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Doc 298 - Cascade Complete Cleaning - SO
Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of November 24,2014 DATE: November 18,2014 FROM: Julie Lovrien Department: Sheriffs Office Phone: (541) 550-4857 TITLE OF AGENDA ITEM: Consideration of Approval of Deschutes County Services Contract 2014-298. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Cascade Complete Cleaning Services provides custodial services for the Deschutes County Sheriffs Office in Bend, Sisters, and Terrebonne, for the Sheriffs Office Search and Rescue offices, the Sheriffs Office Automotive offices and for portions of the Adult Jail. The company has been cleaning the Sheriffs Office since 2005, and was awarded a new 3-year contract after a competitive bid process in September of2013. The BOCC signed an intent to award letter (2014-297) in June of2013. Although Cascade Complete Cleaning Services has continued servicing the buildings, a signed contract has not been in place due to a delay in the new Criminal Justice Information Systems (CJIS) background checks that are required by the FBI. Now that the new CJIS certifications have been met, the contract has been signed by the contractor and Sheriffs Office. FISCAL IMPLICATIONS: Compensation for the first 12 months of the contract is $91,234.87, or $7,602.91 monthly. The Sheriffs Office will consider performance-based increases on a yearly basis. The Sheriffs Office intends to back-pay Cascade Complete Cleaning Services $4,183.40 for the services performed July 1014 through November 2014, as they have been charging fees based on the previous contract until 2014-298 is signed. RECOMMENDATION & ACTION REQUESTED: Move Approval of Deschutes County Document No. 2014-298, Services Contract with Cascade Complete Cleaning. ATTENDANCE: Darryl Nakahira or Captain Scott Beard, if requested. DISTRIBUTION OF DOCUMENTS: Please sign two copies of2014-298. Please call Julie Lovrien, Sheriffs Office Administrative Assistant, x 4857, when the contracts are signed. DESCHUTES COUNTY DOCUMENT SUMMARY Date: November 13,2014 Department: Sheriff's Office Contractor/Supplier/Consultant Name: Cascade Complete Cleaning Contractor Contact: Gary Curry Phone: 541-617-1645 Type of Document: Document 2014-298 is a Services Agreement Goods and/or Services: This Services Agreement is between Deschutes County, by and through its Sheriffs Office, and Cascade Complete Cleaning for the performance of janitorial services for the Sheriff's Office. Cascade Complete Cleaning Services provides custodial services for the Deschutes County Sheriffs Office in Bend, Sisters, and Terrebonne, for the Sheriff's Office Search and Rescue offices, the Sheriff's Office Automotive offices and for portions of the Adult Jail. Background & History: In September 2013, the Deschutes County Sheriff's Office published a Request for Proposal (RFP) on its web site and in the Bulletin. The RFP was asking for proposals from interested businesses to provide janitorial services at the Deschutes County Sheriffs Office. Based on the results of the RFP process and the reference checks, the Sheriff's Office requested that the Board of Commissioners issue a Notice of Intent letter advising the three companies that the winning bidder was Cascade Complete Cleaning. The Notice of Intent letter was sent via U.S. mail and email to the three companies involved in the RFP process. The contract remained unsigned July 1,2014 through November 13,2014 because the janitorial staff had new background checks completed in accordance with new Criminal Justice Information Systems (ClIS) requirements assigned by the FBI. Clearance for these background checks took longer than anticipated, but Cascade Complete Cleaning completed work during this period of time. The Sheriff's Office intends to "back pay" the monetary difference between the old contract and this proposed contract for work performed July 1, 2014 through December 1, 2014. Agreement Starting Date: July 1,2014 Ending Date: June 30, 2017 Annual Value or Total Payment: Compensation for the first 12 months of the contract is $91,234.87. The Sheriff's Office will consider performance based on a yearly basis. Check all that apply: ~ RFP, Solicitation or Bid Process o Informal quotes «$150K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) 11/13/2014 Funding Source: (Included in current budget?) [8J Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? DYes [8J No a eopy is ready for piek up. Departmental Contact and Title: Darryl Nakahira, Sheriff's Office Legal Counsel hone: 541-617-3369 Sheriffs Approval: -+-~:..j---IH-..,.q.---.~--11 18/2014 Date llistribution of Document: Call or email Julie Lovricn, Administrative Assistant, x4857, when Official Review: County Signature Required (check one): [8J BOCC 0 Department Director (if <$25K) o Administrator (if>$25K but <$150K; if>$150K, BOCC Order No. ____-' Legal Review ~AMJ... ~Date ul 1'3/ L Y--6 Document Number 2014-298 11/1312014 REVIEWED If l3/(1 ~2WLv L~ LEGAL COUNSEL For Recording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. 2014-298 This Contract is between DESCHUTES COUNTY, a political subdivision, acting by and through the Sheriffs Office (County), and CASCADE COMPLETE CLEANING SERVICES (Contractor). The parties agree as follows Effective Date and Termination Date. The effective date of this Contract shall be July 1, 2014. Unless extended or terminated earlier in accordance with its terms, this Contract shall terminate when County accepts Contractor's completed performance or June 30, 2017, whichever date occurs last. Contract termination shall not extinguish or prejudice County's right to enforce this Contract with respect to any default by Contractor that has not been cured . Statement of Work. Contractor shall perform the work described in Exhibits 1, A and B . Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1. Contract Documents. This Contract includes Page 1-8 and Exhibits 1, A, B, 2, 3, and 4 . CONTRACTOR DATA AND SIGNATURE Contractor Address: 19196 Shoshone Rd, Bend , OR 97702-7926 Federal Tax 10# or Social Security # XXX-XX-0761 Is Contractor a nonresident alien? DYes k8J No Business Designation (check one): k8J Sole Proprietorship D Partnership D Corporation-for profit D Corporation-non-profit o Other, describe A Federal tax 10 number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state , federal and local tax laws. Payment information shall be reported to the Internal Revenue Service under the name and Federal tax 10 number or , if none, the Social Security number provided above. I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its ter~/ E: contjractor shall also sign Exhibits 3 and 4.ms. NOT _____t~~ ~~)W(~_______________O U~~r Signature ~C TItle I I (rIK{(/. "f Cr If I----'I........---L-L _-+-1 _I-I -+-______ Name (ple~se print) ( Dater ' DESCHUTES COUNTY SIGNATURE Contracts with a maximum consideration of not greater than $25,000 are not valid and not binding on the County until signed by the appropriate Deschutes County Department Head. Additionally, Contracts with a maximum consideration greater than $25,000 but less than $150,000 are not valid and not binding on the County until signed by the County Administrator or the Board of County Commissioners . _....:N....:0:...cv:....:e:..:;m=b:....:e:..:;r~__, 2014 Dated this ___ of ________, 2014 11Board of County Commissioners: Tammy Baney, Chair Anthony DeBone , Vice Chair Attest: Alan Unger, Commissioner Recording Secretary Page I of 14 -Personal Services Contract No . 2014-298 DC 20 4 2 8 STANDARD TERMS AND CONDITIONS 1. Time is of the Essence. Contractor agrees that time is of the essence in the performance of this Contract. 2. Compensation. Payment for all work performed under this Contract shall be made in the amounts and manner set forth in Exhibit 1. a. Payments shall be made to Contractor following County's review and approval of billings and deliverables submitted by Contractor. b. All Contractor billings are subject to the maximum compensation amount of this contract. c. Contractor shall not submit billings for, and County shall not pay, any amount in excess of the maximum compensation amount of this Contract. 1) If the maximum compensation amount is increased by amendment to this Contract, the amendment shall be signed by both parties and fully executed before Contractor performs work subject to the amendment. 2) No payment shall be made for any services performed before the beginning date or after the expiration date of this contract. d. This Contract shall not be amended after the expiration date. e. Contractor shall submit invoices for work performed. The invoices shall describe all work performed with particularity and by whom it was performed and shall itemize and explain all expenses for which reimbursement is claimed. f. The invoices also shall include the total amount invoiced to date by Contractor prior to the current invoice. g. Prior to approval or payment of any billing, County may require and Contractor shall provide any information which County deems necessary to verify work has been properly performed in accordance with the Contract. 3. Delegation, Subcontracts and Assignment. Contractor shall not delegate or subcontract any of the work required by this Contract or assign or transfer any of its interest in this Contract, without the prior written consent of County. a. Any delegation, subcontract, assignment, or transfer without prior written consent of County shall constitute a material breach of this contract. b. Any such assignment or transfer, if approved, is subject to such conditions and provisions as the County may deem necessary. c. No approval by the County of any assignment or transfer of interest shall be deemed to create any obligation of the County to increase rates of payment or maximum Contract consideration. d. Prior written approval shall not be required for the purchase by the Contractor of articles, supplies and services which are incidental to the provision of services under this Contract that are necessary for the performance of the work. e. Any subcontracts that the County may authorize shall contain all requirements of this contract, and unless otherwise specified by the County the Contractor shall be responsible for the performance of the subcontractor. 4. No Third Party Beneficiaries. a. County and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. b. Nothing in this Contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name in this Contract and expressly described as intended beneficiaries of this Contract. 5. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the parties and their successors and approved assigns, if any. 6. Early Termination. This Contract may be terminated as follows: a. Mutual Consent. County and Contractor, by mutual written agreement, may terminate this Contract at any time. b. Party's Convenience. County or Contractor may terminate this Contract for any reason upon 30 calendar days written notice to the other party. Page 2 of 14 -Personal Services Contract No. 2014·298 c. For Cause. County may also terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County, under any of the following conditions: 1) If funding from state or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services as required in this Contract. 2) This Contract may be modified to accommodate the change in available funds. 3) If state laws, regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract. 4) In the event sufficient funds shall not be appropriated for the payment of consideration required to be paid under this Contract, and if County has no funds legally available for consideration from other sources. 5) If any license or certificate required by law or regulation to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, suspended, not renewed or changed in such a way that the Contractor no longer meets requirements for such license or certificate. d. Contractor Default or Breach. The County, by written notice to the Contractor, may immediately terminate the whole or any part of this Contract under any of the following conditions: 1) If the Contractor fails to provide services called for by this Contract within the time specified or any extension thereof. 2) If the Contractor fails to perform any of the other requirements of this Contract or so fails to pursue the work so as to endanger performance of this Contract in accordance with its terms, and after receipt of written notice from the County specifying such failure, the Contractor fails to correct such failure within 10 calendar days or such other period as the County may authorize. 3) Contractor institutes or has instituted against it insolvency, receivership or bankruptcy proceedings, makes an assignment for the benefit of creditors, or ceases doing business on a regular basis. e. County Default or Breach. 1) Contractor may terminate this Contract in the event of a breach of this Contract by the County. Prior to such termination, the Contractor shall give to the County written notice of the breach and intent to terminate. 2) If the County has not entirely cured the breach within 10 calendar days of the date of the notice, then the Contractor may terminate this Contract at any time thereafter by giving notice of termination. 7. Payment on Early Termination. Upon termination pursuant to paragraph 6, payment shall be made as follows: I a. If terminated under subparagraphs 6 a. through c. of this Contract, the County shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the I Contract. Provided however, County shall not pay Contractor for any obligations or liabilities incurred by Contractor after Contractor receives written notice of termination. b. If this Contract is terminated under subparagraph 6 d. of this Contract, County obligations shall be limited to payment for services provided in accordance with this Contract prior to the date of termination, less any damages suffered by the County. c. If terminated under subparagraph 6 e of this Contract by the Contractor due to a breach by the County, then the County shall pay the Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract: 1) with respect to services compensable on an hourly basis, for unpaid invoices, hours worked within any limits set forth in this Contract but not yet billed, authorized expenses incurred if payable according to this Contract and interest within the limits set forth under ORS 293.462, and 2) with respect to deliverable·based Work, the sum designated for completing the deliverable multiplied by the percentage of Work completed and accepted by County, less previous amounts paid and any claim(s) that County has against Contractor. 3) Subject to the limitations under paragraph 8 of this Contract. 8. Remedies. In the event of breach of this Contract the parties shall have the following remedies: I a. Termination under subparagraphs 6 a. through c. of this Contract shall be without prejudice to any obligations or liabilities of either party already reasonably incurred prior to such termination. 1) Contractor may not incur obligations or liabilities after Contractor receives written notice of termination. Page 3 of 14 -Personal Services Contract No. 2014-298 2) Additionally, neither party shall be liable for any indirect, incidental, consequential or special damages under this Contract or for any damages of any sort arising solely from the termination of this Contract in accordance with its terms. b. If terminated under subparagraph 6 d. of this Contract by the County due to a breach by the Contractor, County may pursue any remedies available at law or in equity. 1) Such remedies may include, but are not limited to, termination of this contract, return of all or a portion of this Contract amount, payment of interest earned on this Contract amount, and declaration of ineligibility for the receipt of future contract awards. 2) Additionally, County may complete the work either by itself, by agreement with another Contractor, or by a combination thereof. If the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this Contract, then the Contractor shall be liable to the County for the amount of the reasonable excess. c. If amounts previously paid to Contractor exceed the amount due to Contractor under this Contract, Contractor shall repay any excess to County upon demand. d. Neither County nor Contractor shall be held responsible for delay or default caused by fire, civil unrest, labor unrest, riot, acts of God, or war where such cause was beyond reasonable control of County or Contractor, respectively; however, Contractor shall make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Contract. For any delay in performance as a result of the events described in this subparagraph, Contractor shall be entitled to additional reasonable time for performance that shall be set forth in an amendment to this Contract. e. The passage of this Contract expiration date shall not extinguish or prejudice the County's or Contractor's right to enforce this Contract with respect to any default or defect in performance that has not been cured. 1. County's remedies are cumulative to the extent the remedies are not inconSistent, and County may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 9. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract unless County expressly directs otherwise in such notice of termination. a. Upon termination of this Contract, Contractor shall deliver to County all documents, information, works in-progress and other property that are or would be deliverables had this Contract been completed. b. Upon County's request, Contractor shall surrender to anyone County designates, all documents, research, objects or other tangible things needed to complete the work. 10. Work Standard. a. Contractor shall be solely responsible for and shall have control over the means, methods, techniques, sequences and procedures of performing the work, subject to the plans and speCifications under this Contract and shall be solely responsible for the errors and omissions of its employees, subcontractors and agents. b. For goods and services to be provided under this contract, Contractor agrees to: 1) perform the work in a good, workmanlike, and timely manner using the schedule, materials, plans and speCifications approved by County; 2) comply with all applicable legal requirements; 3) comply with all programs, directives, and instructions of County relating to safety, storage of equipment or materials; 4) take all precautions necessary to protect the safety of all persons at or near County or Contractor's facilities, including employees of Contractor, County and any other contractors or subcontractors and to protect the work and all other property against damage. 11. Drugs and Alcohol. Contractor shall adhere to and enforce a zero tolerance policy for the use of alcohol and the unlawful selling, possession or use of controlled substances while performing work under this Contract. 12. Insurance. Contractor shall provide insurance in accordance with Exhibit 2 attached hereto and incorporated by reference herein. 13. Expense Reimbursement. If the consideration under this Contract provides for the reimbursement of Contractor for expenses, Exhibit 1 shall state that Contractor is or is not entitled to reimbursement for such Page 4 of 14· Personal Services Contract No. 2014-298 expenses. a. County shall only reimburse Contractor for expenses reasonably and necessarily incurred in the performance of this contract. b. Expenses reimbursed shall be at the actual cost incurred; including any taxes paid, and shall not include any mark-up unless the mark-up on expenses is specifically agreed to in this Contract. c. The cost of any subcontracted work approved in this Contract shall not be marked up. d. Contractor shall not bill County for any time expended to complete the documents necessary for reimbursement of expenses or for payment under this contract. 14. Criminal Background Investigations. Contractor understands that Contractor and Contractor's employees and agents are subject to periodic criminal background investigations by County and, if such investigations disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract and County may terminate this Contract effective upon delivery of written notice to the Contractor, or at such later date as may be established by the County. 15. Confidentiality. Contractor shall maintain confidentiality of information obtained pursuant to this Contract as follows: I a. Contractor shall not use, release or disclose any information concerning any employee, client, applicant or person doing business with the County for any purpose not directly connected with the administration of County's or the Contractor's responsibilities under this Contract except upon written consent of the County, and if applicable, the employee, client, applicant or person. I b. The Contractor shall ensure that its agents, employees, officers and subcontractors with access to County and Contractor records understand and comply with this confidentiality provision. t c. Contractor shall treat all information as to personal facts and circumstances obtained on Medicaid) eligible individuals as privileged communication, shall hold such information confidential, and shall not disclose such information without the written consent of the individual, his or her attorney, the responsible parent of a minor child, or the child's guardian, except as required by other terms of this Contract. d. Nothing prohibits the disclosure of information in summaries, statistical information, or other form that does not identify particular individuals. e. Personally identifiable health information about applicants and Medicaid recipients will be subject to the transaction, security and privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). f. Contractor shall cooperate with County in the adoption of policies and procedures for maintaining the privacy and security of records and for conducting transactions pursuant to HIPAA requirements. g. This Contract may be amended in writing in the future to incorporate additional requirements related to compliance with HIPAA. h. If Contractor receives or transmits protected health information, Contractor shall enter into a Business Associate Agreement with County, which, if attached hereto, shall become a part of this Contract. 16. Reports. Contractor shall provide County with periodic reports at the frequency and with the information prescribed by County. Further, at any time, County has the right to demand adequate assurances that the services provided by Contractor shall be in accordance with the Contract. Such assurances provided by Contractor shall be supported by documentation in Contractor's possession from third parties. 17. Access to Records. Contractor shall maintain fiscal records and all other records pertinent to this Contract. a. All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. 1) All records shall be retained and kept accessible for at least three years following the final payment made under this Contract or all pending matters are closed, whichever is later. 2) If an audit, litigation or other action involving this Contract is started before the end of the three year period, the records shall be retained until all issues arising out of the action are resolved or until the end of the three year period, whichever is later. b. County and its authorized representatives shall have the right to direct access to all of Contractor's books, documents, papers and records related to this Contract for the purpose of conducting audits and examinations and making copies, excerpts and transcripts. 1) These records also include licensed software and any records in electronic form, including but not limited to computer hard drives, tape backups and other such storage devices. County shall reimburse Contractor for Contractor's cost of preparing copies. Page 5 of 14 -Personal Services Contract No. 2014-298 2) At Contractor's expense, the County, the Secretary of State's Office of the State of Oregon, the Federal Government, and their duly authorized representatives, shall have license to enter upon Contractor's premises to access and inspect the books, documents, papers, computer software, electronic files and any other records of the Contractor which are directly pertinent to this Contract. 3) If Contractor's dwelling is Contractor's place of business, Contractor may, at Contractor's expense, make the above records available at a location acceptable to the County. 18. Ownership of Work. All work of Contractor that results from this Contract (the "Work Product") is the exclusive property of County. a. County and Contractor intend that such Work Product be deemed "work made for hire" of which County shall be deemed author. b. If, for any reason, the Work Product is not deemed "work made for hire," Contractor hereby irrevocably assigns to County all of its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. c. Contractor shall execute such further documents and instruments as County may reasonably request in order to fully vest such rights in County. d. Contractor forever waives any and all rights relating to Work Product, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. e. County shall have no rights in any pre-existing work product of Contractor provided to County by Contractor in the performance of this Contract except an irrevocable, non-exclusive, perpetual, royalty free license to copy, use and re-use any such work product for County use only. f. If this Contract is terminated prior to completion, and County is not in default, County, in addition to any other rights provided by this Contract, may require Contractor to transfer and deliver all partially completed work products, reports or documentation that Contractor has specifically developed or specifically acquired for the performance of this Contract. g. In the event that Work Product is deemed Contractor's Intellectual Property and not "work made for hire," Contractor hereby grants to County an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property, and to authorize others to do the same on County's behalf. h. In the event that Work Product is Third Party Intellectual Property, Contractor shall secure on the County's behalf and in the name of the County, an irrevocable, non-exclusive, perpetual, royalty-free license to use, reproduce, prepare derivative works based upon, distribute copies of, perform and display the Third Party Intellectual Property, and to authorize others to do the same on County's behalf. 19. County Code ProviSions. Except as otherwise specifically provided, the provisions of Deschutes County Code, Section 2.37.150 are incorporated herein by reference. Such code section may be found at the following URL address: www.deschutes.org/county-code4.aspx. 20. Partnership. County is not, by virtue of this contract, a partner or joint venturer with Contractor in connection with activities carried out under this contract, and shall have no obligation with respect to Contractor's debts or any other liabilities of each and every nature. 21. Indemnity and Hold Harmless. a. To the fullest extent authorized by law Contractor shall defend, save, hold harmless and indemnify the County and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of Contractor or its officers, employees, contractors, or agents under this Contract, including without limitation any claims that the work, the work product or any other tangible or intangible items delivered to County by Contractor that may be the subject of protection under any state or federal intellectual property law or doctrine, or the County's use thereof, infringes any patent, copyright, trade secret, trademark, trade dress, mask work utility design or other proprietary right of any third party. b. Contractor shall have control of the defense and settlement of any claim that is subject to subparagraph a of this paragraph; however neither contractor nor any attorney engaged by Contractor shall defend the claim in the name of Deschutes County or any department or agency thereof, nor purport to act as legal representative of the County or any of its departments or agencies without first receiving from the County's legal counsel, in a form and manner determined appropriate by the County's legal counsel, Page 6 of 14 -Personal Services Contract No. 2014-298 authority to act as legal counsel for the County, nor shall Contractor settle any claim on behalf of the Count without the approval of the County's legal counsel. c. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and the Oregon Tort Claims Act, ORS 30.260 through 30.300, County shall defend, save, hold harmless and indemnify Contractor and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or arising out of, or relating to the activities of County or its officers, employees, contractors, or agents under this Contract. 22. Waiver. a. County's delay in exercising, or failure to exercise any right, power, or privilege under this Contract shall not operate as a waiver thereof, nor shall any single or partial exercise or any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. b. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. 23. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. a. Any claim, action, suit or proceeding (collectively, "Claim") between County and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. b. CONTRACTOR, BY EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. The parties agree that the UN Convention on International Sales of Goods shall not apply. 24. Arbitration Required and Attorneys' Fees. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation, breach, or default thereof, or to the existence, scope or validity of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then arbitration rules of and by filing a claim with Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or that arise out of or relate to this agreement, the prevailing party shall be entitled to reasonable attorney's fees in connection therewith. The determination of who is the prevailing party and the amount of the reasonable attorney's fees to be paid to the prevailing party shall be decided by the arbitrator(s), with respect to attorney's fees incurred prior to and during the arbitration proceedings, and by the court or courts, including any appellate court, in which such matter is tried, heard, or decided, including a court that hears a request to compel or stay litigation or that hears any exceptions or objections to, or requests to modify, correct, or vacate, an arbitration award submitted to it for confirmation as a judgment. 25. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Contract did not contain the particular term or provision held invalid. 26. Counterparts. This Contract may be executed in several counterparts, all of which when taken together shall constitute one agreement binding on all parties, notwithstanding that all parties are not Signatories to the same counterpart. Each copy of this Contract so executed shall constitute on original. 27. Notice. Except as otherwise expressly provided in this Contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing, to Contractor or County at the address or number set forth below or to such other addresses or numbers as either party may hereafter indicate in writing. Delivery may be by personal delivery, facsimile, or mailing the same, postage prepaid. a. Any communication or notice by personal delivery shall be deemed delivered when actually given to the deSignated person or representative. b. Any communication or notice sent by facsimile shall be deemed delivered when the transmitting machine generates receipt of the transmission. To be effective against County, such facsimile transmission shall be confirmed by telephone notice to the County Administrator. Page 7 of 14 -Personal Services Contract No. 2014-298 c. Any communication or notice mailed shall be deemed delivered five (5) days after mailing. Any notice under this Contract shall be mailed by first class postage or delivered as follows: To Contractor: To County: Gary Curry Captain Scott Beard Cascade Complete Cleaning Services Deschutes County Sheriffs Office 19196 Shoshone Road 63333 W Hwy 20 Bend, OR 97702-7926 Bend, OR 97701 Fax No. 541-389-4454 To County (Legal): To County (Accounts Payable): Darryl Nakahira Deschutes County Sheriffs Office Deschutes County Sheriffs Office Accounts Payable 63333 W Hwy 20 63333 W Hwy 20 Bend, OR 97701 Bend, OR 97701 Fax No. 541-389-4454 Fax No. 541-389-4454 28. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the parties. a. All understandings and agreements between the parties and representations by either party concerning this Contract are contained in this Contract. b. No waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing signed by both parties. c. Any written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. 29. Identity Theft Protection. Contractor and subcontractors shall comply with the Oregon Consumer Identity Theft Protection Act (ORS 646A.600 et seq.). 30. Survival. All rights and obligations shall cease upon termination or expiration of this Contract, except for the rights and obligations set forth in Sections 4, 5, 8, 9, 15, 17, 18, 20-29 and 31. 31. Representations and Warranties. a. Contractor's Representations and Warranties. Contractor represents and warrants to County that: 1) Contractor has the power and authority to enter into and perform this Contract; 2) This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; 3) Contractor has the skill and knowledge possessed by well-informed members of its industry, trade or profession and Contractor will apply that skill and knowledge with care and diligence to perform the Work in a professional manner and in accordance with standards prevalent in Contractor's industry, trade or profession; 4) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work; 5) Contractor prepared its proposal related to this Contract, if any, independently from all other proposers, and without collusion, fraud, or other dishonesty; and 6) Contractor's making and performance of this Contract do not and will not violate any provision of any applicable law, rule or regulation or order of any court, regulatory commission, board or other administrative agency. b. Warranties Cumulative. The warranties set forth in this paragraph are in addition to, and not in lieu of, any other warranties provided Page 8 of 14 -Personal Services Contract No. 2014-298 EXHIBIT 1 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2014-298 STATEMENT OF WORK, COMPENSATION PAYMENT TERMS and SCHEDULE 1. Contractor shall perform the following work: Exhibit 1 includes the attached exhibits: Exhibit A: Request for Proposal (5 pages) Exhibit B: Cascade Complete Cleaning Services Bid (34 pages) 2. Compensation. a. Compensation for the first 12 months of the contract is $91,234.87. The Sheriffs Office will consider performance based increases on a yearly basis. b. Compensation for special events will be a daily, half day, or hourly rate, depending on the event c. Contractor shall not submit invoices for, and County shall not pay for any amount in excess of the maximum compensation amount set forth above. 1) If this maximum compensation amount is increased by amendment of this contract, the amendment shall be fully effective before contractor performs work subject to the amendment. 2) Contractor shall notify County in writing of the impending expiration of this Contract thirty (30) calendar days prior to the expiration date. 3. Schedule of Performance or Delivery. a. County's obligation to pay depends upon Contractor's delivery or performance in accordance with the following schedule: Page 9 of 14 -Personal Services Contract No. 2014-298 EXHIBIT 2 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2014·298 INSURANCE REQUIREMENTS Contractor shall at all times maintain in force at Contractor's expense, each insurance noted below. Insurance coverage must apply on a primary or non-contributory basis. All insurance policies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a "claims made" basis must be approved and authorized by Deschutes County. Contractor Name __=C..=a=sc=a:::.,;d::;.;e::;....;;::;C-",o..;;.,;;m..:..&p"",l,;:;,et"""e;..,C;::;.;.,;:le"",a""n""in.:,.;g;o...,;:;.S,;:;,e;....;rv;.;,ic=e:::..;s"--__ Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors to provide workers' compensation coverage for all subject workers, or provide certification of exempt status, Worker's Compensation Insurance to cover claims made under Worker's Compensation, disability benefit or any other employee benefit laws, including statutory limits in any state of operation with Coverage B Employer's Liability coverage all at the statutory limits. . In the absence of statutory limits the limits of said Employers liability coverage shall be not less than $1,000,000 each accident, disease and each employee, This insurance must be endorsed with a waiver of subrogation endorsement, waiving the insured's right of subrogation against County. Professional Liability insurance with an occurrence combined Single limit of not less than: Per Occurrence limit Annual Aggregate limit D $1,000,000 D $2,000,000 D $3,000,000 Professional Liability insurance covers D $2,000,000 D $3,000,000 D $5,000,000 damages caused by error, omiSSion, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as "tail coverage" for claims made within two years after the contract work is completed. D Required by County It( Not required by County (one box must be checked) Commercial General Liability insurance with a combined single limit of not less than: Per Single Claimant and Incident All Claimants AriSing from Single Incident o $1,000,000 0 $2,000,000 D $2,000,000 D $3,000,000 D $3,000,000 D $5,000,000 Commercial General Liability insurance includes coverage for personal injury, bodily injury. advertising injury, property damage, premises, operations. products, completed operations and contractual liability. The insurance coverages provided for herein must be endorsed as primary and non-contributory to any insurance of County. its officers, employees or agents. Each such policy obtained by Contractor shall provide that the insurer shall defend any suit against the named insured and the additional insureds, their officers. agents, or employees, even if such suit is frivolous or fraudulent. Such insurance shall provide County with the right, but not the obligation, to engage its own attorney for the purpose of defending any legal action against County. its officers, agents, or employees, and that Contractor shall indemnify County for costs and expenses, including reasonable attorneys' fees, incurred or arising out of the defense of such action. The policy shall be endorsed to name Deschutes County, its officers, agents, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the County are maintained. Construction contracts may include aggregate limits that apply on a "per location" or "per project" basis. The additional insurance protection shall extend equal protection to County as to Contractor or subcontractors and shall not be limited to vicarious liability only or any similar limitation. To the extent any aspect of this Paragraph shall be deemed unenforceable, then the additional insurance protection to County shall be narrowed to the maximum amount of protection allowed by law. o Required by County D Not required by County (One box must be checked) Page 10 of 14 -Personal Services Contract No. 2014-298 Automobile Liability insurance with a combined single limit of not less than: Per Occurrence o $500,000 o $1,000,000 o $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include: plumbers, electricians or construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a sale proprietor that does not own vehicles . registered to the business. LCLRequired b~....C>untY'_.._.~. .N.9t reqtJj.r:.~9....Q}' County~one box must be checkeQ..L)_____~~ Additional Requirements. Contractor shall pay all deductibles and self-insured retentions, A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor's coverage will be primary in the event of loss. Certificate of Insurance Required. Contractor shall furnish a current Certificate of Insurance to the County with the signed Contract. Contractor shall notify the County in writing at least 30 days in advance of any cancellation, termination, material change, or reduction of limits of the insurance coverage. The Certificate shall also state the deductible or, if applicable, the self-insured retention level. Contractor shall be responsible for any deductible or self-insured retention. If requested, complete copies of insurance poliCies shall be provided to the County. Deschutes County Risk Management review: ./ ~ Digitally signed by Ken Harms >/r DN: cn=Ken Harms, o=Deschutes '1\,,.1C~ l ~County, ou=Risk Management, ) I " email=kenh@deschutes,org, c=US Date: 2014.11.13 14:43:51 -Qa'oo' Page II of 14 -Personal Service$ Contract No, 2014-298 EXHIBIT 3 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2014-298 CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR NOTE: Contractor Shall Complete A or B in addition to C below: A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP. I certify under penalty of perjury that Contractor is a [check one]: W c~o n authorized to do business i,n/he State of Oregon. orati D Limited Liability Company D Partnership _~/ OWVV-el) //-li-I'1 Signatur ~ Title Date B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR. Contractor certifies under penalty of perjury that the following statements are true: 1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return), and 2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon, and 3. All of the statements checked below are true. NOTE: Check all that apply. You shall check at least three (3) -to establish that you are an Independent Contractor. , The labor or services I perform are primarily carried out at a location that is separate from my residence or primarily carried out in a specific portion of my residence that is set aside as the location of the business. B. I bear the risk of loss related to the business or provision of services as shown by factors such as: (a) fixed-price agreements; (b) correcting defective work; (c) warranties over the services or (d) indemnification agreements, liability insurance, performance bonds or professional liability insurance. I have made significant investment in the business through means such as: (a) purchasing necessary tools or equipment; (b) paying for the premises or facilities where services are provided; or (c) paying for licenses, certificates or specialized training. ><: D. I have the authority to hire other persons to provide or to assist in providing the services and if necessary to fire such persons. E. Each year I perform labor or services for at least two different persons or entities or I routinely engage in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services. /1-/tf-/,,/ Date Page 12 of 14 -Personal Services Contract No. 2014-298 C. Representation and Warranties. Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. Contractor has the power and authority to enter into and perform this contract; 2. This contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; 3. The services under this Contract shall be performed in a good and workmanlike manner and in accordance with the highest professional standards; and 4. Contractor shall, at a" times during the term of this contract, be qualified, professionally competent, and duly licensed to perform the services. 5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4 ), 6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this contract; and 7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any ; J:7nuact~ ....-.:.I......!.'/'--_-=--'/!......!/~--!.I_t,.....!../_contrac~ Date Page I3 of 14 -Personal Services Contract No. 2014-298 Exhibit 4 DESCHUTES COUNTY SERVICES CONTRACT Contract No. 2014-298 Compliance with provisions, requirements of funding source and Federal and State laws, statutes, rules, regulations, executive orders and policies. Conflicts of Interest Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor's knowledge: 1. If Contractor is currently performing work for the County, State of Oregon or federal government, Contractor, by signature to this Contract, declares and certifies that Contractor's Work to be performed under this Contract creates no potential or actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employee agency (County State or Federal) would prohibit Contractor's Work under this Contract. Contractor is not an "officer," "employee," or "agent" of the County, as those terms are used in ORS 30.265. 2. No federally appropriated funds have been paid or shall be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. a. If any funds other than federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Contractor agrees to complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. 1) Standard Form-LLL and instructions are located in 45 CFR Part 93 Appendix B. 2) If instructions require filing the form with the applicable federal entity, Contractor shall then as a material condition of this Contract also file a copy of the Standard Form-LLL with the Department. 3) This filing shall occur at the same time as the filing in accordance with the instructions. b. Contractor understands this certification is a material representation of fact upon which the County and the Department has relied in entering into this Contract. Contractor further understands that submission of this certification is a prerequisite, imposed by 31 USC 1352 for entering into this Contract. c. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. d. Contractor shall include the language of this certification in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. e. Contractor is solely responsible for all liability arising from a failure by Contractor to comply with the terms of this certification. 1. Contractor promises to indemnify County for any damages suffered by County as a result of Contractor'S failure to comply with the terms of this certification. 3. Contractor understands that, if this Contract involves federally appropriated funds, this certification is a material representation of facts upon which reliance was placed when this Contract was made or entered into, submission of this certification is a prerequisite for make or entering into this Contract imposed by Section 1352, Title 311, U.S. Code and that any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. J::ki/1!:i 0.(1-/'-1-11 Page 14 of 14 Personal Services Contract No. 2014·298 Exhibit A REQUEST FOR PROPOSAL PROPOSAL TITLE: JANITORIAL SERVICES FOR THE DESCHUTES COUNTY SHERIFF'S OFFICE PROPOSAL DUE DATE: SEPTEMBER 13,2013 AT 5:00 PM (PDT) I. Project Background and Information The Deschutes County Sheriffs Office (DCSO) is issuing a Request for Proposals (RFP) from qualified companies to provide janitorial services. The Company selected will be responsible for cleaning Sheriff s Office Administrative Offices, portions of the Deschutes County Jail, Search and Rescue Offices, Automotive Offices, and the substations in Terrebonne and Sisters. A Statement of Work containing the details of the required services is attached to this RFP. Only those Companies that are actively engaged in the business of providing janitorial services will be considered as eligible proposers. Each Company interested in this contract shall be required to respond to the requirements defined in Section IV, "Proposal Requirements". The responses will be evaluated by the Review Team which will consist of members from the Sheriff's Office. The members of the team have experience at the administrative and supervisory level. The Review Team will select the Company which best fits the needs of the Sheriffs Office. (See Section V, "Proposal Evaluation" for details on the evaluation process.) The successful Company shall be required to enter into a Contract with DCSO. DCSO will comply with Oregon Revised Statute 279A.120 in this RFP process. II. Project Scope The requirements of the cleaning contract are described in detail in the Statement of Work. The value of the current contract is $6766.22 monthly; $81,194.69 annually. The Review Team reserves the right to give additional input and expand the project. Companies submitting proposals will be notified of all changes. The Company shall not delegate or subcontract any of the work required by this RFP or assign or transfer any of its interest in this RFP, without the prior written consent of DCSO. DCSO may reject any proposal not in compliance with all procedures and requirements and may reject, for good cause, any or all proposals if it is in the public interest to do so. Any proposals that are not complete, i.e., do not address all of the categories in the RFP in the order requested, may be excluded from further consideration and may be rejected summarily. 10f5 Any publicity giving reference to this project, whether in the form of press releases, brochures, photographic coverage or verbal announcement, shall be only with the specific approval of DCSO. The Company must designate one or more representatives who will be the person(s) with whom DCSO will deal in finalizing any agreement. This person(s) must have the full authority to bind the Company with respect to all issues. This person(s) must attend all meetings with DCSO, either in person or by phone, regarding the preparation and finalization of any agreement. DCSO is not liable for any costs incurred by the prospective Companies prior to issuance of any agreement or contract. All proposals shall remain firm for a period of one year after the date specified for receipt of proposals. DCSO reserves the right to modifY the project schedule at DCSO's discretion. Proper notification of changes in the response due date will be made to all interested parties. This solicitation may be canceled, or any or all proposals may be rejected in whole or in part, when the cancellation or rejection is in the best interest of DCSO as determined by the DCSO. III. RFP Schedule August 23,2013: Issue Request For Proposals on DCSO website. Additionally, the notice will be published in The Bulletin newspaper on August 25, 2013. September 9,2013 (PDT): Mandatory Tour of DC SO facilities. Companies must attend the tour to have their proposal considered. The tour schedule will be posted on the DCSO website: http://sheriff.deschutes.org under Divisions tab: Janitorial Services RFP. Companies that do not have access to the Internet may request the tour schedule by contacting Captain Shane Nelson via email at dcsojanitorialrfp@deschutes.org. The tour schedule will be posted on the website on August 26,2013. September 10, 2013 (PDT): Deadline to submit any questions. Submit questions to Captain . Shane Nelson via email at dcsojanitorialrfp@deschutes.org. September 11, 2013 (PDT): Answers to questions will be posted on the Deschutes County Sheriff's Office website: http://sheriff.deschutes.org under Divisions tab: Janitorial Services RFP. Answers will also be sent to proposers via emaiL September 13,2013 at 5:00 p.m. (PDT): Application process closes (proposals due). September 16 -20, 2013: Evaluation ofproposals and selection of finalists. September 23 -27,2013: Check references and Interview finalists. October 2,2013: All Companies receive County Commissioners' Notice of Intent to Award Contract (alternative: Notice of Cancellation of RFP). 2of5 October 9, 2013: Deadline for Appealing Notice of Intent to Award Contract. October 9 -November 1,2013: Contract negotiations with finalist. IV. Proposal Requirements Any and all questions related to this RFP must be in writing and received by the project manager no later than 5 :00 p.m.(PDT) time, September 11, 2013. Project Manager: Shane Nelson Operations Captain Deschutes County Sheriffs Office 63333 W. Hwy 20 Bend, OR 97701 (541) 388-6655 All prospective Companies must participate in a mandatory tour of Sheriff s Office facilities on September 9,2013. DCSO will not consider proposals from Companies that do not participate in the tour. Email questions to dcsojanitorialrfp@deschutes.org; clearly identify the e-mail "Questions for Deschutes County Sheriffs Office Janitorial RFP". Phone calls and faxes will not be accepted. Answers to all written questions will be re-issued in the form of an addendum and posted to the Deschutes County Sheriffs Office website, http://sheriff.deschutes.org, under Divisions tab: Janitorial Services RFP. Companies must submit one (1) original hard copy of the Proposal (mailed or delivered). The proposals shall be typed and submitted on 8.5 by 11 inch paper, one-sided and bound securely. The Proposal is due on September 13,2012, by 5:00 p.m. (PDT) to the Project Manager at the Deschutes County Sheriffs Office. It is the responsibility of the Company to ensure the Proposal is received prior to the listed date and time. Time discrepancies between clocks, watches, cell phones, etc. will not be honored. Project Manager Delivery Address: Deschutes County Sheriff s Office Attn: Captain Shane Nelson 63333 W. Hwy 20 Bend, OR 97701 Captain Nelson is the project manager and the liaison for the Review Team. 3ot'5 Use the following organization for the proposal: 1. Introduction/Cover letter 2. Company Capabilities 3. Company Qualifications 4. Financial Considerations 5. References with current contact names and phone numbers 6. In a separate, sealed envelope, submit one copy of a detailed cost summary 7. Any additional material/concepts/ideas for handling this contract related to why your company should be selected for this contract. Explanation of Topics 1-8: 1. Introduction/Cover Letter Provide an overview of your company and years providing janitorial services. Provide Company's complete address, phone number and fax. Provide name, phone number and email address for primary contact person. The Company will state whether Company is a "resident bidder," as defined in ORS 279A.120. 2. Company Capabilities Describe the Company's experience and capabilities in providing similar janitorial services. Be specific and identify clients and dates. Companies must show history of work, preferably with similar clients and schedules. Proposal must describe how the Company will meet the needs contained in the Statement of Work. In addition, Company will describe quality assurance and quality control measures in its proposal. 3. Company Qualifications Provide resumes describing the work experiences for each of the key staff who will be assigned to the project. Also, designate the Company's primary contact person and include telephone numbers and email addresses. 4. Financial Considerations Proposals must include information that describes the form of ownership, credit rating and accounting procedures. s. References Proposals must include a list of past and! or current clients, including points of contact (name, current address and current telephone number) which can be used as references for work performed in similar capacities. Selected clients will be contacted by the Review Team to determine the quality of work performed and personnel assigned to the project. 6. Detailed Cost Summary Provide cost analysis for contract proposal. Submit in a separate, sealed envelope. 7. Additional material Provide supplemental material you feel will help the evaluation team make an informed decision on your service and why the Sheriff's Office should select your Company for this contract. Please include any options/ideas that you may want to suggest. 40f5 8. Confidential Information Companies will specify and identify what proposal infonnation is to be considered confidential. Proposal Offer It is understood and agreed that this RFP and the response of the selected Company, if accepted, will become part of a legal and binding contract between the undersigned Proposer and the Deschutes County Sheriff s Office. The contract shall be in force upon execution of the Notification ofIntent to Award Contract by the Deschutes County Board of Commissioners. Such notice will be faxed to the Company at the address shown on the Company's proposal. V. Proposal Evaluation The proposals will first be reviewed to detennine if proposal requirements indicated above have been met and that the Company did attend the mandatory tour of Sheriff s Office facilities. DCSO will not consider proposals from Companies that do not participate in the tour. The accepted proposals will be reviewed by the Review Team and scored against stated criteria as well as references. The team will evaluate all proposals in accordance with criteria set forth in this RFP and applicable law. They may review references, request oral presentations or conduct an on-site visit and use the results in scoring the proposals. Cost will be evaluated as a factor in the evaluation but will not be a controlling factor. The Sheriff s Office will choose the Company that provides the greatest overall value and is best qualified to serve the needs of the office. During the evaluation process the Review Team may seek infonnation from a Company to clarify that Company's proposal. A Company must submit written clarifications and such clarifications shall become part of that Company's proposal. The Evaluation Criteria to be used is: General Requirements • Company's capabilities, staff and references 40% Experience and Qualifications • Company's qualifications • Prior experience Interview Cost /pricing General Impressions of the Proposal 20% 10% 10% Total 100% Final Selection Results and Evaluation Criteria The final selection results will be posted on the Deschutes County Sheriff s Office website after the selection has been completed. Evaluation criteria will be available through the Public Records Request procedure. 50f5 Exhibit B JANITORIAL SERVICES FOR THE DESCHUTES COUNTY SHERIFF'S OFFICE Bid Submitted September 13, 2013 BY Gary L. Curry FOR Cascade Complete Cleaning Services 19196 Shoshone Road Bend, OR 97702-7926 e-mail: cascade.complete.cleaning@gmail.com phone (541) 617-1645 TABLE OF CONTENTS I 1 1 t I ntroduction/Cover Letter ....................................................................... 1 CCCS Certifications City of Bend Business License Certificate of Liability Insurance and Automobile Liability Insurance Certificate of Workers' Compensation Insurance 2013 Scope of Work -Janitorial Services for Deschutes County Sheriff's Office (Exhibit 1-A) Company Capabilities ............................................................................ 2 Company Qualifications ......................................................................... 4 Financial Considerations ........................................................................ 7 References ............................................................................................ 8 Additional Material ................................................................................. 9 INTRODUCTION • • Cascade Complete Cleaning Services office (541) 617-1645 cascade. complete.cleaning@gmail.com 19196 Shoshone Road, Bend, OR 97702-7926 September 13, 2013 Shane Nelson Operations Captain Deschutes County Sheriffs Office 63333 West Highway 20 Bend, OR 97701-8587 Dear Captain Nelson: Thank you for the opportunity to bid on providing Janitorial Services to the Deschutes County Sheriff's Office (Sheriffs Office). cecs is a "resident bidder" as defined in ORS 279A.120. cecs attended the mandatory tour of facilities on September 9, 2013. The enclosed proposal is intended to provide the information specified in the Request for Proposal. The Detailed Cost Summary was calculated on the best data available at the time of bid. This proposal is a firm offer valid for one (1) year from the bid submission closing date of September 13, 2013. I am confident that Cascade Complete Cleaning Services can provide the janitorial services outlined in the Sheriffs Office 2013 Scope of Work/Janitorial Services based on the fact that CCCS has been providing these janitorial services to the Sheriffs Office for the last 10 years. My employees are knowledgeable, trustworthy, skilled, and capable of providing the level of service outlined in the September 2013 Scope of Work. I have full authority to bind Cascade Complete Cleaning Services with respect to all issues related to this proposal. Please direct any concerns to my attention. Sincerely, !::!.t;I Owner Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 COMPANY CAPABILITIES COMPANY CAPABILITIES Cascade Complete Cleaning Services (CCCS) provides top-quality janitorial services. Below are current and past clients to whom CCCS has provided services that are similar in nature and frequency to those to be provided to the Sheriff's Office: Client: Services: Client: Services: Client: Services: Client: Services: Client: Services: Client: Services: Client: Services: Client: Services: Client: Services: Deschutes County Sheriff's Office Janitorial including carpet cleaning, stripping & waxing floors Day Dream Builders Carpet cleaning, house cleaning NorthWest Brain & Spine Janitorial cleaning in procedure room Otak Incorporated Janitorial including carpet cleaning Deschutes Dermatology Janitorial including carpet cleaning Hendricks & Homes Construction Janitorial First Horizon Home Loans Janitorial including carpet cleaning TYM-USA Janitorial including carpet cleaning Central Oregon Leasing & Management Janitorial including carpet cleaning of houses & offices October 2003-present January 2006-present August 2012-present 2001-2008 2006-2007 2006 2006 2005-2006 2001-2004 Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriffs Office, September 13, 2013 2 Quality Assurance/Quality Control Measures Gary and Maria eurry carefully screen and train each employee to safely handle and use cleaning supplies and equipment in accordance with current safety, Occupational Safety and Health Administration, and Americans with Disabilities Act requirements and to properly perform the specific tasks required at each building. eees makes every effort to schedule its staff so that the same employee will be cleaning the same building each time. To assure that eees provides the level of service required by the Sheriff's Office, an on-site supervisor will be present during each shift to inspect the work done by the employee. Please direct any concerns about the janitorial services being provided by eees to Gary eurry: office phone (541-617-1645) or cell phone (541-948-9424). eees responds to all concerns within 24 hours. Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriffs Office. September 13. 2013 3 COMPANY QUALIFICATIONS I I 1 I I COMPANY QUALIFICATIONS Key Staff The primary contact person for this project will be: Gary L. Curry office phone: (541) 617-1645 19196 Shoshone Road cell phone: (541) 948-9424 Bend, OR 97702-7926 e-mail: cascade.complete.cleaning@gmail.com Following are resumes for Gary L. Curry, Maria E. Curry, and Tammy M. Brown, the key staff who will be assigned to this project. Resume of Gary L. Curry STRENGTHS Versatility Quality control Dependability Problem solving WORK HISTORY Cascade Complete Cleaning Services, Bend, Oregon, 2000-present Owner Co-manager duties with Maria Curry. Perform all janitorial tasks at level of service required by clients. Red Carpet Car Wash and Lightning Lube, Bend, Oregon, 6/1998-2000 Lube Supervisor, Lube Technician SoftWorld, Milpitas, California, 3/1996-3/1998 Print Operator, Print Engineer, Replication Operator Burned screens and mixed colors. Shipping and receiving. Forklift operator. Quality Assurance Inspector. CIS Technology, Milpitas, California, 9/1994-3/1996 Print Operator, Print Engineer, Replication Operator Same duties as at SoftWorld including Quality Assurance Inspector. KOA of USA, Fremont, California, 7/1992-8/1994 Print Operator Burned screens and mixed colors. Quality Assurance Inspector. EDUCATION CRII-certified in Upholstery and Fabric Cleaning Diploma, Santa Clara High School, 1992 Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office. September 13. 2013 4 Resume of Maria E. Curry STRENGTHS Attention to detail Quality control Organized Scheduling and coordination Dependable Problem solving WORK HISTORY Cascade Complete Cleaning Services, Bend, Oregon 2000-present Office Manager, On-Site Supervisor Co-manager duties with Gary Curry. Responsible for answering phones, setting/confirming appointments, and filing. Recruit, hire, train, and supervise employees servicing Commercial and Residential accounts. Negotiate contracts with clients. Frequent communication with clients (phone, e-mail, in person). Walmart, Bend, Oregon, 1/2003-8/2004 Overnight Stocker Unloaded incoming freight. Assigned and loaded pallets for each department. Unpacked pallets and stocked shelves -all departments. Helped customers find products. Western Directory Yellow Pages, Bend, Oregon, 5/2000-12/2003 Sales Representative Sold advertising. Assisted customers in setting up ads. Verified accuracy of customer data before submittal to directory's printing service. Sales Support, 1 year Answered phones, set and confirmed appointments. 'filing. Michael's, Bend, Oregon, 3/1999-4/2000 Framing Manager Assisted customers in selecting appropriate matte materials. Measured and cut mattes and glass. Extensive phone contact with customers, other departments, and stores. Supervised 5 framing assistants. Sales Floor Assistant Cashier. Unloaded incoming freight and stocked shelves. Helped customers find products. EDUCATION Framing Management (160 hours), Michael's General education diploma Cascade Complete Cleaning Services BID Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 5 Resume of Tammy M. Brown STRENGTHS Organized * Attention to detail * Reliable * Customer service EXPERIENCE Current Positions Cascade Complete Cleaning Services, Bend, Oregon 2012-present Janitor. Perform variety of janitorial services including vacuuming, sweeping, window washing, and dusting. Follow instructions regarding level of service needed. Comply with company policies and procedures. Subway, Bend, Oregon, Bend, Oregon Sandwich Artist. Prepare menu items for individual customers or catering per company policy and procedures. Cashier. Sanitize utensils. Maintain store cleanliness. Past Positions Three Sisters Floral, Sisters, Oregon Florist. Cut and watered flowers and plants. Prepared arrangements. Catering. Event planning. Creative Touch Hair, Sacramento, California Stylist. Scheduled appointments. Performed level of service requested by clients. Sanitized tools. Maintained cleanliness of station. Cashier. Shell, Sacramento, California Cashier. Restocked supplies. Assisted customers. Roundtable Pizza, Sacramento, California Cook, Food Server, Cashier. Prepared, cooked, and served menu items per company policy and procedures. Customer service. John Day High School Cafeteria, John Day, Oregon Food Server, Dishwasher. Prepared food per company policy and procedures. Proficient in serving 400 people. Customer service. Best Western, John Day, Oregon Janitorial Engineer/Housekeeper. Cleaned and maintained 40 rooms. TEC/Oregon Youth Conservation Corps, John Day, Oregon Front Runner. Coordinated with leaders and team members to complete natural resource projects. Learned to use tools safely. Data entry, filing. EDUCATION Oregon Food Handler's Permit High school diploma, John Day Alternative Education Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 6 FINANCIAL CONSIDERATIONS FINANCIAL CONSIDERATIONS Form of Ownership CCCS is operated as a sole proprietorship by Gary L. Curry. Credit Rating CCCS owns all its equipment outright and pays for all supplies by cash or check. As of September 5,2013, Creditsafe USA ranked CCCS at 93. Accounting Procedures Maria Curry is responsible for and performs all accounting procedures except for payroll administration and preparation of tax returns. Payroll administration is handled by Kathryn Henderson, owner of Balanced Solutions. She has performed this service for CCCS since 2012. Preparation of tax returns is handled by Stacy L. Collins, LLC, who has performed this service for CCCS since 2001. Tax Accounts and Licenses Federal Tax 10: 93-1313016 State Tax 10: 1122796-9 City Business License: 14-00011553 Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 7 REFERENCES REFERENCES Current Clients Deschutes County Sheriffs Office contact: Captain Shane Nelson 63333 West Highway 20 Bend, OR 97701 (541) 617-3386 Day Dream Builders contact: Dave Tomlinson, Owner 60401 Tall Pine Avenue Bend, OR 97702 (541) 280-9292 NorthWest Brain & Spine contact: Kim Booher, Office Manager 2275 NE Doctors Drive, Suite 2 Bend, OR 97701 (541) 585-2400 Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13. 2013 8 ADDITIONAL MATERIAL ADDITIONAL MATERIAL CCCS Certifications 1. eees is qualified, responsible, and capable of performing the work specified in the September 2013 Scope ofWorklJanitorial Services. 2. eees has a current business license issued by the City of Bend and will keep such in full force and effect during the life of its contract with the Sheriff's Office. 3. eees is currently bonded and insured and will maintain such in full force and effect during the life of its contract with the Sheriffs Office. 4. eees will not delegate or subcontract its responsibilities under a contract without the prior written permission of the Sheriffs Office. 5. eees will coordinate its work hours and personnel with the requirements for each Sheriffs Office building. 6. eees agrees that its employees may be fingerprinted and background checked for work at Deschutes County Sheriffs Office facilities. 7. eees will provide on-site supervisors to check on employees at each building nightly to assure work is done correctly and to double-check that doors are properly secured when leaving each location. 8. eees agrees to perform the services specified in the September 2013 Scope of Work for the costs stated in its Detailed Cost Summary, submitted in a separate. sealed envelope. Five (5) Evenings Per Week -Monday through Friday * Administrative Offices, 63333 West Highway 20, Bend, Oregon * Deschutes County Jail, 63333 West Highway 20, Bend, Oregon Two (2) Days Per Week (specific days and times to be determined prior to contract commencement) * Search & Rescue, 63360 Britta Street, Building 3, Bend, OR * Automotive/Communications, 63360 Britta Street, Building 4, Bend, OR * Sisters Station, 703 North Larch Street, Sisters, OR * Terrebonne Station, 8154 11th Street, Suite 3, Terrebonne, OR Additional Schedules Janitorial services will also be provided monthly, quarterly. semi-annually, and annually as specified in the September 2013 Scope of WorklJanitorial Services. Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 9 9. Confidential Information: CCCS would prefer that the Sheriffs Office keep CCCS client names and other identifying data as well as the bid data confidential. Information provided in this proposal shall not be duplicated, used, or disclosed in whole or in part outside the Deschutes County Sheriffs Office for any purpose other than evaluation of the CCCS proposal. If a contract is awarded to Cascade Complete Cleaning Services as a result of or in connection with the submission of this information, the Sheriffs Office shall have the right to duplicate, use, or disclose this information to the extent required under the contract. This restriction does not limit the Sheriffs Office right to use any of the information contained herein if it is obtained from another source. 10. All information provided by CCCS in connection with this proposal is true and accurate to the best of the owner's knowledge and ability. Date 1-/3 -( 3BY~Gary L. urry Owner, Cascade Complete Cleaning Services Cascade Complete Cleaning Services BID -Janitorial Services for the Deschutes County Sheriff's Office, September 13, 2013 10 ---------------------------------------------------------------------------------------------------- BUSINESS LICENSE THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE AT THE BUSINESS LOCATION Business Name: CASCADE COMPLETE CLEANING License Number: 14-00011553 SERVICES Business Location: 1 DOING BUSINESS IN BEND Expiration Date: September 06, 2014 Business Type: JANITORIAL SERVICES Issuance of a business license does not excuse abusiness from compliance with applicable federal, state, and municipal1aws and regulations. k~~ September 06, 2013 Robyn Christie., City Recorder CASCADE COMPLETE CLEANING SERVICES C/O GARY CURRY 19196 SHOSHONE ROAD BEND OR 97702 Date Issued City of Bend 710 NW Wall St P.O. Box 431 Bend, OR 97709 (541) 388-5513 ~ ACORD® CERTIFI( \TE OF LIABILITY INSU )'NCE DATEIMMIDDIYYYY) \".,.....--06/11/2014 THIS CERTIFICATE IS ISSUED AS A MAnER 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 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 . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I 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, :ADDLSUBRTYPE OF INSURANCE LIMITSPOLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE. 1,000,000.1$ DAMAGE TO RENTED--i ----------,...X COMMERCIAL GENERAL LIABILITY PREMISES (Ea o"-"-urrenc52L-i_$______100'OQQ_11 CLAIMS-MADE X. OCCUR • EXP , :),goo_ A 035037214 OS/25/2014: OS/25/2015 -,=~SO~~~ADVINJURY--+_$___ 1,OOO,99Q J1 : GENERAL AGGREGATE ! $ 2,000,000---_.+-----_.-,,----- GEN'L AGGREGATE LIMIT APPLIES PERI • PRODUCTS -COMPIOP AGG I $ 2,000,000'----------1---."""""".,,----, POLICY IrB+ LOC I $ I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _.lEa accid~ll_ _____ BODILY INJURY (Per person) $ ALL OWNED SCHEDULED ANY AUTO A X 035037214 OS/25/2014' 05/25/2015 BODILY INJURY (Peraccidenlj !AUTOS i--AUTOS ----I I X NON-OWNED PROPERfYIjAMAi.fE-. $ . HIRED AUTOS c__ AUTOS (per accid,,~ll __ -!! UMBRELLA LlAB OCCUR EACH OCCURRENCE $ EXCESS lIAB .__ CLAIMS-MAQE.,: _AGQR§.GATE -------V OED RETENTION $ i $ :WORKERS COMPENSATION WCSTATU-I OTH-: AND EMPLOYERS' LIABILITY _~l:(2BY LIMITS l_......ER._LYIN ANY PROPRIETORIPARTNERlEXECUTIVE EL. EACH ACCIDENT $C OFFICERIMEMBER EXCLUDED? •• N I A (Mandatory in NH) EL DISEASE -EA EMPLOYEE. $ , If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT: $ i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attac.h ACORD 101, Additional Remarits Schedule, if mort! space is required) 19196 SHOSHONE RD, BEND. OR 97702 CERTIFICATE HOLDER DESCHUTES COUNTY, ITS OFFICERS AGENTS. EMPLOYEES, AND VOLUNTEERS 63333 W HWY 20 BEND OR 97701 ACORD 25 (2010/05) CANC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE~; /'" ~/_.......1 © 1988\6,0' 0 ACORD CORPORATION. All rights reserved. PRODUCER Scott Robson(7309354) 644 NE Greenwood Ave #1 CURRY, GARY 19196 SHOSHONE RD BEND OR 97702 CONTACT NAM~,___ .____... I ~~~.El!.IL§±1:~~~.~~1..!l. --FA5C1-----------. (AlC, Hill: ...... -MAIL ADDR§.S.§:,...s.rQQl?.Q[)@famJSiJ_§.1;!gem,GQffi ____" _ ________~~URER(S) AFFc>'~I)~.Q.~O_"!..RAGE ___ , NAlC# I!'~I!RI<R A-,-_I~~l~s~@!1~_e Exchan~_, ______ 1~~U~~R.Il.:..£Glr.rn_ersll'l~ur<lnce ExchangB.____. ____ 21652 INSURER C :_~id,Ce}:ltiJ.!)I InsiJ.@.nce Company ________ 21687 I_~\!~ER 0.:,_ INSURER E; ,-------~~ INSURER F ; The ACORD name and logo are registered marks of ACORD TH' OORSEMENT CHANGES THE POLICY. PLEASE READ r .EFULLY. Policy Number: 03503-72-14 POLICY CHANGES Effective Date of Change: 06/13/14 Expiration Date: 05125115 Change Endorsement No.: 002 Agent: 73-09-354 Named Insured: CURRY, GARY CASCADE COMPLETE CLNG SERVICE 19196 SHOSHONE RD BEND OR 97702-9047 The following item(s): Insured's Name Insured's Mailing Address I Policy Number Company Effective / Expiration Date Insured's Legal Status / Business of Insured ~um DeterminationPayment Plan X Additional Interested Parties Coverage Forms and Endorsements Limits / Exposures Deductibles Covered Property / Location Description Classification I Class Codes Rates Underlying Insurance is (are) changed to read {See Additional Page(s)}: The above amendments result in a change in the premium as follows: X No Changes To Be Adjusted At Audit Additional Premium $ ! Return Premium $ Authorized Representative Signature: ~FARMERS INSURANCE nm7 ISTEDI1l0N 7·00 Indudes Cop,righied MoIeriollllSlllonte Services Offite, lilt, with ~s pernissiCIII, £4277101 PAGE 1 OF 2 E4277.fDI I Policy Changes Endorsement Description CHANGE ADDITIONAL INTEREST ADDITIONAL INSURED -BP04500197 DESCHUTES COUNTY, ITS OFFICERS AGENTS, EMPLOYEES, 63333 WHWY20 BEND, OR 97701 LOCATION: 19196 SHOSHONE RD BEND, OR 97702 Removal If Covered Property is removed to a new location that is described on this Policy Change, Permit you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not apply at the previous location. 91-4277 1ST £DITION 7·02 Indud" Copyrighted Moleriol, IllSuronce Servic" Office, Int, wilh ils perrrission. E4277102 PAGE 2 OF 2 E4277-£Ol Attach to your policy with the same policy number shown on this endorsement. ENDORSEMENT Effective Date 06/13/14 03503-72-14 Policy Number of the Company designated in the Declarations ADDITIONAL INSURED -BP04500197 ADDITIONAL INSURED DESCHUTES COUNTY, ITS OFFICERS AGENTS, EMPLOYEES, AND VOLUNTEERS This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. COUNTERSIGNED (Date) 91·0002 (E 0002) 1ST EDITION 3·88 PRINTED IN U.S.A. POLICY NUMBER: 03503-'/G-14 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: DESCHUTES COUNTY, ITS OFFICERS SEE E0002 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched ule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 045001 97 Copyright, Insurance Services Qffice, Inc., 1997 Page 1 of 1 D I Ij OREGON WORKERS COMPENSATION CERTIFICATE OF INSURANCE www.saif.com The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 771042 05/01/2013 to 13 INSURED: BROKER OF RECORD: GARY CURRY CASCADE INSURANCE CENTER LLC 19196 SHOSHONE RD 336 SW CYBER DR STE 104 BEND, OR 97702-7926 BEND, OR 97702 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. AUTHORIZED REPRESENTATIVE PJr?}>-JF R.q4.iJ..----. President and CEO 400 High Street SE Salem. OR 97312 P: 800.285.8525 F: 503.373.8020 Pol;r::y _Bat&._CertificateOfInsurance Exhibit I-A 2013 SCOPE OF WORK JANITORIAL SERVICES for DESCHUTES COUNTY SHERIFF'S OFFICE Deschutes County Sheriff's Office 63333 W. Highway 20 Bend, Oregon 97701 Deschutes County Sheriff Page I of II Scope of Work/Janitorial Service 1. SCOPE OF WORK The work consists of providing Custodial services for the Deschutes County Sheriff s Office herein and in accordance with the Specifications, Special Provisions and General Conditions. 2. PERFORMANCE OF WORK Services for the Deschutes County Sheriff's Administration Office and Deschutes County Jail shall be performed on weekdays (Monday through Friday) between the hours of 4:30 p.m. and midnight, excluding County holidays. Services for the Terrebonne, Sisters, Search & Rescue and Automotive offices shall be performed during normal business hours. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall furnish and pay for all labor, tools, equipment, cleaning supplies, and other appurtenances necessary to provide Custodial Services. Contractor shall supply plastic bags for waste baskets and all necessary cleaning supplies as mentioned above. All supplies and products must meet the approval of the Deschutes County Sheriff's Office prior to use. Before commencing any work under this contract, Deschutes County Sheriff's Office requires that Contractor and any principals, officers or employees who will work on or in any Deschutes County Sheriff s Office premises undergo and successfully pass a background investigation in addition to a fingerprint background check. Contractor shall ensure that both of these requirements are met for each principal, officers and employee of Contractor before any principal, officer or employee entering into or performing any work in any Deschutes County Sheriff's Office facilities. Contractor must contact the Deschutes County Sheriff's Office Operations Administrative Lieutenant @ 541-388 6655 and obtain required paperwork for background investigation and fingerprint background check. This requirement must be met for all new principals, officers, or employees of Contractor added during the term of the contract that will be performing work under this contract. Identification cards will be supplied by Deschutes County Sheriff's Office and are to be worn at all times while in said facilities. If there is a change in personnel, contractor shall contact the Deschutes County Sheriff's Office representative immediately with name(s) of changed personnel. The Deschutes County Sheriff s Office will have the authority to decline, approve or direct the removal of any contracted employee in any Deschutes County Sheriff's Office building. Any principal, officer or employee of Contractor who has been convicted of any felony or any crime involving moral turpitude or theft within the past ten (10) years is prohibited from working on or in any Deschutes County Sheriff's Office premises. If any principal, officer, or employee of Contractor is or has been convicted of any other type of crime, or if a conviction is more than ten (10) years old, Deschutes County Sheriff's Office, at Sheriff's Office sole discretion, may prohibit that principal, officer or employee from performing work under this contract. Deschutes County Sheriff Page 2 of II Scope of Work/Janitorial Service The Contractor will ensure that outside doors to building are kept locked at all times except when the building is open to the public. Interior building doors must remain locked except while work in the immediate area is in progress. All doors are to be locked when Contractor and its employees leave the building. Contractor shall tum off all designated building lights and close and lock all building windows at the end of each work period. Contractor shall prevent its employees from disturbing material on desks, opening drawers or cabinets, using telephones provided for Deschutes County Sheriff s Office employees, and using computers provided for Deschutes County Sheriff s Office employees. Contractor shall further prevent any person performing work under this contract from watching any of the televisions located in the building as well as using any other Deschutes County Sheriff s Office supplies or equipment. No work is required in elevator pits, mechanical rooms, electrical/telephone switching rooms and those rooms specifically excluded by Deschutes County Sheriffs Office. If moved or removed for cleaning purposes, furniture and wastebaskets will be replaced in their original locations. Work must be performed in accordance with all current OSHA and ENVIRONMENTAL statutes and regulations. 4. JOB SITES AND DESCRIPTION OF WORK The job sites and the description of the work to be provided by the Contractor are as follows and are to include all offices, foyers, hallways, entry ways and doors, windows, stairways, conference rooms, interview rooms, restrooms, break rooms, coffee rooms and/or stations, elevator cabs, storage areas, and interior windows or partitions on a five night a week basis or as applicable to this contract: A. The following locations are to be maintained on a five (5) evening a week basis between 5:00 p.m. and midnight. Jail staff dining area is to be done after 6:00 shift change. Deschutes County Sheriffs Office 63333 W. Highway 20 Bend, Oregon 97701 Deschutes County Jail 63333 W. Highway 20 Bend, Oregon 97701 B. The following locations are to be maintained on a two (2) days per week basis during business hours. Specific days and times will be determined prior to contract commencement: Deschutes County Sheriff Page 3 of II Scope of Work/Janitorial Service Deschutes County Sheriff s Office Terrebonne Office 8154 11 th St. Suite 3 Terrebonne, Oregon 97760 Deschutes County Sheriffs Office Sisters Office 703 N. Larch St. Sisters, Oregon 97759 Deschutes County Sheriff s Office Special Services 63360 Britta St. Building 3 Bend, Oregon 97701 Deschutes County Sheriff s Office Automotive/Communications 63360 Britta St. Building 4 Bend, Oregon 97701 C. The following services shall be performed on a daily basis or twice per week, depending upon location: 1) Empty all interior and exterior trash receptacles. Collect all designated waste paper and trash in plastic bags furnished contractor and dispose of immediately in dumpster. Replace all garbage can liners ifthey are tom, odorous or wet. 2) Contractor shall also remove all litter, cans, papers, and other containers marked TRASH. Remove all cigarette butts from building entrance ashtrays, sift and/or stir sand for attractive appearance. Clean all ashtrays. Dumpster services are provided by the Deschutes County Sheriff s Office. 3) Hot water, soap, deodorizer, and an appropriate disinfectant such as a bleach solution or EPA registered germicide must be used for all janitorial services. 4) Sweep and damp mop with a neutral detergent all hard surface floors, landings, stairs and entryways in the interior of the building. 5) Vacuum all carpeted areas in the building. This will include walk-off mats, entrances, corridors, desk chair mats and main traffic lanes in offices and around desks. 6) Spot clean all carpets daily to remove stains. 7) Clean, disinfect and deodorize: Deschutes County Sheriff Page 4 of II Scope of Work/Janitorial Service a) toilet room floors. b) all plumbing fixtures, toilets, urinals, sinks and shower stalls. c) all dispensers, mirrors, counters and cabinets. d) all restroom walls e) all toilet and urinal stall partitions. f) all restroom entry area walls and doors. 8) Clean and disinfect: a) all toys located in the jail reception area. b) all telephones receivers and kiosks located in jail visitation area and adjoining attorney visitation rooms. Deodorize each area. c) all coffee room sinks, counters and cabinets. 9) Mineral and calcium deposits on any plumbing fixtures must be removed. 10) Check functions of all dispensers and fixtures in all restrooms and coffee rooms. 11) Maintain adequate supplies of toilet paper, seat covers, toilet and urinal deodorizers and room deodorizers, sanitary napkins, tampons, paper towels and soap in restrooms. Paper towels are to be provided at all additional sink areas. These supplies are to be furnished by Deschutes County Sheriff's Office. 12) Clean, disinfect, deodorize and polish all drinking fountains and coffee room sinks. Mineral and calcium deposits will be removed. 13) Clean and disinfect the outside of all appliances in coffee rooms, such as refrigerators, coffee machines, toasters, microwaves etc. 14) Clean, disinfect, and deodorize table surfaces in break rooms, public areas and hallways, and all public counters in all offiees. Use only non-abrasive cleaners. 15) Remove all finger marks, dirt, smudges, wash splatter and wax from walls, doors, interior and exterior glass doors, door jambs, windows, woodwork, light switch cover plates, light switches, door knobs and handles, stairwell hand railings and all associated surrounding areas. Deschutes County Sheriff Page 5 of 11 Scope ofWorklJanitorial Service 16) Dust all surfaces up to six feet, using a treated duster. The Contractor shall accomplish dusting by the removal of soil from the area, not by moving it from one surface to another. 17) Clean and disinfect elevator floors, doors, walls, ceiling panels and selector panels. Clean and vacuum elevator door tracks. Remove all debris from above ceiling panels. 18) At the end of each work day all necessary doors and windows are to be closed and locked and all designated lights are to be turned off. D. The following services shall be provided once per week: 1) Friday evenings, for high traffic area carpets, Contractor shall remove carpet stains, completely vacuum, shampoo using hot water extraction equipment and supplies, and completely re-vacuum all carpet. Contractor shall shampoo areas such as comers that are inaccessible by machine with manual scrubbing devices. After shampooing and allowing sufficient drying time, Contractor shall vacuum the carpet following a pattern that will give the carpet pile a uniform appearance. Use portable floor and carpet blowers/dryers to completely dry areas before 7:00 a.m. 2) After vacuuming, damp mop with a neutral detergent all desk chair mats. E. The following services shall be provided on a monthly basis: 1) Vacuum all fabric office furniture and walls, wipe all hard surface office furniture and wall partitions with an appropriate non-abrasive cleaner. Remove all stains, foreign material etc. 2) Change cartridges, batteries and aerosol cans for deodorizers in all bathrooms as necessary. 3) Dust all surfaces over six feet in height, using a treated duster. The Contractor shall accomplish dusting by removal of soil from the area, not by moving it from one surface to another. 4) Pour one gallon of clean fresh water, deodorizer and disinfectant down the floor drains in all restrooms and the temporary holding cells. Flush K-9 kennel floor drain located next to the temporary holding cells. 5) Dust all air diffusers, using a treated duster. The Contractor shall accomplish dusting by the removal of soil from the area, not by moving it from one area to another. Deschutes County Sheriff Page 6 of 11 Scope of Work/Janitorial Service F. The following services are to be perfonned on a quarterly basis, dates to be scheduled by Contractor and approved by the Deschutes County Sheriff's Office. 1) Remove all dirt and wax from all hard surface floors and base cove by mopping or scrubbing with a detergent and wax remover. Rinse thoroughly and apply skid resistant wax of a type recommended by flooring manufacturers. When wax is dry, machine buff to a smooth sheen, even wet look. Use no more than the manufacturer's recommended concentration of wax stripper needed and remove promptly and rinse to eliminate damage to floors and adhesive. 2) Shampoo all carpets, including all hard to reach areas such as under counters, under furniture and all nooks and crannies (move carpet protectors). The Contractor shall remove carpet stains, completely vacuum, shampoo using hot water extraction equipment and supplies, and completely re-vacuum all carpet. The Contractor shall shampoo areas such as comers that are inaccessible by machine, with manual scrubbing devices. After shampooing and allowing sufficient drying time, the Contractor shall vacuum the carpet following a pattern that will give the carpet pile a unifonn appearance. Use portable floor and carpet blowers/dryers to completely dry areas before traffic resumes. 3) Remove wash splatter, wax and dirt off of base cove in all corridors and rooms. Restore base cove to a polished appearance. G. The following services are to be perfonned on a semi-annual basis, the schedule of which shall be provided by the Contractor and approved by the Deschutes County Sheriff's Office. 1) Wash and wipe clean all surfaces over six feet in height. This will include, but not be limited to moldings, overhead pipes, fire alann bells, emergency lighting, ceiling fans, etc. 2) Wash all walls in public halls and stairwells where wall covering pennits. Wash all pipes and rails in stairwells. 3) Clean and wax all woodwork, wood paneling, sound panels, wood benches and doors in all areas of all buildings. 4) Clean the interior and exterior of all light diffuser lenses. Clean the interior of all light fixtures. Clean all lamps. Use only non-abrasive cleanser. Leave no streaks on lenses or reflectors. Use drop cloths as required to protect adjacent surfaces, fixtures and furniture. H. The following services are to be provided on an annual basis, the schedule of which will be provided by the Contractor and approved by the Deschutes County Sheriff's Office. Deschutes County Sheriff Page 7 of 11 Scope of Work/Janitorial Service I) Wash ALL interior walls, doors, base covers, to remove all dirt, grime and wax. 2) Wash/vacuum dirt from air grills and diffusers using neutral cleansers. Rinse thoroughly, leaving no streaks or unwashed areas. Carefully avoid damage to ceiling tiles. Vacuum all surrounding dirty ceiling tiles with the brush attachment. 3) Vacuum and shampoo all fabric office furniture. Wash all hard surface office furniture with an appropriate cleanser. Remove all grime, wax, stains, foreign material etc (with the exception of private desk areas). 4) Vacuum or wash window coverings (drapes, curtains and blinds) with an appropriate cleaning solution to remove all dirt and grime. Method of cleaning must have Deschutes County Sheriff s Office approval prior to commencing work. 5) Wash all interior windows. Leave no streaks or unwashed places. Wash and wipe all sills and frames, leaving no water spots. Use drop cloths as required to protect any adjacent surfaces, fixtures and furniture. I. The following services are to be completed as needed. I) Remove spots, stains and all foreign matter (gum, smudges, etc.) from carpets, walk-off mats, tiles, floors, stairs, handrails, furniture, wall partitions, and walls. 2) Clean, disinfect, and deodorize to remove non permanent stains and soil from the interior and exterior of all trash receptacles. Change plastic liners in all trash receptacles. Plastic liners must be adequately sized for the receptacle. 3) Sand in ashtrays at all entrances should be kept clean and changed on an as needed basis. 4) Change cartridges, batteries and aerosol cans for deodorizers in all restrooms. 5) Clean walls, doors, and base cove. 5. INSPECTIONS 1) All monthly, quarterly, semi-annually, and annual cleaning services are to be coordinated with, inspected and approved by the Deschutes County Sheriffs Office. Before commencing work on any of these items the Contractor will contact the Deschutes County Sheriffs Office and a written work schedule will be submitted stating what will be done, where Contractor will be cleaning and when Contractor will be finished with the cleaning. 2) If no contact is made for coordination and inspection and no work schedule is submitted, Sheriffs Office may require that work be redone by Contractor at no Deschutes County Sheriff Page 8 of 11 Scope of Work/Janitorial Service additional cost to the Sheriff's Office. Payment will be withheld until work is completed and notice and inspection requirements are met. 6. EQUIPMENT , MATERIALS AND SUPPLIES I) Equipment must meet all current safety, Occupational Safety and Health Administration and Americans with Disabilities Act requirements. 2) Material Safety Data Sheets must be kept current and provided to the Deschutes County Sheriff's Office. 3) All supplies and equipment must meet the Deschutes County Sheriff's Office approval prior to use in any of the buildings. 4) The required equipment, materials and supplies must be present, on site, and in good operating condition at all times. 5) Carpet and hard surface floor maintenance performed ill accordance with manufacturer's specifications. 7. SUPPLY AND EQUIPMENT STORAGE Satisfactory storage rooms will be made available to the Contractor for storage of equipment, materials, and supplies used in the performance of this contract. The Contractor must keep this area neat, orderly, clean and odor free at all times. 8. GENERAL 1) If the Contractor damages any Sheriff's Office property, or equipment, in the opinion of the Deschutes County Sheriff's Office, Contractor may make replacements and repairs subject to the approval of the Deschutes County Sheriff's Office, or the Contractor may hire another firm to repair the damage at the Contractor's expense. Sheriff's Office property and equipment includes, but is not limited to electronic office equipment, office furniture, walls, carpet, etc. 2) Upon termination of the contract, Contractor shall provide all required and scheduled services including, but not limited to, cleaning the buildings and leaving all dispensers full. Contractor shall return to the Deschutes County Sheriff's Office all keys, lock codes, security passes, and supplies, etc., provided by the Sheriff's Office. 9. KEYS/CARDLOCKS TO BUILDINGS: 1) KEY CONTROL: Special emphasis is placed on security and key control. The security of any lock that there is reason to believe has been breached will be Deschutes County Sheriff Page 9 of 11 Scope of Work/Janitorial Service rekeyed and all keys will be revised and reissued. This is a very expensive process and the Contractor shall be held financially liable for all rekeying and reissuing where the breach is caused by Contractor. This applies to all card lock keys as well. 2) The Deschutes County Sheriffs Office will provide 1 set of keys to all locked doors for each job site. 3) Contractor shall not duplicate any key. 4) If any key is lost, stolen or missing, Contractor shall immediately notify the Deschutes County Sheriffs Office. 10. CANCELLATION OF CONTRACT If the Sheriff s Office vacates or discontinues for office use any job site during the contract period, the Sheriff s Office reserves the right to terminate that portion of the contracted services upon thirty (30) days prior written notice with the contract price adjusted so that the Contractor is being compensated only for the remaining job sites. Likewise, if any job site is partially or totally made unsuitable for office use due to damage by any cause, the compensation for that portion of the contracted services shall be cancelled as of the date such job site was made partially or totally unusable. 11. INVOICING, PAYMENT, MONTHLY REPORTING Contractor shall submit original invoice to: Deschutes County Sheriff s Office Attention: Accounts Payable 63333 W. Highway 20 Bend, Oregon 97701 Payment shall be made to the Contractor at the monthly contracted price upon certification that the Contractor has satisfactorily performed the required services for the month which is the subject of the invoice. Along with the invoice, Contractor shall be required to submit a separate monthly report listing all services performed during that time period. A separate detailed invoice is required for extra work approved by the Deschutes County Sheriffs Office. Invoices shall contain a description of the work done and the amount. The Sheriff s Office will have thirty (30) calendar days after receipt of the invoice to make payment. Deschutes County Sheriff Page 10 of 11 Scope of Work/Janitorial Service 12. STRICT PERFORMANCE The parties, by the Contract, recognizes that the Deschutes County Sheriff s Office has a right to insist upon strict performance by the Contractor. Any failure by the Deschutes County Sheriff s Office to insist upon strict performance of any provisions of the Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during any such breach, shall not constitute a waiver of any rights of the Deschutes County Sheriffs Office under the Contract. 13. INSURANCE Contractor shall provide insurance in accordance with attached Exhibit 2. Deschutes County Sheriff Page 11 of II Scope ofWorkllanitorial Service