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HomeMy WebLinkAboutCoastal Custodial MC Contract#19-114 MASON COUNTY and COASTAL CUSTODIAL PROFESSIONAL SERVICES CONTRACT This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Coastal Custodial, referred to as"CONTRACTOR." RECITALS: WHEREAS, COUNTY issued a Request for Proposals (RFP) seeking the services of a well- qualified company to provide janitorial services for County facilities; and WHEREAS, CONTRACTOR submitted a proposal that was reviewed by a Review Team; and WHEREAS, CONTRACTOR warrants that it is qualified and competent to render the aforesaid services. NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be made by COUNTY, the parties agree to the following: Special Conditions: 1. Background Checks, Fingerprinting and CJIS Vendor Training: A. All employees and/or other company representatives must pass a Washington State Patrol background check prior to providing services. CONTRACTOR must provide copies of the reports as requested by COUNTY. B. All CONTRACTOR's employees or other representatives who will be working at COUNTY's facilities under this CONTRACT must submit to fingerprinting within 30 days of the start of this CONTRACT or, for new employees or representatives within 30 days of their start date with CONTRACTOR. C. All CONTRACTOR's employees or other representatives who will be working at COUNTY's facilities under this CONTRACT complete and pass Criminal Justice Information System (CJIS) Vendor Training within 30 days of the start of this CONTRACT or, for new employees or representatives within 30 days of their start date with CONTRACTOR. D. Fingerprinting and CJIS Vendor Training is to be coordinated with the Facilities, Parks and Trails Manager or his designee. 2. Uniforms and ID Badges: CONTRACTOR 's employees and other representatives must wear a readily identifiable company uniform and photo ID badge. CONTRACTOR may provide a company ID badge with photo or can request COUNTY to provide. Issuing of COUNTY provided ID badges are to be coordinated with Facilities, Parks and Trails Manager or his designee. 3. Employee List: CONTRACTOR must provide the Facilities Manager or his designee with a complete list of all individuals who will be providing janitorial services including employee, supervisors, owner(s) and other company representatives. CONTRACTOR must update the list prior to allowing anyone who is not on the list access to County facilities. Failure to comply with this requirement will be subject to a penalty up to $200 per occurrence and/or termination of the CONTRACT without notice. 1 4. Appearance and Demeanor: All employees and other company representatives of the CONTRACTOR must maintain a professional appearance and demeanor. 5. Communication: CONTRACTOR must ensure that employees are able to understand written and oral instructions as provided by COUNTY staff and represent 6. Facilities: Shelton- A. Building 1- 411 North 5th Street - 16,400 sq.ft. B. Building 2-410 North 4th Street - 2,000 sq.ft. C. Building 3-426 West Cedar Street - 7,000 sq.ft. D. Building 4-303 North 4th Street - 2,500 sq.ft. E. Building 5-521 West Alder Street - 1,300 sq.ft. F. Building 6-414 North 5th Street - 2,100 sq.ft. G. Building 7-521 North 4th Street - 3,900 sq.ft. H. Building 8-615 West Alder Street - 10,700 sq.ft. I. Building 9-423 North 5th Street - 1,700 sq.ft. J. Sheriffs Office-322 North 3rd Street - 8,500 sq.ft. K. Courthouse-419 North 4th Street - 16,350 sq.ft. L. Public Works/Building 1 and 2-100 West Public Works Drive - 28,000 sq. ft. M. Memorial Hall-210 West Franklin Street - 4,000 sq.ft. Belfair- N. Sheriffs North Precinct - NE 23293 State Route 3, Belfair- 3,000 sq.ft. O. Public Works -600 Beck Road, Belfair, WA 98584 - 80 sq. ft 7. Services and Frequencies: CONTRACTOR will provide services as detailed in the Scope of Work Exhibit A. 8. Modifications, Additions and Reductions in Service Level and Frequency: A. COUNTY reserves the right to add, modify, reduce or delete work from any contracts executed with the CONTRACTOR. B. Upon mutual agreement the service and frequency level for the facilities can be adjusted as needed. C. Any associated cost adjustment will be determined by the Facilities Manager or designee. D. Adjustments in the value of$5,000 or less will be documented in written form and do not require a formal amendment to this CONTRACT. E. Adjustments and/or the additional work in excess of a $5,001 value must be executed as a formal Amendment to this CONTRACT. 9. Cost Increases: Except as detailed in 8. Modifications, Additions and Reductions in Service Level and Frequency, no cost increases will be allowed during the first term of the CONTRACT. Costs may be negotiated annually if the COUNTY elects to renew the CONTRACT. 10. Inspections: Facilities Manager or his designee will conduct inspections of the janitorial services provided on a monthly to quarterly basis as warranted by CONTRACTOR 's performance. Sub-standard work or skipped or missed tasks will be addressed with the CONTRACTOR. Failure to remedy 2 the issues in an expedient manner will have consequence including withheld payments and/or CONTRACT termination for cause. 11. Deficiencies in Quality or Quantity of Work: A. CONTRACTOR shall satisfactorily complete all services as set forth in the contract. If the Contractor fails to execute the work in accordance with the CONTRACT, and/or a dispute arises as to the quality and/or quantity of the work completed, the COUNTY reserves the right to withhold payment based on the task cost per occurrence. B. Any deficiencies in the work shall be brought to the attention of the CONTRACTOR or his/her employees by the Facilities Manager or designee or other authorized COUNTY representative. To the extent possible, the CONTRACTOR or his/her employees shall correct deficiencies on the same day or the following workday. When noted deficiencies have been corrected to the satisfaction of the Facilities Manager or designee the completed work shall be considered acceptable unless the same or similar deficiencies occur on a continuous basis. 12. Safety Precautions: CONTRACTOR and his/her employees and other company representatives shall exercise all necessary precautions to protect pedestrian traffic and all public and private property from injury or damage caused by the CONTRACTOR's operations. Signs, tape and/or barricades shall be used as necessary to mark wet/waxed areas, or to indicate restrooms or other facilities are temporarily closed for janitorial service. Any practice deemed hazardous shall be immediately halted upon verbal or written notification. 13. Material Safety Data Sheets (MSDS): CONTRACTOR must provide and have readily available MSDS for all products used in the performance of the work. CONTRACTOR must ensure that the MSDS sheets and other information required to do the job is provided for employees in a language they understand. 14. Industry Standards: It shall be the responsibility of CONTRACTOR to ensure that his/her employees complete the services in a manner consistent with the best management practices of the service industry, and that they are properly trained in the safe use and application of all materials and equipment used at County facilities. CONTRACTOR is employees may be required to have additional training for site specific operations, including construction, hazards, preservation, safety, and/or security, that will be agreed upon by the Facilities Manager or designee and the CONTRACTOR at the time of CONTRACT award. 15. Lost or Mis-used Keys and Alarm Codes: CONTRACTOR must provide strict key control for any and all COUNTY issued keys and alarm codes. A lost key may result in the need to re-key all locks, doors and gates which the CONTRACTOR will be responsible for reimbursing the COUNTY up to a maximum cost of $100,000. It is recommended that CONTRACTOR include Lost Key insurance coverage. CONTRACTOR is responsible for ensuring that employees or other company representatives do not mis-use keys or alarm codes such as providing access to unauthorized individuals or accessing areas where janitorial services are not required. 16. Security: The work involved will often be in facilities with secured access, or areas closed to the public except during normal business hours. CONTRACTOR 's employees shall maintain the security of these areas by locking them immediately upon entering the facility and again when leaving the facility after completing the janitorial services. Prior to leaving the facility, CONTRACTOR 's 3 employees will make a final check of all windows, exterior doors, gates or other access points to the building or site to ensure they have been locked and that all lights, except night lights, have been turned off. 17. Alarms and Security Systems: For those facilities equipped with burglar or other surveillance equipment, the CONTRACTOR 's employees shall be responsible for disarming the alarm immediately upon entering the facility and "setting" the alarm when leaving the facility. COUNTY reserves the right to deduct $100.00 from payments to the CONTRACTOR for each security failure that constitutes a potential hazard to a COUNTY facility, or where a false alarm is caused as a result of CONTRACTOR 's employee not properly operating the building's security system. 18. Entry Prohibited: CONTRACTOR will be responsible for ensuring that employees and other representatives of the Company do not enter areas where "Do Not Enter" signs have been posted particularly in the County's courthouses. 19. Removal of Property: CONTRACTOR and his/her employees shall not remove or consume any property belonging to the COUNTY, County employees or other contractors working for COUNTY. This includes any articles that may be deposited for disposal in recycling or trash containers. CONTRACTOR and his/her employees shall not use any County property, including computers, fitness equipment, telephones, FAX or copy machines, ladders, lifts, tools or other equipment, without the approval of the Facilities Manager or designee or other authorized COUNTY representative 20 Supplies, Equipment and Tools: A. CONTRACTOR will provide; all cleaning supplies, tools, equipment, cleaning rags and other items not specifically provided by County. B. COUNTY will provide; paper products including towels, toilet seat covers, toilet paper, hand soap and other consumable products. 21. COUNTY Provided Supplies and Equipment: CONTRACTOR and his/her employees shall not abuse the use of any COUNTY supplied material or equipment. Doing so may be grounds for immediate removal of the particular employee or, in more severe cases, termination of the CONTRACT. 22. Reporting Repairs, Damage and Hazards: CONTRACTOR and his/her employees and other company representatives shall immediately report any observed needs for repairs, damage or potential hazards to the Facilities Manager or designee or other authorized COUNTY representative. Damage and potential hazards include, but are not limited to, broken fixtures or pipes, building or system damage or needed repairs, HVAC issues, leaks, smells or smoke. 23. Drug-Free, Smoke-Free Campus: Mason County is a drug-free, smoke-free campus. Contractor will ensure that employees comply with these requirements. 24. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. 4 General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Performance Period: The initial performance period will be January 1, 2020 to December 31, 2020 with up to three (3) additional years based on the CONTRACTOR's performance. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Compensation: CONTRACT total amount is not to exceed $134,000 unless modified as allowed in Special Conditions #8. Modifications, Additions and Reductions in Service Level and Frequency: Independent Contractor: A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made hereunder and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. C. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY 5 against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit B Compensation." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. B. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the 6 Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: A. COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. B. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7 C. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in "Exhibit C Insurance Requirements." Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. 8 Proof of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. B. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. D. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. 9 Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration of Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts COUNTY's Facilities Manager and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. The Administrative Officer for purposes of this CONTRACT is: Kelly Frazier Mason County Facilities Manager 411 North 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: KellyF@co.mason.wa.us CONTRACTOR's Primary Contact Information: Chris Cherrett, President CEO Coastal Custodial 8343 Hogum Bay Lane NE Suite C Lacey, WA 98516 360-943-6040 ext. 6 E-mail: ccherrett©coastalbsg.com Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in 10 completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. B. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available services funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B. CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. C. CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: A. Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, 11 any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit C Insurance Requirements D. Special Conditions 12 E. General Conditions F. Exhibits A and B Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year last written below. COASTAL CUSTODIAL BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Chris Cherret, e dent CEO K yin Shutty Chair Dated: ec�w,� \' �.D 19 Dated: ��C. I7, 2a (9 APPROVED AS TO FORM: Whitehea , A 13 Mason County Building Description Deep Clean Standard Services Monthly Year total Building#1 $ 700.00 $ 1,167.50 $ 14,010.00 Building#2 $ 150.00 $ 316.78 $ 3,801.12 Building#3 $ 420.00 $ 830.00 $ 9,960.00 Building#4 $ 220.00 $ 410.00 $ 4,920.00 Building#5 $ 100.00 $ 251.67 $ 3,020.00 Building#6 $ 200.00 $ 400.00 $ 4,800.00 Building#7 $ 275.00 $ 530.00 $ 6,360.00 Building#8 $ 400.00 $ 995.00 $ 11,940.00 Building#9 $ 250.00 $ 510.00 $ 6,120.00 Courthouse $ 1,000.00 $ 1,770.00 $ 21,240.00 Memorial Hall (Belfair) $ 200.00 $ 205.00 $ 2,460.00 Public Works (Belfair) $ 75.00 $ 40.00 $ 480.00 Public Works (Shelton) $ 1,000.00 $ 1,610.00 $ 19,320.00 Sheriff office (Belfair) $ 100.00 $ 135.00 $ 1,620.00 Sheriff office (Shelton) $ 500.00 $ 1,070.25 $ 12,843.00 Totals $ 5,590.00 onetime $ 10,241.20 month $ 122,894.12 year $ 122,894.12 $ 5,590.00 Contract Total including deep clean $ 128,484.12 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) `..----- 12/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda King Nicholson&Associates Ins LLC INC.N.Est): (360)352-8444 AX No):(360)943-9712 1802 Black Lake Blvd SW#301 ADDDDRESS: amandak@nichinsure.com Olympia,WA 98512 INSURER(S)AFFORDING COVERAGE NAIC e INSURER A: Regent Insurance Company INSURED INSURER B: Arrowhead General Insurance Coastal Business Services Group, Inc. INSURER C: General Casualty Ins Co 8343 Hogum Bay Lane NE INSURER D: Lacey,WA 98516 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000708-0 REVISION NUMBER: 14 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IN SO SUBR POUCY NUMBER POLICY EFF POUCY EXP UMITS LTR (MMIDDlYYYYI (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY Y BPK0001576 01/01/2019 01/01/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X OCCUR PREMISES Ea occurrence)DAMAGE 10Eur $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL SADVINJURY $ 1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY TEi-- I I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BCA0000897 01/01/2019 01/01/2020 (COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY Per_ ( person) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per acddent) $ HIRED NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ C X UMBRELLA LAB X OCCUR BUM0001078 01/01/2019 01/01/2020 EACH OCCURRENCE $ 4,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION BPK0001576 01/01/2019 01/01/2020 X STATUTE H AND EMPLOYERS'UABIUTY ER Y/N ANYIPROPRIETOR EXRTNER E ECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OER/MEMBE(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Dyes, IPTIOeunder E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Employee Dishonesty BPK0001576 01/01/2019 01/01/2020 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Certificate holder is additional insured with respect to work and services provided by named insured per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Mason County ACCORDANCE WITH THE POUCY PROVISIONS. 411 North 5th St. Shelton,WA 98584 AUTHORIZED REPRESENTATIVE (NAK) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by NAK on December 13,2019 at 08:22AM COMMERCIAL GENERAL LIABILITY AHCG86170917 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S ADDITIONAL INSUREDS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to (3) The ownership, maintenance, or use include as an insured any person or organization of any elevators covered by this (called additional insured) described in insurance. Paragraphs A.1. through A.8. below whom you b. A state or political subdivision is an are required to add as an additional insured on additional insured only with respect to this policy under a written contract or written operations performed by you or on your agreement; but the written contract or written behalf for which the state or political agreement must be currently in effect or subdivision has issued a permit. becoming effective during the term of this policy; executed prior to the "bodily injury," "property This insurance does not apply to "bodily damage" or "personal injury and advertising injury," property damage" or "personal and injury," but advertising injury" arising out of operations performed by or for you for the state or this paragraph does not apply to any additional political subdivision. insured more specifically identified elsewhere in the policy. 2. ADDITIONAL INSURED — CONTROLLING 1. ADDITIONAL INSURED—STATE OR INTEREST POLITICAL SUBDIVISIONS —PERMITS Any person or organizations with a controlling interest in you but only with respect to their A state or political subdivision subject to the liability arising out of: following provisions: a. A state or political subdivision is an a. Their financial control of you; or additional insured only with respect to the b. Premises they own, maintain or control following hazards for which the state or while you lease or occupy these political subdivision has issued a permit premises. in connection, with premises you own, This insurance does not apply to structural rent, or control to which this insurance alterations, new construction and demolition applies: operations performed by or for such (1) The existence, maintenance, repair, additional insured. construction, erection, or removal of 3. ADDITIONAL INSURED — MANAGERS OR advertising signs, awnings, canopies, LESSORS OF PREMISES cellar entrances, coal holes, drive- A manager or lessor of premises but only with ways, manholes, marquees, hoistaway respect to liability arising out of the openings, sidewalk vaults, street ownership, maintenance or use of that banners, or decorations and similar specific part of the premises leased to you exposures; or and subject to the following additional (2) The construction, erection, or exclusions: removal of elevators; or This insurance does not apply to: Includes copyrighted material of Insurance Services Office, Inc. AH CG 8617 09 17 with its permission. Page 1 of 3 a. Any "occurrence" which takes place after With respect to the insurance afforded these you can cease to be a tenant in that additional insureds, the following additional premises: or exclusions apply: b. Structural alterations, new construction or This insurance does not apply: demolition operations performed by or on a. To any "occurrence" which takes place behalf of such additional insured. after the equipment lease expires; or 4. ADDITIONAL INSURED — MORTGAGEE, b. To "bodily injury" or "property damage" ASSIGNEE OR RECEIVER arising out of the sole negligence of such A mortgagee. assignee or receiver but only additional insured. with respect to their liability as mortgagee, Any insurance provided to an additional insured assignee or receiver and arising out of the designated under Paragraphs A.1. through A.B. ownership, maintenance, or use of a above does not apply to "bodily injury" or premises by you. "property damage" included within the "products- This insurance does not apply to structural completed operations hazard." alterations, new construction or demolition 8. ADDITIONAL INSURED—VENDORS operations performed by or for such additional insured. Any "vendor", but only with respect to "bodily 5. ADDITIONAL INSURED — OWNERS OR, injury" or "property damage" arising out of OTHER INTERESTS FROM WHOM LAND "your products" which are distributed or sold HAS BEEN LEASED in the regular course of the vendor's business, subject to the following additional An owner or other interest from whom land exclusions: has been leased by you but only with respect a. The insurance afforded the vendor does to liability arising out of the ownership, not apply to: maintenance or use of that specific part of the land leased to you and subject to the (1) "Bodily injury" or "property damage" following additional exclusions. for which the vendor is obligated to pay damages by reason of the This insurance does not apply to: assumption of liability in a contract or a. Any "occurrence" which takes place after agreement. This exclusion does not you cease to lease that land; or apply to liability for damages that the b. Structural alterations, new construction or vendor would have in the absence of demolition operations performed by or on the contract or agreement; behalf of such additional insured. (2) Any express warranty unauthorized 6. ADDITIONAL INSURED — CO-OWNER OF by you; INSURED PREMISES (3) Any physical or chemical change in A co-owner of a premises co-owned by you the product made intentionally by the and covered under this insurance but only vendor; with respect to the co-owners liability as co- (4) Repackaging, except when unpacked owner of such premises. solely for the purpose of inspection, 7. ADDITIONAL INSURED — LESSOR OF demonstration, testing, or the LEASED •EQUIPMENT substitution of parts under instructions from the manufacturer, Any person or organization from whom you and then repackaged in the original lease equipment. Such person or container; organization are insured only with respect to their liability arising out of the maintenance, (5) Any failure to make such inspections, operation or use by you or equipment leased adjustments, tests or servicing as the to you by such person or organization. A vendor has agreed to make or person's or organization's status as an normally undertakes to make in the insured under this endorsement ends when usual course of business, in their contract or agreement with you for such connection with the distribution or leased equipment ends. sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 with its permission. AH CG 8617 09 17 (7) Products which, after distribution or b. This insurance does not apply to any sale by you, have been labeled or insured person or organization, from relabeled or used as a container, part whom-you have acquired such products, or ingredient of any other thing or or any ingredient, part or container, substance by or for the vendor, or entering into, accompanying or containing (8) "Bodily injury" or "property damage" such products. arising out of the sole negligence of B. As respects the coverage provided under this the vendor for its own acts or endorsement, Paragraph. 4.b.(3.) SECTION IV — omissions or those of its employees COMMERCIAL GENERAL LIABILITY or anyone else acting on Its behalf. CONDITIONS is added: However, this exclusion does not apply to: 4.b.(3.) This insurance is excess over any other (a) The exceptions contained in Sub- insurance covering the additional insured as an insured whether primary, paragraphs d. or f.; or excess, contingent or on any other (b) Such inspections, adjustments, basis, unless a written contract or tests or servicing as the vendor written agreement specifically requires has agreed to make or normally that this insurance be either primary or undertakes to make in the usual primary and noncontributing. course of business, in connection with the distribution or sale of the products. Includes copyrighted material of Insurance Services Office, Inc. AH CG 8617 09 17 with its permission. Page 3 of 3 EXHIBIT A SCOPE OF SERVICES 1. CONTRACTOR will schedule a facility orientation meeting with the Facilities Manager or designee on or before December 30, 2019. 2. CONTRACTOR will provide services as noted on the attached "Building Cleaning Frequency" detail. Closets, storage rooms, mechanical rooms, IT rooms and electrical rooms are not included in the services and will not be cleaned. 3. CONTRACTOR will collect and remove trash from each centralized receptacle from each building or floor for multi-storied buildings Monday-Friday with the exception of the following facilities: Public Works/Shelton, Sheriff's North Precinct and Public Works/Belfair. 4. Tasks associated with cleaning "Entire Building" include: A. Empty marked "recycle" boxes/cans in offices or centralized receptacle (where it applies) and deliver to recycle area. B. Vacuum floors. C. Vacuum carpets and mats. D. Wipe down light switches, outlets, soap dispensers, paper towel dispensers etc. E. Sweep and mop hard surfaced floors following manufacture's guidelines. F. Clean and sanitize inside and outside of all toilet bowls and urinals. G. Clean and sanitize restroom stall doors. H. Clean and sanitize kitchen and vanity countertops, conference tables, etc. Note- COUNTY is responsible for removing items from tops for cleaning. I. Re-fill paper products in all dispensers such as toilet paper, paper towels, seat covers, soaps, etc. with supplies furnished by COUNTY. J. Clean conference tables, window ledges and, handrails and vacuum out all window tracks. Note-individual work desks will not be cleaned or dusted. K. Clean door glass on interior and exterior of all entry doors. L. Clean visible cobwebs on ceiling or walls. M. Clean and sweep all the entry porches and entries. N. Clean and polish water faucets and fountains. O. Damp-wipe exterior of refrigerator, cabinets, tables and other furnishings in kitchens/break rooms and straighten chairs in conference, meeting and break rooms. P. Vacuum and/or sweep all exterior entry ways; hand handrails, baseboards and elevator control panels. Q. In addition to the tasks detailed above, the following tasks will be completed on a monthly basis: remove all cobwebs from ceilings, light fixtures, walls etc; wipe down all baseboards throughout each building; and spot clean walls and doors. 5. Tasks associated with cleaning "Bathroom Only" include: A. Empty all garbage cans/receptacles including sanitary napkin disposal receptacles. B. Re-fill all paper products in all dispensers. C. Wipe down all mirrors, art or pictures on walls, light switches, doors, door knobs, door frames, soap dispensers, paper towel dispensers, counter tops, sinks etc. D. Polish all chrome and stainless steel areas such as door kick plates, faucets, etc. E. Clean the inside of all toilets and urinals using a toilet brush and Lysol or similar product. F. Clean and sanitize all restrooms stall doors. G. Clean and disinfecting toilets, including both sides of seats and urinals. H. Clean and disinfecting flushometers, piping and base I. Ensure seat covers, toilet paper and paper towels are adequately stocked. J. Vacuum and/or sweep bathroom floors. K. Mop bathroom floors. 6. Cleaning frequency and or services may be adjusted as mutually agreed upon by CONTRACTOR and COUNTY. Attach to Scope of Work — Exhibit A MASON COUNTY FACILITIES/COASTAL CUSTODIAL BUILDING CLEANING FREQUENCY SCHEDULE 2020 X Clean entire building, including restrooms; RRT Restrooms & Trash only Location Monday Tuesday Wednesday Thursday Friday Total number of days per week Building 1 X X RRT X RRT 5 411 N. 5th Street Building 2 X X 2 410 N. 4th Street Building 426 W. 3 Cedar Street X RRT X 3 Building 303 N. 4 4th Street X X 2 X 1 Building 5 521 W. Alder Street Building 6 X X 2 414 N. 5th Street X X 2 Building 7 521 N. 4th Street Building 8 X X RRT 3 615 W. Alder Street Building 9 RRT X RRT 3 423 N. 5th Street Sheriffs Office X X RRT 3 322 N. 3rd Street Court House X X RRT X RRT 5 419 N. 4th Street Public Building Works 1 and 2 RRT X X 3 100 W. Public Works Dr. Memorial Hall X 1 210 W. Franklin Street BELFAIR Sheriff's N. Precinct X 1 NE 23293 State Rt 3, Belfair Public 600 Works Beck Rd Belfair WA X 1 EXHIBIT B COMPENSATION A. Compensation: CONTRACTOR will be compensated for the services as detailed in Exhibit A Scope of Services for an annual total not-to-exceed $134,000. B. Requests for Payment: 1. CONTRACTOR can submit invoices for payment on a monthly or quarterly basis. 2. At a minimum the invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; cleaning service charges for the performance period; invoice total; and any additional applicable information. 3. Submit via e-mail or hard copy as preferred to: Kelly Frazier Mason County Facilities Manager 411 North 5th Street Shelton, WA 98584 Phone: 360-427-9670 Ext. 519 E-mail: kellyf(a�co.mason.wa.us 4. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice EXHIBIT C INSURANCE REQUIREMENTS A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 4. Employee Dishonesty coverage endorsed for third party fidelity coverage for COUNTY or endorsed to cover County Property with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. 5. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be "pay on behalf", with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to COUNTY for injury to employees of CONTRACTOR, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of COUNTY following receipt of proof of insurance as required herein. B. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY prior to CONTRACT start date. C. Basic Stipulations: 1. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. 2. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. 5. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. 7. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self- insured retention, the self-insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. 8. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. 9. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. 11. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. 14. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty (30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. 15. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve COUNTY. D. Bonding Requirements: CONTRACTOR will provide COUNTY with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. Said bond or letter of credit will be provided to COUNTY prior to CONTRACT start date.