Rhode Island § 37-26-1 - Building Service Work

§ 37-26-1. Definitions.

As used in this chapter:

(1) “Auxiliary” means an entity that exists to furnish goods or services to students, faculty, or staff and that charges a fee directly related to the costs of goods or services and are considered “restricted funds.” Auxiliary enterprises are managed as essentially self-supporting activities.

(2) “Building service employee” or “employee” means any person performing building services for a contractor under a contract with a state purchasing entity that is in excess of one thousand dollars ($1,000) and the principal purpose of such contract is to furnish services through the use of building service employees.

(3) “Building services” means any janitorial or security guard services.

(4) “Contractor” means any contractor who or that employs employees to perform building services under a contract with a state purchasing entity and shall include any of the contractor’s subcontractors.

(5) “Governmental agency” means a state or public agency, a county, municipality, or school district.

(6) “Janitorial services” means performance of any duties such as, but not limited to: cleaning and restocking bathrooms; floor cleaning, servicing, and maintenance for attached carpeting, hard surfaces, and walk-off mats at all facility entrances (e.g., vacuuming, washing, sweeping, stripping, waxing, buffing); cleaning of furniture, fixtures, and interior building surfaces (e.g., dusting, washing, and periodic steam cleaning); all related activities under the other Facilities Management and Maintenance Standards (FMMS), such as Solid Waste Management and Integrated Pest Services; use of green cleaning procedures and practices in compliance with all applicable standards.

(7) “Predecessor contract” means the contract preceding that to which is being bid upon or which was recently awarded and to which the current succeeding contract and contractor provide substantially the same building services to the same state purchasing entity or entities.

(8) “Public agency” means any body corporate and politic that has been or will be created or established within this state, excepting cities and towns, and the university of Rhode Island board of trustees, for all purchases that are funded by restricted, sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that are funded by restricted, sponsored, or auxiliary monies.

(9) “Restricted funds and sponsored funds” means those funds expendable for operating purposes but restricted by donors or other outside agencies as to the specific purpose for which they may be expended (e.g., endowment funds, gifts, scholarships, governmental grants, private grants, auxiliary enterprises, restricted operational purposes with use-restrictions designated by the appropriating body).

(10) “Security guard services” means performance of any duties such as, but not limited to: securing premises and personnel by patrolling property; inspecting buildings, equipment, and access points; monitoring of surveillance equipment; investigating disturbances and notifying tenant agency staff and/or police or fire departments in cases of emergency; monitoring and authorizing entrance and departure of employees, visitors, and other persons to guard against theft and maintain security of premises; incident reporting or maintaining a log of activities and irregularities, such as equipment or property damage, theft, presence of unauthorized persons, or unusual occurrences; vehicle patrols; inspection; responding to incidents requiring de-escalation and/or physical intervention.

(11) “Standard benefits” means the greatest of:

(i) The benefit rate determined by the United States Department of Labor pursuant to the “Service Contract Act of 1965” (41 U.S.C. § 351 et seq.); or

(ii) The benefit rate established by the largest collective bargaining agreement (CBA) covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The benefit rate in the predecessor contract. Standard benefits shall be an hourly supplement furnished by a contractor to an employee in one of the following ways:

(A) In the form of health and/or benefits (not including paid leave) that cost the employer the entire required hourly supplement amount;

(B) By providing a portion of the required hourly supplement in the form of health and/or other benefits (not including paid leave) and the balance in cash; or

(C) By providing the entire supplement in cash.

(12) “Standard compensation” means each of the following:

(i) Standard wage;

(ii) Standard benefits; and

(iii) Standard paid leave.

(13) “Standard paid leave” means the greatest of:

(i) Vacation and holiday paid days off determined by the United States Department of Labor pursuant to the “Service Contract Act of 1965” (41 U.S.C. § 351 et seq.) for all types; or

(ii) Vacation and holiday paid days off established by the largest collective bargaining agreement covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The vacation and holiday paid days off in the predecessor contract for the corresponding type.

(14) “Standard wage” means the greatest of:

(i) The wage rate determined by the United States Department of Labor pursuant to the “Service Contract Act of 1965” (41 U.S.C. § 351 et seq.) for Providence County for the relevant type; or

(ii) The wage rate established by the largest collective bargaining agreement covering at least one hundred (100) building service employees performing either janitorial or security guard services, as applicable, other than those employed by a governmental agency or on a governmental agency contract or subcontract in Providence County; or

(iii) The wage rate in the predecessor contract for the corresponding type.

(15) “State agency” means any department, commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state not otherwise established as a body corporate and politic, and includes, without limitation, the council on postsecondary education except for purchases that are funded by restricted, sponsored, or auxiliary monies, the university of Rhode Island board of trustees, except for all purchases that are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and secondary education.

(16) “State purchasing entity” means state and public agencies.