CUST_Q_PS_Ellswroth.rtf

AGREEMENT FOR SPECIAL SERVICES Page of

THIS DOCUMENT MUST BE COMPLETED AND RE-ATTACHED TO YOUR VSS BID.

PRICING MUST ALSO BE ENTERED ON YOUR VENDOR SELF SERVICE (VSS) BID.

ENTER TOTAL COST OF THREE (3) YEAR CONTRACT IN UNIT COST.

Dear Bidder:

The State of Maine Division of Purchases on behalf of the Department of Public Safety, Maine State Police, Ellsworth Barracks, Troop J has requested a quotation for Custodial Maintenance located at 180 Bangor Rd., Ellsworth, ME. The contract period is expected begin July 1, 2010 to June 30, 2013. Work to be completed shall be in compliance to the specifications made a part of this quote. Please contact Lt. Chris Coleman at 207-532-5423 prior to quote opening to inspect facility. This facility has an approximate total of 2,300 square feet of cleaning space.

Total Bid Amount for 3-year Contract: $_______________________________________

Bid price per Month: $____________________Yearly Price $___________________$______________S.F.

Phone Number_____________________________Fax #_____________________________

Firm Bidding:_______________________________________ Federal Id #_____________________

AdvantageME Vendor Self Service #__________________________________________(NEW SYSTEM)

Name & Title of Signatory:_________________________________________________

Signature:_____________________________________Date:______________________

This request does not constitute a commitment on the part of the Department to award a contract. However, if a contract is awarded to you, you will be required to sign a State of Maine contract for Special Services, a copy of which is attached to this quote.

Certified Work Centers will be evaluated first. If the proposed cost is comparable to other general contractor proposals, then the Certified Work Center will have preference in the award of this bid.

After reviewing the Certified Work Center proposal, Purchases may elect to evaluate the remaining general bids in accordance with the Division of Purchase’s standard rules and procedures.

The Division of Purchases has the right to accept or reject any or all bids.

Sincerely, Sue Suzanne Garcia Buyer II State of Maine, Division of Purchases Sue.H.Garcia@maine.gov

PHONE: (207) 624-7338 (Voice) (207) 287-4537 (TTY) FAX: (207) 287-6578 www.Maine.gov

EXHIBIT A

Custodial Service Specifications Maine State Police, Troop J

180 Bangor Road P.O. Box 359 Ellsworth, ME 04605 Approx. 2300 sq. ft.

July 1, 2010 – June 30, 2013

HOURS AND DAYS OF WORK

Work will be accomplished between the hours of 7 AM and 5 PM – Approximately 2 hours per day.

Weekly cleaning duties will be done on Monday and Thursday, and the first Saturday of the month Hours and days may only change with the approval of the Troop J Commander

MONDAY THRU FRIDAY (Daily) Sweep, wet mop and clean entryways – front and rear

Sweep, wet mop and clean all tile area floors in offices, Troopers room and conference room Sweep and wet mop all chair mats Clean, disinfect and deodorize all restrooms (toilet bowls, mirrors, sinks, countertops, walls, urinals, floors, etc.)

Clean and disinfect all telephones Clean and disinfect the water cooler Empty all trash containers and paper shredder (to be place in the State supplied dumpster)

Fill all towel and toilet paper receptacles and soap dispensers.

Clean glass in all entryways and main entrance divided window Clean exterior and interior of microwaves, stove, sink and refrigerator Shake dirt from mats in both the front and rear entrances Clean around the paper shredder to include vacuuming under the cover.

MONTHLY (First Saturday of the month) Dust and clean all door casings, file cabinets and wall pictures, moldings

Clean mopboards

Clean all desktops after they have been cleared by State personnel

BI-ANNUALLY (April and September on weekend only) Shampoo and clean all carpets

Clean all windows inside and outside Clean all exterior doors and entrances Clean all light fixtures Strip and re-wax all tile surfaces with at least two coats of high quality wax

ANNUALLY

Wash all interior walls

PERIODICALLY AS NEEDED

Replace light bulbs, clean fixtures and covers at same time

Clean and sweep exterior walkway areas Spot cleaning of carpeted areas Any other reasonable minor duties related to cleaning as assigned by the Troop Commander

SUPPLIES

The State will supply all light bulbs, liquid bathroom soap, paper products (paper towels, toilet tissue) and trash bags

The contractor will supply all other cleaning equipment and supplies

BACKGROUND

Any contractor personnel must meet with the Troop Commander’s approval and not have a criminal history record or extensive motor vehicle record

SUPERVISION

Supervision of the contractor’s personnel will be the responsibility of the contractor

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

The contractor agrees to complete the project described below in accordance with these specifications and conditions.

Scope: These specifications provide for accomplishing custodial services for the State of Maine in the office building located at 180 Bangor Road, Ellsworth, ME 04605.

These services must be completed in a workmanlike manner in strict accordance with the standards, schedules and conditions set forth herein. The work covered by these provisions consists of furnishing all labor, equipment, supplies, supervision, tools and materials.

Contract Period: This contract will cover the period beginning July 1, 2010 until June 30, 2013 until canceled by either party in accordance with contract provisions.

Description of Work: The work to be accomplished consists of performing custodial services at the above named building according to specific frequencies listed in Exhibit “A”. Frequency may be increase, if needed, by mutually agreeable, written change requests, (Exhibit “B”), but may not be decreased without written approval/acceptance by the Owner’s Representative.

General Relationship: Contractor will submit supplemental hourly labor rates for work over and beyond the scope of these specifications.

Contractor will list number of employees which are guaranteed to be actively engaged in custodial services on a daily basis; _______________ FTE’s (Full Time Equivalents).

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, agree 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 immediately.

If, in the judgment of the Owner’s Representative, 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 housekeeping 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 Owner’s Representative to be improper or inadequate for this purpose shall be removed from the job and replaced with satisfactory equipment.

The Contractor will only be allowed what storage and supply areas are now available and the State will 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 including, but not limited to interior and exterior entry mats, sanitary napkins and tampons, when dispensers are provided. Contractor will be responsible for providing and replacing the energy efficient light tubes/bulbs. The State will provide the paper towels, hand soap toilet paper, energy efficient light tubes/bulbs and plastic liners for the Contractor to replace as part of their duties. Fixture deodorant/sanitizers or other odor masking materials are not acceptable. If such products are needed, the area has not been cleaned and disinfected/deodorized satisfactorily.

2. All supplies/materials used shall have the necessary Under-writers seal of approval, be OSHA approved, be non-slip if applicable and will otherwise create no harmful or hazardous conditions. Any doubtful flammable or otherwise harmful materials may be submitted to the State for analysis upon request. Contractor may submit with bid, a complete listing, by manufacturer’s name and/or number, of cleaning supplies, chemicals, and floor finishes he proposes to furnish for this contract. Any of these materials found not satisfactory to the State will not be used, and substituted materials must be approved before use. The Contractor must maintain on the State’s premises a complete set of MSDS (Material Safety Data Sheets) and have them accessible to the Owner’s Representative.

3. Samples: The Owner’s Representative 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.

Dumpster: The Contractor will be responsible for physically removing trash from the facility each workday and placing in a State supplied dumpster.

F. Use of State Facilities:

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

2. The State will not be responsible in any way for damage to the Contractor’s stored supplies, materials, or equipment, the supplies, materials and equipment being used throughout the building; or the Contractor’s employees personal belongings brought into the building occasioned by fire, theft, accident or otherwise.

3. Upon completing work in each area within the building, the Contractor’s personnel will 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. Contractor employees will park only in areas designed by the State.

G. Contractor Personnel:

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

2. The Contractor will 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. Contractor’s personnel will notify the Owner’s Representative of inoperative water fixtures, lights, commodes, damage to buildings and fixtures, or any vermin such as cockroaches, water bugs, silver fish, mice, rats, etc.

3. Safety: The Contractor shall be responsible for instructing 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).

4. Contractor’s employees shall be provided with appropriate name tag identifying the person and employer. They will be properly displayed 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 will have a responsible supervisor in the building when the work of the contract is being carried out. The Contractor shall also instruct the Owner’s Representative how the Contractor or each representative can be contacted during other than normal working hours.

I. Clean Up: All supplies, equipment, and machines shall be kept free of traffic lanes or other areas where they might be hazardous and shall be secured at the end of each work period in lockers or other areas provided for the purpose. Cloths, mops, or brushes containing a residue of wax or other combustible material subject to spontaneous ignition shall be disposed of or stored outside the building in tight metal containers, to be furnished by the Contractor. All dirt and debris resulting from work under this contract shall be disposed of each day at the completion of work in the building. Cleaning solutions shall be disposed of in slop sinks provided for this purpose. Any flammable cleaning solution shall be immediately and adequately flushed down. Covers will be in place 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 Owner’s Representative, giving location where article was found.

K. Compliance with State 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, work shall be on a two day basis, Monday and Thursday, between the hours of 7:00 AM and 5:00 PM. Should occasion arise that work must be performed on other than the above schedule, the Owner’s Representative will be notified in advance. Some monthly duties denoted in Exhibit A shall be performed on the first Saturday of the month. This time schedule is subject to change at the convenience of the State.

M. Work Schedule: The detailed specification for the building requires work to be done on a periodic basis. The Contractor will 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. (Some suggested months are listed in Exhibit A.)

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 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: Daily inspection of the Contractor’s work will be made by the Owner’s Representative. The Representative 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 Change Order additional/deletion to the contract. No payment shall be made for services which are not performed in accordance with the specifications.

The Owner’s Representative will tour the facilities not less than once each month with the Contractor or representative and review the State’s check rating form to determine future corrective action 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 or permitted.

Termination: This contract shall begin approx. July 1, 2010. The performance of work under the Agreement may be terminated by the Department in whole, or in part, whenever for any reason the Division of Purchases on behalf of 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 Contractor 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. In the case of contracts over one-year in duration, continuity is based on the availability of funds for the additional year. If no funds are available, the State may terminate with 30 days notice of the non-availability of funds for the following fiscal year(s). In case of fire, disaster, or other act of God, the State may terminate service, effective as of the date of the loss, with notice by mail.

S. Standards and Services: The following standards shall be used in evaluating 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 door frame 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 off all rooms, floors, rugs, walls, doors and windows,(both exterior and interior), garage, cellar, 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, cigarette urns, 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.

T. Payment: State proposes to 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 Representative, identified on Page 2 of Exhibit B.

U. Deductions: May be made for items listed in this specification and on the Contractor’s work schedule which are not accomplished, as well as those credits allowed because of a shortage of the assigned number of employees on any given day/night shift. The amount deducted will be based upon the observed normal time as determined by the Owner’s Representative.

(SAMPLE)

Page 1 of _____ Agreement No: _______________

CT #_____________________

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 Employer Identification 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:

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

DEPARTMENT OF ________________________

and

Total Agreement Amount: $___________________

BP54 (Rev 6/04)

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RIDER A

SPECIFICATIONS OF WORK TO BE PERFORMED

Custodial Services to be performed at the Maine Department of _____________________________ (approx. _____________ square feet) located at ________________________, Augusta, Maine. Schedule is per attached specification sheet.

Price per Square Foot $ __________

Monthly Price $ __________

Yearly Price $ __________

Total Cost of 3 Yr. Contract $ __________

RIDER B

METHOD OF PAYMENT AND OTHER PROVISIONS

1. AGREEMENT AMOUNT $______________________

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

Monthly office cleaning at the location stated for the sum of $__________ monthly upon completion of monthly services ($_______psf)

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, or 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 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.

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 any particular provision or part thereof of this Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision or part thereof had been omitted.

24. INTEGRATION All terms of this Agreement are to be interpreted in such a way as to be consistent at all times with the terms of Rider B (except for expressed exceptions to Rider B included in Rider C), followed in precedence by Rider A, and any remaining Riders in alphabetical order.

25. FORCE MAJEURE The Department may, at its discretion, excuse the performance of an obligation by a party under this Agreement in the event that performance of that obligation by that party is prevented by an act of God, act of war, riot, fire, explosion, flood or other catastrophe, sabotage, severe shortage of fuel, power or raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that any such event and the delay caused thereby is beyond the control of, and could not reasonably be avoided by, that party. The Department may, at its discretion, extend the time period for performance of the obligation excused under this section by the period of the excused delay together with a reasonable period to reinstate compliance with the terms of this Agreement.

26. SET-OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any monies due to the Provider under this Agreement up to any amounts due and owing to the State with regard to this Agreement, any other Agreement, any other Agreement with any State department or agency, including any Agreement for a term commencing prior to the term of this Agreement, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto.