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HomeMy WebLinkAboutAgenda - 01-22-2009 - 4i ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 22, 2009 Action Agenda Item No. 4-- j SUBJECT: Solid Waste Management Custodial Contract with OE Enterprises, Inc. DEPARTMENT: Solid Waste, Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Agreement Gayle Wilson, 968-2885 Pam Jones, 245-2652 PURPOSE: To approve a contract with OE Enterprises, Inc. for custodial services at the Solid Waste Operations Center. BACKGROUND: The County's new Solid Waste Operations Center at 1207 Eubanks Road is scheduled to be completed and occupied this month. The Department has for several years contracted with private custodial vendor for janitorial services for its administrative offices and other structures at the landfill. Based on very positive recommendations from other County departments, the Solid Waste Management Department wishes to begin contracting with OE Enterprises for the provision of custodial services for the new facility and landfill buildings. The custodial services for several County buildings are now under contract with OE Enterprises. Those contracts are written on a per facility basis. The County may choose to investigate benefits of consolidating all existing contracts for custodial services under one master agreement in 2009, at which time the subject agreement will also be incorporated. FINANCIAL IMPACT: OE Enterprises has offered to provide evening custodial services for the Solid Waste Management Department for the amount of $1,775.00/month, beginning January 26, 2009, or as soon thereafter as practical. Contract management is generally more efficient if multiple contracts can expire on the same date. To that end, the term of the initial contract for Solid Waste is approximately 17 months in order to allow a June 30 expiration date. The value of the contract being approved is, therefore, approximately $30,175. Sufficient funds are included in the approved Solid Waste Management Department budget for FY 2008/09 to cover the approximately $8,875 needed for the five months remaining in the fiscal year. RECOMMENDATION (S): The Manager recommends the Board approve the proposed custodial service contract with OE Enterprises from February 1, 2009 through July 1, 2010; and authorize the Chair to sign on behalf of the Board. OE Enterprises, Inc., Commercial Cleaning Agreement 2 OE Enterprises, Inc., ("OE"), a North Carolina nonprofit corporation, hereby agrees to supply janitorial services to Orange County,North Carolina on behalf of its Solid Waste Department (The Customer) at the Solid Waste Administrative Offices on Eubanks Road, Chapel Hill,NC (the "Center"), according to the following terms, beginning February 1, 2009: 1) The monthly Janitorial Service Fee charged by OE to Customer for all work performed under the terms of this Agreement will be $1,775.00. OE shall be responsible for providing Janitorial Services (5) day per week at the Center(Monday through Friday). Janitorial Services shall be performed after the normal hours of operation for the Center(specifically, the Janitorial Services shall be performed after 5:00 pm Monday through Friday). Extra services in addition to the Janitorial Services provided pursuant to this Agreement shall be billed at the rate of$30.00 per hour. See Attachment A that is incorporated into this Agreement by reference for a description of the "Janitorial Services" including areas of the Center to be serviced and specific services to be provided as part of this Agreement. 2) Prior to beginning work under this Agreement, OE shall complete a"Site Work Plan"that corresponds to the specifications in Attachment A and submit it to the Customer for review and comment. The Site Work Plan, at a minimum, will describe the equipment OE will utilize to complete the Janitorial Services, back-up equipment that will be used by OE in case of failure of the primary equipment, and how many employees OE will use to complete the Janitorial Services along with a proposed schedule for all such employees. 3) OE will perform all Janitorial Services listed in Attachment A in a manner satisfactory to Customer as determined by Customer's sole discretion. All Janitorial Services are to be performed completely and in a professional manner to the satisfaction of the Customer in accordance with Attachment A. OE must have a supervisor who will personally oversee all work performed by OE at the Center. The assigned supervisor must have the authority to represent OE in dealings with the Customer and shall be Customer's primary contact with OE. The name, address, and telephone number of this Supervisor will be furnished to the Customer prior to February 1, 2009. The Customer shall perform periodic inspections of the Janitorial Services performed by OE at the Center(these inspections shall take place at least monthly, but more frequently at the discretion of the Customer). In the event of non- performance by OE of any of the Janitorial Services to be performed under this Agreement, Customer will provide verbal notification to the supervisor along with written notification to OE of the deficiency(the "Notice of Deficiency"). OE shall acknowledge receipt of any and all Notice of Deficiency communicated to the supervisor by Customer within twenty-four (24)hours of its receipt of all such Notices of Deficiency. OE shall maintain a record of all written and oral service issues reported by Customer to OE, including corrective action taken by OE in response. OE shall make this record available to the Customer when requested. OE shall correct/resolve any and all identified issues within 36 hours of its receipt of a Notice of Deficiency. On request of Customer, an officer of OE shall make himself/herself available during normal business hours for joint inspection of the Center, general consultation pertaining to this Agreement, and/or receipt of further instructions regarding the Janitorial Services. In addition to Customer inspections, supervisor(or another employee of OE approved by Customer) shall inspect the Center on a weekly basis and maintain a logbook recording the weekly self-inspections. Any and all deficiencies or problems with the OE Enterprises, Inc., Commercial Cleaning Agreement 3 Janitorial Services noted by OE shall be recorded in this logbook along with corrective action taken. This logbook shall be made available to the Customer when requested. 4) OE's employees and agents shall be prohibited from the following activities while performing any and all work at the Center: moving and reading work papers; opening desk drawers and cabinets; using telephones (except in cases of an emergency) and office equipment. OE shall not allow its agents or employees to bring children and other persons who are not paid by OE for the performance of the Janitorial Services into the Center during the time the Janitorial Services are being performed or at another time during the performance of this Agreement. OE is responsible for the security of the Center during the performance of all work performed under this Agreement. OE shall ensure that the Center's entryways remain locked at all times during OE's performance of any and all services under this Agreement. OE shall ensure that all Center doors are locked and all lights turned off upon OE's departure from the Center each evening. 5) Keys and access codes to the Center and other Customer property issued to OE may not be reproduced by OE or given to any person who is not an employee or agent of OE. OE shall be responsible for the proper return of any and all keys that may have been provided to OE agents or employees who terminate employment with OE. OE shall contact Orange County Solid Waste if it requires additional keys. Keys or access codes must be safeguarded and accounted for. OE is responsible for lost keys and compromised access codes. All keys to the Center must be returned to Orange County Solid Waste by 9am of the morning of the first working day following the expiration or termination of this Agreement. OE shall be responsible for all keys in their possession and access codes issued to its agents or employees. OE shall be held financially responsible for any damage and loss due to misappropriation, loss of Customer keys, and compromise of access codes. Responsibility to include ALL costs incurred, including re-keying of all locks, re-configuring electronic access systems, and reissuing new keys. 6) OE shall provide copies of background checks for all individuals performing work under this Agreement. All OE workers shall be required to have identification that identifies them as employees of OE on their person while at the Center. 7) OE will provide all paper products (towels and toilet tissue), hand soap, and can liners necessary of the performance of the Janitorial Services. OE will also provide all remaining cleaning supplies and equipment necessary for the professional performance of the Janitorial Services. 8) OE will carry sufficient Comprehensive General Liability insurance (with limits that shall be mutually acceptable to OE and Customer) and Worker's Compensation insurance. OE shall provide a Certificate of Insurance showing Customer as an additional insured prior to the commencement of any services under this Agreement and upon each renewal of coverage throughout the term of this Agreement. All Certificates of Insurance shall include language OE Enterprises, Inc., Commercial Cleaning Agreement 4 assuring Customer that it will be notified upon expiration of coverage for any reason ("endeavor to" language is not acceptable). 9) OE shall maintain daily work logs containing names and hours of all persons performing the Janitorial Services under this Agreement. This daily log shall be made available to Customer for review and Customer's request. 10)The term of this agreement is for a partial fiscal year beginning on the date this Agreement is executed by Customer and expiring on June 30, 2010. This Agreement may be canceled by either party for any reason with a thirty(30) day advance written notice to the other party. 11)The monthly service charge will be in effect for the term specified in Section 10 unless changes in the Janitorial Services listed on Attachment A take place. In the event such changes are requested by Customer or OE, the requesting party will notify the other party in writing of such a request and if agreed to, an amendment to this Agreement shall be executed by both parties before any such changes to this Agreement become effective. 12)OE's monthly Janitorial Service Fee is to be paid by the 15th of the month in which service is provided. OE shall deliver monthly Invoices to Customer on or before the first day of every month during the term of this Agreement. 13)The Customer agrees that it will not employ or contract with any OE employee directly for any of the services listed on Exhibit A for one (1)year after the termination of this Agreement without OE's written consent. 14) OE shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of Orange County or the Public Works Department. OE shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between Orange County or the Public Works Department and OE. OE shall not be considered an officer, agent, servant or employee of Orange County of the Public Works Department, nor shall OE be entitled to any benefits available or granted to employees of Orange County or the Public Works Department. 15) Subcontractors/Assignment. OE shall obtain County approval before using any subcontractors or sub consultants. This Agreement may not be assigned in whole or in part by OE without the prior written consent of the County. 16) OE agrees to indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the performances of the Janitorial Services caused in whole or in part by the negligence or misconduct of OE except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this Provision to require the OE to indemnify the County to the fullest extent permitted under North Carolina law. • OE Enterprises, Inc., Commercial Cleaning Agreement 5 IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. COUNTY: ATTEST: BY: Valerie Foushee, Chair Donna S. Baker, Clerk to the Board OE Enterprises: WITNESS: Signature Signature Printed Name and Title Printed Name and Title This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director WORK SCHEDULE-SOLID WASTE FACILITY � 6 e s DAILY 2 X WEEK 3 X WEEK WEEKLY MONTHLY QTRLY 6 MOS YEARLY VACUUM X SPOT CLEAN X STEAM CLEAN X i SWEEP X DUST MOP X ., DAMP MOP X BUFF N/A SCRUB AND TOP COAT N/A STRIP AND REFINISH N/A SWEEP-DETAIL X DUST MOP X DAMP MOP X - - - - - - SWEEP OR VACUUM X _. SPOT MOP X . DAMP MOP X SCRUB X 1 WORK SCHEDULE-SOLID WASTE FACILITY ITEMS DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS I YEARLY I SPOT CLEAN X — — - -" WIPE DOWN X rl WIPE DOWN PARTITIONS X SPOT CLEAN—BELOW 70" X F CLEAN SWITCH COVERS X SWEEP/MOP X DUST _ REMOVE COBWEBS A/N X CI INTERIOR X ij EXTERIOR—INSIDE X PRICE QUOTED FOR OUTSIDE �,V , : � c , R i tk CLEAN PUSHPLATES, KICKPLATES X , POLISH PUSHPLATES, KICKPLATES X DUST OR WIPE DOOR SURFACES X 2 WORK SCHEDULE-SOLID WASTE FACILITY ITEMS DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS YEARLY DUST X DUST X TOTAL CLEAN AN DUST X VACUUM X STEAM CLEAN X VEMIIMMEINIIMENIERSERIVIIISMENVIMmilicip s • DUST AN POLISH AN DUST X 3 WORK SCHEDULE-SOLID WASTE FACILITY ITEMS DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS YEARLY u t •u .'�.,. ��. , x : ,.. >. w Ewa•, a •,� ill DAMP WIPE BASINS AND COUNTERS X SANITIZE BASINS AND COUNTERS X CLEAN TOILETS X SANITIZE TOILET BOWLS X CLEAN URINALS X SANITIZE URINALS X CLEAN CHROME SURFACES X .! POLISH CHROME SURFACES X EMPTY WASTE RECEPTACLES X DAMP WIPE WASTE RECEPTACLES X SANITIZE WASTE RECEPTACLES X EMPTY SANITARY NAPKIN CONTAINERS X DAMP WIPE NAPKIN CONTAINERS X SANITIZE NAPKIN CONTAINERS X . CLEAN STALL DIVIDER PARTITIONS X . CLEAN MIRRORS X REPLACE CONSUMABLES X fzf;.(iicVd CLEAN SINKS AND COUNTERTOPS X DUST APPLIANCES X . DAMP WIPE APPLIANCES X DUST CHAIRS X DAMP WIPE CHAIRS X CLEAN TABLES X EMPTY WASTE RECEPTACLES X Fl DAMP WIPE WASTE RECEPTACLES X 4 WORK SCHEDULE-SOLID WASTE FACILITY ITEMS DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS YEARLY SANITIZE WASTE RECEPTACLES X REPLACE CONSUMABLES X Eig DUST COVERS X y.. VACUUM X DAMP WIPE A/N SWEEP FLOOR _... X MOP FLOOR W/DEGREASER X _ EMPTY TRASH X fl REPLACE PAPER PRODUCTS X niCLEAN ENTRANCE GLASS X EMPTY CIGARETTE URNS X POLICE TRASH WITHIN 50 FT. X REMOVE COBWEBS X POLICE SIDEWALKS r. DAMP WIPE X SANITIZE X POLISH X EMPTY X WIPE DOWN OUTSIDE X WIPE DOWN INSIDE X 0 5 pgz- 11izlo? y—i ■ 4� _Please return this copy to Clerk to the Board's office for PAF OE Enterprises, Inc., Commercial Cleaning Agreement OE Enterprises,Inc.,("OE"), a North Carolina nonprofit corporation,hereby agrees to supply janitorial services to Orange County,North Carolina on behalf of its Solid Waste Department (The Customer)at the Solid Waste Administrative Offices on Eubanks Road,Chapel Hill,NC (the "Center"), according to the following terms,beginning February 1,2009: • 1) The monthly Janitorial Service Fee charged by OE to Customer for all work performed under the terms of this Agreement will be$1,775.00. OE shall be responsible for providing Janitorial Services(5)day per week at the Center(Monday through Friday).Janitorial Services shall be performed after the normal hours of operation for the Center(specifically, the Janitorial Services shall be performed after 5:00 pm Monday through Friday). Extra . services in addition to the Janitorial Services provided pursuant to this Agreement shall be • billed at the rate of$30.00 per hour. See Attachment A that is incorporated into this Agreement by reference for a description of the"Janitorial Services"including areas of the Center to be serviced and specific services to be provided as part of this Agreement. 2) Prior to beginning work under this Agreement,OE shall complete a"Site Work Plan"that corresponds to the specifications in Attachment A and submit it to the Customer for review and comment. The Site Work Plan,at a minimum,will describe the equipment OE will utilize to complete the Janitorial Services,back-up equipment that will be used by OE in case of failure of the primary equipment,and how many employees OE will use to complete the Janitorial Services along with a proposed schedule for all such employees. 3) OE will perform all Janitorial Services listed in Attachment A in a manner satisfactory to Customer as determined by Customer's sole discretion.All Janitorial Services are to be performed completely and in a professional manner to the satisfaction of the Customer in accordance with Attachment A. OE must have a supervisor who will personally oversee all work performed by OE at the Center.The assigned supervisor must have the authority to • represent OE in dealings with the Customer and shall be Customer's primary contact with OE. The name,address,and telephone number of this Supervisor will be furnished to the • Customer prior to February 1,2009. The Customer shall perform periodic inspections of the • Janitorial Services performed by OE at the Center(these inspections shall take place at least monthly,but more frequently at the discretion of the Customer). In the event of non- performance by OE of any of the Janitorial Services to be performed under this Agreement, Customer will provide verbal notification to the supervisor along with written notification to OE of the deficiency(the"Notice of Deficiency"). OE shall acknowledge receipt of any and all Notice of Deficiency communicated to the supervisor by Customer within twenty-four (24)hours of its receipt of all such Notices of Deficiency. OE shall maintain a record of all written and oral service issues reported by Customer to OE,including corrective action taken by OE in response. OE shall make this record available to the Customer when requested. OE shall correct/resolve any and all identified issues within 36 hours of its receipt of a Notice of Deficiency. On request of Customer, an officer of OE shall make himself/herself available during normal business hours for joint inspection of the Center,general consultation pertaining to this Agreement, and/or receipt of further instructions regarding the Janitorial Services. In addition to Customer inspections,supervisor(or another employee of OE approved by Customer)shall inspect the Center on a weekly basis and maintain a logbook recording the weekly self-inspections. Any and all deficiencies or problems with the • • OE Enterprises, Inc., Commercial Cleaning Agreement assuring Customer that it will be notified upon expiration of coverage for any reason ("endeavor to"language is not acceptable). 9) OE shall maintain daily work logs'containing names and hours of all persons performing the Janitorial Services under this Agreement. This daily log shall be made available to Customer for review and Customer's request. 10)The term of this agreement is for a partial fiscal year beginning on the date this Agreement is executed by Customer and expiring on June 30,2010. This Agreement may be canceled by either party for any reason with a thirty(30)day advance written notice to the other party. 11)The monthly service charge will be in effect for the term specified in Section 10 unless • changes in the Janitorial Services listed on Attachment A take place. In the event such • changes are requested by Customer or OE,the requesting party will notify the other party in writing of such a request and if agreed to,an amendment to this Agreement shall be executed by both parties before any such changes to this Agreement become effective. 12)OE's monthly Janitorial Service Fee is to be paid by the 15th of the month in which service is provided. OE shall deliver monthly Invoices to Customer on or before the first day of every month during the term of this Agreement. 13)The Customer agrees that it will not employ or contract with any OE employee directly for any (of the services listed on Exhibit A for one(1)year after the termination of this )Y Agreement without OE's written consent. 14) OE shall perform all work and services described herein as an independent contractor and not as an officer, agent,servant or employee of Orange County or the Public Works Department.OE shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between Orange County or the Public Works Department and OE. OE shall not be considered an officer, agent,servant or employee of Orange County of the Public Works Department,nor shall OE be entitled to any benefits available or granted to employees of Orange County or the Public Works Department. . 15) Subcontractors/Assignment. OE shall obtain County approval before using any subcontractors or sub consultants. This Agreement may not be assigned in whole or in part by OE without the prior written consent of the County. 16) OE agrees to indemnify and hold harmless the County from all loss, liability,claims or expense,including attorney's fees, arising out of or related to the performances of the Janitorial Services caused in whole or in part by the negligence or misconduct of OE except to the extent same are caused by the negligence or willful misconduct of the • County. It is the intent of this Provision to require the OE to indemnify the County to the fullest extent permitted under North Carolina law. WORK SCHEDULE-SOLID WASTE FACILITY DAILY 2 X WEEK 3 X WEEK WEEKLY MONTHLY QTRLY B MOS YEARLY • — ® NX W u }; y cLLiNiit wi o 'kf 1. tor pvAVo i,' . . . . - ` s �, 11 ,04. E VACUUM eT➢�i'o j�S.E,a'�ifi.�iF a Su`3?.I.:z5". .c...:J� X n SPOT CLEAN X STEAM CLEAN X " ""'��Y iIt jai 4 � s i. f rIR'1" -- f F7d aa r ti4 art a Lg'®R' ® R A"5 ±MsE'M'M,'it±��d ' . . � ;P sMig ➢nr .�, '? r w� c ..`� tr„�.` .` :!¢ - t ' .'L:� • in SWEEP X DUST MOP X r] DAMP MOP X • F BUFF N/A Oa SCRUB AND TOP COAT N/A STRIP AND REFINISH N/A �— r5® Ta RJ1 ;aa gi, i nt? P' ,] Y VRu rfdl SWEEP-DETAIL X • DUST MOP X r] DAMP MOt�Py �q �X• • ©� 0,3 is sic'.t e iF"r?;� 4 L{r9�:.y.���1' ,�4e .�cs't- `'.54F"� y '; ',:G ,."•iii Y. ' 1 5. € _yp.r �:.��.'; �a r r lca K_= t 4�n -�����*"�9F�r� 9 1 � � � �_� ,r���- .�ra"�4� �" ' rat s �•. .��; '� k��s �6'� n SWEEP OR VACUUM X E SPOT MOP X • DAMP MOP X • SCRUB X • • WORK SCHEDULE-SOLID WASTE FACILITY • ITEMS g r�Y,r r DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS I YEARLY I 30.5? r0.0.1i `I ;�".s'-R MEF RI y ry aa Via: a rte fe'*g S3 Ryyme�r ER • SPOT CLEAN X WIPE DOWN X M WIPE DOWN PARTITIONS X W rli E TRYM_ N°.'"i i ERTIMIl ''ii MUM "4 ...IMAM SPOT CLEAN-BELOW 70" X CLEAN SWITCH COVERS X .r hlif V aRF R a i ..xi: •L EM NA-4' ,'W ;s1,4';! •• • SWEEP/MOP X • tig i r a F5 MA Y Wi.. .. ffi .. NNOW n_ a E,-'gef:= j"MOW' t;: DUST X r3 REMOVE COBWEBS A/N "!s;F' Ed2'„ .,..Ilt7ERx,?Luata,c.€.NE.A.;Sarra,MI.,r,irti;�F,pBa:rs 4=MOW ' ; sei c 7i.. °E lft'•eki . M , n INTERIOR X • _ El EXTERIOR INSIDE X PRICE QUOTED FOR OUTSIDE ?.0®"S z� zflt i toz3 c 3i a �c e sc�'a?a�c7�r rt-':�acta a 3 't Y , as 3a ;rs c •w a Yt.�a v o ;a2� }aGe 3 �P� �� aq . .. a•. r ,,,:.,'4 r. �._� a.S� - r _'�,.Y'�..�;.n r!�u"3 y�-_,.: CLEAN PUSHPLATES, KICKPLATES X • POLISH PUSHPLATES, KICKPLATES X DUST OR WIPE DOOR SURFACES X • • • • WORK SCHEDULE-SOLID WASTE FACILITY ITEMS DAILY 2 X WEEK 3/WEEK WEEKLY MONTHLY QTRLY 6 MOS YEARLY Os DAMP WIPE BASINS AND COUNTERS X E SANITIZE.BASINS AND COUNTERS X El CLEAN TOILETS X • SANITIZE TOILET BOWLS X El CLEAN URINALS X • SANITIZE URINALS X El CLEAN CHROME SURFACES X • POLISH CHROME SURFACES X EMPTY WASTE RECEPTACLES X DAMP WIPE WASTE RECEPTACLES X 'i SANITIZE WASTE RECEPTACLES X EMPTY SANITARY NAPKIN CONTAINERS X E4 DAMP WIPE NAPKIN CONTAINERS X • SANITIZE NAPKIN CONTAINERS X El CLEAN STALL DIVIDER PARTITIONS X ri CLEAN MIRRORS X • REPLACE CONSUMABLES X i 2 iT,3 i"7a u,i�i°s' r� Ya4 i+ ro 3 V i -a , ray eF,�e P ..e - e ' t _ .�.. -35w i�^°?�`��`a-4���f�SY�eE M.°b'��.�o��?^a? S6' .. S',Er... ,:,' -.x�c w�C� { °. r:.'6.. �i131t M WNW ti .... .' El CLEAN SINKS AND COUNTERTOPS X f DUST APPLIANCES X • • El DAMP WIPE APPLIANCES X • ra DUST CHAIRS X ri DAMP WIPE CHAIRS X • CLEAN TABLES X . EMPTY WASTE RECEPTACLES X • DAMP WIPE WASTE RECEPTACLES X •