HomeMy WebLinkAboutJANITORIAL SERVICES CONTRACT FOR AUGUSTA FIRE DEPARTMENT ADMINISTRATION OFFICE TO IMMACULATE FACILITIES GROUP, LLC_ RFP-19-191 JANITORIAL SERVICES CONTRACT
This Janitorial Services Contract is entered into by and between Augusta, Georgia, a political
subdivision of the State of Georgia, by and through its Board of Commissioners (hereinafter
referred to as "Augusta"), and Immaculate Facilities Group, LLC (hereinafter referred to as
"Contractor").
WHEREAS, Augusta desires to engage a qualified and experienced Contractor to provide
janitorial services for Augusta Fire Department facilities, as specified in RFP # 19-145C; and,
WHEREAS,Contractor responded to said RFP# 19-145C and has represented to Augusta that
it is experienced and qualified to provide the services contained therein; and,
WHEREAS, Augusta has relied on such representation and selected Contractor as the most
responsive and responsible Contractor based on its submittal.
NOW THEREFORE, in consideration of the foregoing provisions and the mutual benefits derived
therefrom, and for other good and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, Contractor and Augusta agree as follows:
1. Term. This Contract shall commence as of the date executed by Augusta, Georgia
("Commencement Date") and shall have an initial term of two (2) years. This Contract
shall automatically extend for three (3) separate one (1) year terms unless either party
provides notice of termination at least ninety (90) days prior to the end of the then
current term. This Contract shall: (i)terminate absolutely and without further obligation
on the part of Augusta each and every December 31 at 11:59pm, as required by O.C.G.A.
§36-60-13, as amended, unless sooner terminated in accordance with the termination
provisions of this Contract; (ii) automatically renew on each January 1 at 12:00am, unless
terminated in accordance with the termination provisions of this Contract; and (iii)
terminate absolutely, with no further renewals, five (5) years from the Commencement
Date.
2. Description of Services. In consideration of the compensation received under this
contract,the Contractor will provide janitorial services and supplies for the Augusta Fire
Department Administration Building, located at 3117 Deans Bridge Road, Augusta, GA
30906, as specified in RFP # 19-145C and Contractor's submittal thereto.
3. Compensation.
a) The Contractor's rate of compensation will be twenty thousand, seven hundred
eighty dollars and twenty-eight cents ($20,780.28) per year, as set out in Exhibit
"A" "Fee Proposal" attached hereto for janitorial services for the fire department.
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Augusta shall pay the Contractor one thousand, seven hundred thirty-one dollars
and sixty-nine cents ($1,731.69) per calendar month, applicable taxes included,
providing that the work is performed to standards and that all other conditions
are met. If over usage of paper products occur, exceeding mutually agreed upon
standard usage limits, the Contractor will submit for equitable adjustments in
billing to cover these expenses. This will be the total compensation paid to the
Contractor except for payments, if any, made under subparagraphs 3(b) and 3(c)
below.
b) Additional Services: Augusta may request, in writing, the Contractor to provide
additional services pursuant to RFP # 19-145C, as supplemented, submitted by
the Contractor.
c) Additions or Deletions: Augusta may, by written change notice, add or delete
facilities, areas, or service requirements of this contract. Such changes shall be
negotiated on the basis of a prorated price consistent with price the original
provided contained in the Contractor's response to RFP # 19-145C, as
supplemented.
4. Payments. Upon satisfactory completion of all required services, payments shall be
made monthly upon receipt of properly itemized invoices submitted by the Contactor.
Full payment to the Contractor will be made only after work is satisfactorily performed.
All invoices shall be detailing the services provided shall be submitted no later than
ninety (90) calendar days after the date of services have been rendered. Invoices
received after this time has elapsed may be considered null and void. The invoice shall
reference the purchase order number. Notwithstanding anything in the RFP# 19-145 or
Contractor's proposal, Augusta shall have the right to withhold or deduct payments in
the event of Contractor's non-performance. Payments will be considered timely if made
by Augusta within 30 days of receipt of each such invoice.
5. Defective Pricing.To the extent that the pricing provided by Contractor is erroneous and
defective, the parties may, by agreement, correct pricing errors to reflect the intent of
the parties.
6. Georgia Prompt Pay Act. The terms of this contract supersede any and all provisions of
the Georgia Prompt Pay Act.
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7. Advance Payments Prohibited. No payment in advance or in anticipation of services
to be provided under this contract shall be made by Augusta.
8. Responsibilities. The Contractor will adhere to the "Janitorial Specification Schedule" as
set out in RFP # 19-145C, and meet or exceed customary level of quality commensurate
with the highest standards in professional janitorial services. The contractor shall
converse, on a monthly basis, with the Contract Administrator or his/her designee to
ensure that Augusta is satisfied with the service level.
9. Supervision/Employees. The Contractor will perform all work under this contract with
his/her own employees and will assign a supervisor who will oversee the work performed
under this contract and who shall have authority to represent the Contractor in dealing
with Augusta. The name, address, and telephone number of the supervisor will be
furnished to Augusta. Contractor will ensure the following:
a) All employees working under this Contract will be required to have had and
passed background checks prior to working on Fire Department site(s). A copy
will be provide to Augusta only if it includes a listing of a felony conviction and
the Contractor would like to employ the individual on this site. Augusta reserves
the right to request copies of any and all background checks on employees or
subcontractors.
b) All Subcontractors employed by the Contractor for work at this site must be
approved by Augusta and are subject to background verification.
c) The Contractor shall prohibit his/her employees or subcontractors from
disturbing papers on desks,opening desk drawers or cabinets,or using telephone
or office equipment provided for official city business.
d) The Contractor is responsible for the security of the facility during the
performance of these services and shall ensure that all facility exterior doors
remain located during his/her work hours and upon Contractor's departure from
the facility.
e) The Contractor will ensure that industry accepted safe practices are followed in
performance of the work, including but not limited to, placing appropriate
signage warning of wet or newly waxed floors and labeling of containers
containing chemicals. After each period of cleaning and other services,the areas
shall be inspected for fire hazards, unnecessary lights shall be turned off, and
outside doors and windows closed and locked.
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f) The Contractor hereby accepts responsibility for all key cards or keys issued to
the Contractor. The Contractor also agrees that no duplicate key cards or keys
will be made and the Contractor will be responsible for the return of any key cards
or keys that may have been provided to the Contractor's employee or
subcontractors who terminate services with Contractor. Should the Contractor
fail to return any of the key cards or keys issued, the Contractor will be
responsible for all costs associated with ensuring the security of the building as a
result of the failure to return any of the key cards or keys issued, including, but
not limited to, re-keying and/or reprograming of the key card/security system.
g) The Contractor shall prohibit small children from being on the premises during
the time services are being performed.
h) By mutual agreement between Augusta and the Contractor, appropriate action
will be taken concerning employees that disregard the contents of the foregoing
subparagraphs who are incompetent, careless and/or insubordinate, or who do
not exhibit proper dress and decorum expected in city owned facilities. Augusta
may require the Contractor not to assign any worker Augusta deems
incompetent, careless, insubordinate, or otherwise objectionable to perform on
Augusta's jobs.
i) Contractor shall comply with all applicable federal,state,and local laws and codes
regarding work conditions, hours of employment,overtime regulations, methods
and rates of pay and any other regulations regarding employer-employee
relationships.
10. Hours of Work: Janitorial services shall be performed to completion between the hours
of 6 p.m. and 7 a.m. Monday through Saturday each week, unless otherwise specified
'herein or agreed upon. Services shall not be performed in the office areas during office
hours except by permission of Augusta. Upon request, a responsible representative of
the Contractor shall be available during office hours for joint inspection of the premises,
consultation and/or receipt of instructions.
11. Equipment and Supplies. Unless otherwise specified herein,the Contractor shall provide
supplies, including, but not limited to all soaps, paper products, cleaning agents and
plastic trash bags as stated in RFP # 19-145C. Augusta will provide a janitorial closet for
use by the Contractor. The Contractor shall supply all necessary tools, equipment,
waxes, strippers, cleaners, brooms, mops, buckets, buffers and all other tools and
supplies. Materials shall be first quality, shall give good service and shall give results
satisfactory to Augusta.
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12. Drug-Free Workplace. Contractor will not engage in the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana
during the performance of this contract. If Contractor has more than one employee,
including Contractor, Contractor shall provide for such employee(s) a drug-free
workplace program,in accordance with the Georgia Drug-free Workplace Act as provided
in O.C.G. A. Section 50-24-1 et seq., throughout the duration of this Contract.
13. Non-Discrimination. During the performance of this contract, the Contractor shall
comply with all federal and state non-discrimination laws, regulations and policies in
the administration of this contract.
14. Non-Compliance with Non-Discrimination Laws. In the event of the Contractor's non-
compliance or refusal to comply with any non-discrimination law, regulation, or policy
in the administration of this contract,this contract may be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with Augusta. The Contractor shall, however, be given a reasonable time in
which to cure such non-compliance.
15. Subcontracting. The Contractor shall not enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval from
Augusta.
16.Assignment. The Contractor shall neither assign this Contract nor any claim arising
under this Contract without the previous written consent of Augusta.
17.Adverse or Disparaging Comments. Vendor understands that community trust is
integral to the Fire Department's mission and, as such, agrees not to engage in
governmental activities or make comments on equipment, personnel, or the Fire
Department as a whole, that a reasonable person would perceive as adverse or
disparaging to the Fire Department.
18. Non-Exclusivity. Nothing contained in this contract shall be construed to limit in any way
Augusta's right to contract for the same or similar services for which the Contractor is
engaged hereunder during the term of this contract under any terms and conditions,
including, but not limited to any compensation, as Augusta may in its sole discretion
deem appropriate. Nothing contained in this contract shall be construed to limit in any
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way the Contractor's right or ability to make its services available to the general public
during the term of this contract or to enter contracts or other agreements with any other
individual or entity.
19. Insurance Coverage. Prior to commencing service delivery, Contractor will obtain at
least the minimum insurance coverage as specified herein. Said insurance is to be paid
for and kept in force by the Contractor throughout the effective term of this Contract.
Contractor is required upon execution of this Contract,to provide evidence of insurance
coverage, endorsed as specified herein, to Augusta.
a. General Liability: Commercial General Liability or Comprehensive General Liability
insurance on "occurrence" form, having a combined single limit coverage of not less
than $1,000,000 (one million dollars) or more as may be required by Customer, and
endorsed to include contractual liability, personal injury,completed operations, and
broad form property damage liability,insuring Subcontractor against liability arising
out of the business operations of Contractor and services(s) to be performed under
this Contract. Contractor agrees that should aggregate limits of liability be reduced
due to loss or claims, such aggregate limits will be restored to the minimum stated
in the provision. The coverage's, provisions, and limitations of this policy will not
limit liability of Contractor. If, in the reasonable opinion of Augusta, the amount of
liability coverage required is not adequate, or specific Customer requirements raise
such limits, Contractor will increase said insurance limit as required by Customer or
Augusta and provide evidence of such increased coverage to Augusta.
b. Automobile Liability: Combined single limit of not less than $1,000,000 (one million
dollars) which will include owned motor vehicles, non-owned motor vehicles, and
hired motor vehicles and will insure against death or injury to persons and property
damage caused by Contractor in the course and scope of providing services.
c. Worker's Compensation: Worker's Compensation in accordance with the laws of
the State of Georgia.
d. Blanket Fidelity Bond: Fidelity Bond against liability for theft in the amount of
$2,500 or higher,for any one theft.
All policies of insurance required under this paragraph will provide that
they may not be canceled nor the coverage materially changed without
thirty (30) days prior written notice to Augusta. The policies of insurance
for General and Motor Vehicle Liability will name Augusta as additional
insured, will be and so state, that it is primary and that Augusta will incur
no liability.
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20. Licensing, Accreditation and Registration. The Contractor shall comply with all
applicable local, state, and federal licensing, accreditation, and registration
requirements/standards, necessary for the performance of this contract.
21.Specified Excuses for Delay or Non-Performance. Contractor is not responsible for
delay in performance caused by hurricanes, tornadoes, floods, and other severe and
unexpected acts of nature. In any such event, the contract price and schedule shall be
equitably adjusted.
22. Prohibition Against Contingent Fees. The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by Contractor for the purpose of securing business and that the
Contractor has not received any non-Augusta fee related to this contract without the
prior written consent of the Augusta. For breach or violation of this warranty,the Augusta
shall have the right to annul this contract without liability or at its discretion to deduct
from the Contract Price of consideration the full amount of such commission,
percentage, brokerage or contingent fee.
23. Conflicting and Precedence. The Contract Documents are complementary and what is
called for one is as binding as if called for by all. In the event there are any conflicting
provisions or requirement in the component parts of this Contract, the several Contract
Documents shall take precedence in the following order:
Contract (including Exhibits and Attachments)
Amendments to the Contract
Bid Item # 19-145C
Vendor's Response to Bid Item # 19-145C
24. Changes and Modifications. Any change or modification to this contract must be in
writing and signed by both parties.
25. Independent Status of Augusta and Contractor. The parties to this contract, in the
performance of it, will be acting in their individual capacities and not as agents,
employees, partners,joint ventures, or associates of one another. The employees or
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agents of one party shall not be considered or construed to be the employees or agents
of the other party for any purpose whatsoever. The Contractor will not hold
himself/herself out as, nor claim to be an officer or employee of Augusta by reason of
this contract.
26.Termination- General. This contract may be terminated, in whole or in part, without
cause, by either party upon sixty (60)days written notice. The Contractor shall be paid
for any validated services under this contract up to the time of termination.
27.Termination for Cause. In the event of non-performance or unsatisfactory performance
by the Contractor of any obligation of this contract or RFP #19-145C, or the Contractor
is in substantial non-compliance with any of its terms, to include but not limited to
multiple acts of a similar nature, Augusta may terminate this contract under The
Termination For Cause clause, provided that Augusta shall give written notice to the
Contractor of said non-performance or unsatisfactory performance or substantial non-
compliance. Provided further, the Contractor shall have five (5) days after such notice
to cure said failure or non-compliance. Should the Contractor fail to remedy the same
within said period, Augusta shall then have the right to terminate the Contract by giving
Contractor ten (10)calendar days' written notice of termination. Provided further,that
a major violation of the contract specification dealing with building security could result
in immediate termination of this contract without the five (5) day notice requirement.
This Contract can be canceled or terminated without notice in the event the Contractor
fails to maintain the required Certificates of Insurance, Permits, and Licenses.
28.Termination Procedure. After receipt of notice of termination, and except as otherwise
directed byAugusta,the Contractor shall:
a) Stop work under this contract on the date and to the extent specified in the notice;
b) Place no further orders for materials,services, or facilities except as may be
necessary for completion of such portion of this contract as is not terminated;
c) Complete performance of any part of this contract as shall not have been
terminated by Augusta;
d) Takeall action as may be necessary,or as Augusta maydirect,for the
protection and preservation of property of Augusta which is in the possession
of the Contractor.
e) Unless otherwise provided in this contract, Augusta shall pay to the Contractor the
agreed upon price for services provided to Augusta prior to the effective date of
termination, unless the termination is for cause, in which case Augusta shall
determine the extent of liability. Augusta may withhold from any amounts due
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the Contractor for services such a sum as Augusta determines to be necessary to
protect Augusta against potential loss or liability. The rights and remedies of
Augusta provided in this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this contract.
29. Indemnification. To the fullest extent of the Law, the Contractor shall protect,
indemnify, and save Augusta, including its current and former trustees, officers,
directors, employees, volunteer workers, agents, and assigns harmless from and
against any claims, damage, cost or liability, including but not limited to reasonable
attorney fees, arising out of, or from its performance under this contract, for injuries
to persons or property arising from acts or omissions of Contractor, his employees,
agents or subcontractors, howsoever caused. The Contractor will be responsible for
any damages sustained by his employees to Augusta property, equipment and/or
fixtures and shall provide all repairs/replacements, as appropriate, at no cost to
Augusta. Such obligation shall not be construed to negate, abridge or reduce other
rights or obligations of indemnity which would otherwise exist in the absence of this
contract.
30. Open Records Act. Notwithstanding anything contained herein, the parties acknowledge
that Augusta is required to comply with Georgia's Open Records Act (O.C.G.A. § 50-18-70
et seq.) with respect to the inspection of all public records not specifically exempted
under such Act. Contractor shall cooperate fully in responding to such request
and make all records not exempt, available for inspection and copying as
provided by law. The parties agree that a disclosure by Augusta pursuant to such Act
shall not be a violation of the provisions of this contract.
31. Records, Documents, and Reports. The Contractor will retain all books, records,
documents, and other materials relevant to this contract for five years after each
Contract year and make them available at all reasonable times to inspection,
review, or audit by personnel authorized by Augusta.
32.Safeguarding of Information. The use or disclosure by the Contractor of any
information obtained as a result of performance under this contract concerning
Augusta for any purpose not directly connected with the administration of the
Contractor's responsibilities with respect to services provided under this contract, is
prohibited except by written consent of Augusta.
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33.Severability. If any provision of this contract or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect other
provisions of this contract which can be given effect without the invalid provision, and
to this end the provisions of this contract are declared severable.
34. Waiver. Waiver of any breach of any provision of this contract shall not be considered
a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the contract unless stated to be such in writing, signed by
the Contracting Officer or her delegate and attached to the original contract.
35.Temporary Suspension or Delay Of Performance Of Contract. To the extent that it
does not alter the scope of this contract Augusta may unilaterally order a temporary
stopping of the work, or delaying of the work to be performed by Contractor under this
contract.
36. Governing Law and Jurisdiction. This contract shall be construed and interpreted in
accordance with the laws of the State of Georgia. All claims, disputes, and other matters
in question between Augusta and Contractor arising out of or relating to the Contract or
the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia
or the United States District Court for the Southern District of Georgia,Augusta Division.
By executing this Contract, Contract specifically consents to the jurisdiction and venue in
Richmond County, Georgia, and waives any right to contest the jurisdiction and venue.
37. E-Verify. All Contractors and subcontractors entering into Contracts with Augusta, GA
for the physical performance of services shall be required to execute an Affidavit
verifying its compliance with O.C.G.A. § 13-10-91 stating affirmatively that the individual,
firm, or corporation which is contracting with Augusta, Georgia has registered with and
is participating in a federal work authorization program. All contractors and
subcontractors must provide their E-Verify number and must be in compliance with the
electronic verification of work authorized programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information
of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986
(IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines
established in O.C.G. A. § 13-10-91 and shall continue to use the federal authorization
program throughout the contract term. All Contractors shall further agree that, should
it employ or contract with any subcontractor(s) in connection with the physical
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performance of services pursuant to its contract with Augusta, Georgia the contractor
will secure from each subcontractor(s)each subcontractor's E-Verify number as evidence
of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit
provided in Rule 300-10-01-08 or a substantially similar form. All contractors shall
further agree to maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform
such physical services.
38. Local Small Business. In accordance with Chapter 10B of the Augusta, Ga, Code,
Contractor expressly agrees to collect and maintain all records necessary for Augusta,
Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program
and to make such records available to Augusta, Georgia. The requirements of the Local
Small Business Opportunity Program can be found at www.augustaga.gov. In
accordance with Augusta, Ga Code § 1-10 129(d)(7), for all contracts where a local small
business goal has been established, the contractor is required to provide local small
business utilization reports. Contractor shall report to Augusta, Georgia the total dollars
paid to each local small business on each contract, and shall provide such payment
affidavits, regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the Director of Minority
and Small Business Opportunities, and shall be submitted at such times as required by
Augusta, Georgia. Failure to provide such reports within the time period specified by
Augusta, Georgia shall entitle Augusta,Georgia to exercise any of the remedies set forth,
including but not limited to, withholding payment from the contractor and/or collecting
liquidated damages.
39.Acknowledgement. Contractor acknowledges that this contract and any changes to it by
amendment, modification, change order or other similar document may have required
or may require the legislative authorization of the Board of Commissioners and approval
of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge
concerning Augusta, Georgia's ability to assume contractual obligations and the
consequences of Contractor's provision of goods or services to Augusta, Georgia under
an unauthorized contract, amendment, modification, change order or other similar
document, including the possibility that the Contractor may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Contractor
agrees that if it provides goods or services to Augusta, Georgia under a contract that has
not received proper legislative authorization or if the Contractor provides goods or
services to Augusta, Georgia in excess of the any contractually authorized goods or
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services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may
withhold payment for any unauthorized goods or services provided by Contractor.
Contractor assumes all risk of non-payment for the provision of any unauthorized goods
or services to Augusta, Georgia, and it waives all claims to payment or to other remedies
for the provision of any unauthorized goods or services to Augusta, Georgia, however
characterized, including, without limitation, all remedies at law or equity." This
acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for
goods and services, except revenue producing contracts.
40.Entire Agreement. This Contract contains all the terms and conditions agreed upon by
the parties. All items incorporated in this Contract by reference are attached. No other
understandings, oral or otherwise, regarding the subject matter of this contract shall be
considered to exist or to bind any of the parties to this agreement unless otherwise
stated in this Contract
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Contract in triplicate, each of which shall be deemed
an original on the date first above written.
This J 6 day of l•� l� , 20 19 t .
AUGUSTA, GEORGIA CONTRACTOR
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Exhibit A
FEE PROPOSAL
RFP Item 19-191 Janitorial Services for the Fire Department Administration Building
Name of Firm Immaculate Facilities Group LLC
Address 360 BAY STREET-SUITE 140
City&State AUGUSTA GA Zip 30901
Phone 706-432-9535 /fax: 706-869-5820
Email: : ife@ife-us.ccm
The fee proposal should include all expenses associated with providing these services.
The firm's standard rate fee and expense schedule(s)shall also be included(Attach
additional sheets If more space is required).
Lump Sum: S1,731.69 /Monthly
Annual Lump Sum:
Monthly Lump Sum X 12 months $20.780.28 /Annual
Signature ; fez, Date 41— / _. 2e).0
Name(Printed)James Alexander
Title President&CEO
SUBMIT THIS PAGE IN A SEPARATE SEALED ENVELOPE LABELED:
RFP 19-191 Janitorial Services for the Augusta Fire Department Administration
Building FEE PROPOSAL