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HomeMy WebLinkAboutAgenda - 06-02-2009 - 4tORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. ~~ SUBJECT: Orange County Custodial Services Contract DEPARTMENT: Public Works, Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Contract INFORMATION CONTACT: Wayne Fenton, 245-2628 Pam Jones, 245-2652 PURPOSE: To approve a contract with Orange Enterprises (OE Enterprises, Inc.) for custodial services at several Orange County buildings including the Orange County Animal Services Center, Orange County Emergency Services Center, Central Orange Senior Center, County- occupied portions of the Gateway Center, and Orange County Office building. BACKGROUND: As part of the FY 2008-2009 budget, the Board approved funds for the Public Works Department to contract for custodial services for the Orange County Animal Services Center, Orange County Emergency Services Center, Central Orange Senior Center, the Seymour Senior Center and County-occupied portions of the Gateway Center, with OE Enterprises. The Board has previously approved contracts for each of these locations. The original proposal from Public Works also included contracting with Orange Enterprises (OE Enterprises, Inc.) for the Orange County Library and the Justice Facility. As part of the department's efforts to cut costs, Public Works is now proposing to provide service for these locations, in addition to the Seymour Senior Center (currently served by OE Enterprises) using in-house staff that are currently providing daytime service, and by equipping all in-house staff with new, more efficient equipment. Table 1 presents information about locations where OE Enterprises does, or was proposed to, provide custodial service under contract during FY 2008-2009. The table also presents the proposed service provider for each location during FY 2009-2010. TABLE 1 CONTRACTED CUSTODIAL SERVICE LOCATIONS FY 2008-2009 & FY 2009-2010 LOCATION Square Feet Service FY 08-09 Service FY 09-10 Pro osed Seymour Senior Center 25,000 OE Enterprises Public Works ro osed Gatewa Center 22,846 OE Enter rises OE Enter rises Emergency Services Center 11,000 OE Enterprises OE Enterprises (excludes warehouse Central Orange Senior Center 19,700 (includes OE Enterprises OE Enterprises Adult Da Care Animal Services Center 6,200 (selected OE Enterprises (scheduled) OE Enterprises portions of building onl Justice Facility 21,511 OE Enterprises (proposed) Public Works to two floors ro osed Office Building 46,716 OE Enterprises (proposed) OE Enterprises ro osed Library 23,454 OE Enterprises (proposed) Public Works ro osed Hillsborou h Commons hase 1 56,000 OE Enter rises ro osed To be determined As part of cost reduction efforts by the department, Public Works has proposed measures (including reassignment of daytime staff to evening work, use of larger equipment to increase productivity, and reduction in frequency of some services, including vacuuming and dusting) that would allow locations previously proposed for contracting to be served by existing staff resources. These locations (Robert & Pearl Seymour Center, Justice Facility and new County Library) have not been included in the proposed contract for FY 2009-2010. This proposal was included as part of the Public Works budget submittal for FY 2009-2010. The estimated savings from performing custodial services at these locations with in-house resources is $124,700. This reduction was included as a "Potential Change in County Service Delivery" in the "Manager's Recommended Budget" for FY 2009-10. FINANCIAL IMPACT: Orange Enterprises (OE Enterprises, Inc.) has offered to provide custodial services for the identified locations for the costs listed in Table 2. The current proposal from OE Enterprises, Inc. includes service reductions in keeping with those proposed for in- house service by Public Works (less frequent vacuuming and dusting, etc.) and a corresponding 5% cost reduction over originally quoted pricing. If approved as currently presented, the total contract cost between Orange Enterprises (OE Enterprises, Inc.) and Public Works for FY 2009- 2010would be $224,928, a reduction of $11,856 per year from the originally quoted price. TABLE 2 OE ENTERPRISES CONTRACT COSTS - FY 2009-2010 ' Locatiion Contract T e Contract Start Date ~ FY 09.10 Animal Services Center Renewal 1-Jul-09 $16,644 Central Oran a Senior Center Renewal 1-Jul-09 $42,864 Emer enc Services Renewal 1-Jul-09 $23,124 Gatewa Center Renewal 1-Jul-09 $47,880 Count Office Buildin New 1-Jul-09 $94,416 TOTAL CONTRACT AMOUNT $224,928 3 RECOMMENDATION(S): The Manager recommends the Board approve of the proposed custodial service contract with Orange Enterprises (OE Enterprises, Inc.) from July 1, 2009 through June 30, 2010, and authorize the Manager to sign the contract document subject to approval of the FY 2009-10 budget. OE Enterprises, Inc., Commercial Cleaning Agreement O OE Enterprises, Inc., ("OE"), a North Carolina nonprofit corporation, hereby agrees to supply janitorial services to Orange County, North Carolina on behalf of its Public Works Department (The Customer) at the following locations (the "Centers") beginning July 1, 2009: Animal Services Center-- $1,387.00 Per Month Central Orange Senior Center-- $3,572.00 Per Month Emergency Services Center-- $1,927.00 Per Month Gateway Center-- $3,990.00 Per Month County Office Building-- $7,868.00 Per Month The following terms will apply: 1) The monthly Janitorial Service Fee charged by OE to Customer for all work performed under the terms of this Agreement will be $18,744.00. OE shall be responsible for providing Janitorial Services (5) day per week at the Centers (Monday through Friday). Janitorial Services shall be performed after the normal hours of operation for the Centers (specifically, the Janitorial Services shall be performed after 4:00 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 Centers 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 "Site Work Plans" that correspond to the specifications in Attachment A and submit them to the Customer for review and comment. The Site Work Plans, 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 Centers. 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 July 1, 2009. The Customer shall perform periodic inspections of the Janitorial Services performed by OE at the Centers (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 Notices 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 0 OE Enterprises, Inc., Commercial Cleaning Agreement 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 Centers, 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 Centers on a weekly basis and maintain a logbook recording the weekly self-inspections. Any and all deficiencies or problems with the Janitorial Services noted by OE shall be recorded in this logbook along with corrective action(s) 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 Centers: 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 Centers 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 Centers during the performance of all work performed under this Agreement. OE shall ensure that the Center's entryways remain locked at all times during OEs 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 each Center each evening. 5) Keys and access codes to the Centers 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 Public Works 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 each Center must be returned to Orange County Public Works by gam 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 each Center. 7) The Customer will provide all paper products (towels, toilet tissue and seat covers), hand soap, and can liners necessary for the performance of the Janitorial Services. OE will provide OE Enterprises, Inc., Commercial Cleaning Agreement 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 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 upon Customer's request. 10) The term of this agreement is for one 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 employees for one (1) year after the termination of this Agreement without OE's written consent. 14) Independent Contractor. 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 or 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. OE Enterprises, Inc., Commercial Cleaning Agreement O 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. ORANGE COUNTY: Approved as to technical content: Department Director Approved as to form and legal sufficiency: BY: NAME: TITLE: OE: OE Enterprises, Inc County Attorney BY: ~ TITLE: Director Service Contracts ORANGE COUNTY FINANCE DIRECTOR "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act." Gary Humphreys Date