSETH, that this contract is consistent with Executive Order 17 FY 08/09 or a superseding Executive Order, and complies with its requirements.

IN WITNESS WHEREOF, the Department and the Provider, by their representatives duly authorized, have executed this agreement in original copies.

DEPARTMENT OF ________________________

Total Agreement Amount: $___________________

Approved:

Chair, State Purchases Review Committee BP54 (Rev 9/07)

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This contract is for the performance of Custodial Services, to be provided at the Maine Department of ____________________ facility (containing approximately ______ square feet of cleaning space), located at ________________, Maine. The Custodial Services and contract details are further defined on the attached specification sheets, labeled as Exhibit A and Exhibit B.

The Custodial Services shall be reimbursed in accordance with the pricing structure shown below:

Monthly Price: $__________

Yearly Price: $__________

Total Cost of Three-Year Contract: $__________

RIDER B

METHOD OF PAYMENT AND OTHER PROVISIONS

1. AGREEMENT AMOUNT $______________________

2. INVOICES AND PAYMENTS The Department will pay the Provider as follows:

Payments are subject to the Provider's compliance with all items set forth in this Agreement and subject to the availability of funds. The Department will process approved payments within 30 days.

3. BENEFITS AND DEDUCTIONS If the Provider is an individual, the Provider understands and agrees that he/she is an independent contractor for whom no Federal or State Income Tax will be deducted by the Department, and for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation and sick leave, and similar benefits available to State employees will accrue. The Provider further understands that annual information returns, as required by the Internal Revenue Code or State of Maine Income Tax Law, will be filed by the State Controller with the Internal Revenue Service and the State of Maine Bureau of Revenue Services, copies of which will be furnished to the Provider for his/her Income Tax records.

4. INDEPENDENT CAPACITY In the performance of this Agreement, the parties hereto agree that the Provider, and any agents and employees of the Provider shall act in the capacity of an independent contractor and not as officers or employees or agents of the State.

5. DEPARTMENT'S REPRESENTATIVE The Agreement Administrator shall be the Department's representative during the period of this Agreement. He/she has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the Department when payments under the Agreement are due and the amounts to be paid. He/she shall make decisions on all claims of the Provider, subject to the approval of the Commissioner of the Department.

6. AGREEMENT ADMINISTRATOR All progress reports, correspondence and related submissions from the Provider shall be submitted to:

who is designated as the Agreement Administrator on behalf of the Department for this Agreement, except where specified otherwise in this Agreement.

7. CHANGES IN THE WORK The Department may order changes in the work, the Agreement Amount being adjusted accordingly. Any monetary adjustment or any substantive change in the work shall be in the form of an amendment, signed by both parties and approved by the State Purchases Review Committee. Said amendment must be effective prior to execution of the work.

8. SUB-AGREEMENTS Unless provided for in this Agreement, no arrangement shall be made by the Provider with any other party for furnishing any of the services herein contracted for without the consent and approval of the Agreement Administrator. Any sub-agreement hereunder entered into subsequent to the execution of this Agreement must be annotated "approved" by the Agreement Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between the Provider and its employees assigned for services thereunder.

9. SUBLETTING, ASSIGNMENT OR TRANSFER The Provider shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof, or of its right, title or interest therein, without written request to and written consent of the Agreement Administrator. No subcontracts or transfer of agreement shall in any case release the Provider of its liability under this Agreement.

10. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Provider agrees as follows:

a. The Provider shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, unless related to a bona fide occupational qualification. The Provider shall take affirmative action to ensure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation.

Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Provider agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause.

b. The Provider shall, in all solicitations or advertising for employees placed by or on behalf of the Provider relating to this Agreement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation.

c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining agreement, or other agreement or understanding, whereby it is furnished with labor for the performance of this Agreement a notice to be provided by the contracting agency, advising the said labor union or workers' representative of the Provider's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice.

e. The Provider shall comply with all aspects of the Americans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients.

f. Contractors and subcontractors with contracts in excess of $50,000 shall also pursue in good faith affirmative action programs.

g. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

11. EMPLOYMENT AND PERSONNEL The Provider shall not engage any person in the employ of any State Department or Agency in a position that would constitute a violation of 5 MRSA § 18 or 17 MRSA § 3104. The Contractor shall not engage on a full-time, part-time or other basis during the period of this Agreement, any other personnel who are or have been at any time during the period of this Agreement in the employ of any State Department or Agency, except regularly retired employees, without the written consent of the State Purchases Review Committee. Further, the Provider shall not engage on this project on a full-time, part-time or other basis during the period of this Agreement any retired employee of the Department who has not been retired for at least one year, without the written consent of the State Purchases Review Committee. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

12. STATE EMPLOYEES NOT TO BENEFIT No individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise therefrom directly or indirectly that would constitute a violation of 5 MRSA § 18 or 17 MRSA § 3104. No other individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise therefrom directly or indirectly due to his employment by or financial interest in the Provider or any affiliate of the Provider, without the written consent of the State Purchases Review Committee. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.

13. WARRANTY The Provider warrants that it has not employed or contracted with any company or person, other than for assistance with the normal study and preparation of a proposal, to solicit or secure this Agreement and that it has not paid, or agreed to pay, any company or person, other than a bona fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Agreement. For breach or violation of this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion to otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

14. ACCESS TO RECORDS As a condition of accepting a contract for services under this section, a contractor must agree to treat all records, other than proprietary information, relating to personal services work performed under the contract as public records under the freedom of access laws to the same extent as if the work were performed directly by the department or agency. For the purposes of this subsection, "proprietary information" means information that is a trade secret or commercial or financial information, the disclosure of which would impair the competitive position of the contractor and would make available information not otherwise publicly available. Information relating to wages and benefits of the employees performing the personal services work under the contract and information concerning employee and contract oversight and accountability procedures and systems are not proprietary information. The Provider shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to this Agreement and make such materials available at its offices at all reasonable times during the period of this Agreement and for such subsequent period as specified under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) rules. The Provider shall allow inspection of pertinent documents by the Department or any authorized representative of the State of Maine or Federal Government, and shall furnish copies thereof, if requested. This subsection applies to contracts, contract extensions and contract amendments executed on or after October 1, 2009.

15. TERMINATION The performance of work under the Agreement may be terminated by the Department in whole, or in part, whenever for any reason the Agreement Administrator shall determine that such termination is in the best interest of the Department. Any such termination shall be effected by delivery to the Provider of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination becomes effective. The Agreement shall be equitably adjusted to compensate for such termination, and modified accordingly.

16. GOVERNMENTAL REQUIREMENTS The Provider warrants and represents that it will comply with all governmental ordinances, laws and regulations.

17. GOVERNING LAW This Agreement shall be governed in all respects by the laws, statutes, and regulations of the United States of America and of the State of Maine. Any legal proceeding against the State regarding this Agreement shall be brought in State of Maine administrative or judicial forums. The Provider consents to personal jurisdiction in the State of Maine.

18. STATE HELD HARMLESS The Provider agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and damages of every kind and description (hereinafter in this paragraph referred to as “claims”) resulting from or arising out of the performance of this Agreement by the Provider, its employees, agents, or subcontractors. Claims to which this indemnification applies include, but without limitation, the following: (i) claims suffered or incurred by any contractor, subcontractor, materialman, laborer and any other person, firm, corporation or other legal entity (hereinafter in this paragraph referred to as “person”) providing work, services, materials, equipment or supplies in connection with the performance of this Agreement; (ii) claims arising out of a violation or infringement of any proprietary right, copyright, trademark, right of privacy or other right arising out of publication, translation, development, reproduction, delivery, use, or disposition of any data, information or other matter furnished or used in connection with this Agreement; (iii) Claims arising out of a libelous or other unlawful matter used or developed in connection with this Agreement; (iv) claims suffered or incurred by any person who may be otherwise injured or damaged in the performance of this Agreement; and (v) all legal costs and other expenses of defense against any asserted claims to which this indemnification applies. This indemnification does not extend to a claim that results solely and directly from (i) the Department’s negligence or unlawful act, or (ii) action by the Provider taken in reasonable reliance upon an instruction or direction given by an authorized person acting on behalf of the Department in accordance with this Agreement.

19. NOTICE OF CLAIMS The Provider shall give the Contract Administrator immediate notice in writing of any legal action or suit filed related in any way to the Agreement or which may affect the performance of duties under the Agreement, and prompt notice of any claim made against the Provider by any subcontractor which may result in litigation related in any way to the Agreement or which may affect the performance of duties under the Agreement.

20. APPROVAL This Agreement must have the approval of the State Controller and the State Purchases Review Committee before it can be considered a valid, enforceable document.

21. LIABILITY INSURANCE The Provider shall keep in force a liability policy issued by a company fully licensed or designated as an eligible surplus line insurer to do business in this State by the Maine Department of Professional & Financial Regulation, Bureau of Insurance, which policy includes the activity to be covered by this Agreement with adequate liability coverage to protect itself and the Department from suits. Providers insured through a “risk retention group” insurer prior to July 1, 1991 may continue under that arrangement. Prior to or upon execution of this Agreement, the Provider shall furnish the Department with written or photocopied verification of the existence of such liability insurance policy.

22. NON-APPROPRIATION Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to make payment under this Agreement.

23. SEVERABILITY The invalidity or unenforceability of…