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HomeMy WebLinkAbout2011-341 ED - OE Enterprises, Inc. for janitorial services OE Enterprises, Inc., Commercial Cleaning Agreement LE OE Enterprises, Inc., ("OE"), a North Carolina nonprofit corporation, hereby agrees to supply G janitorial services to Matt Roybal, Piedmont Food and AG Processing Center Manager (Customer) located at 500 Valley Forge Road, Hillsborough,NC 27278 (the "Center"), according to the following term, beginning October 17, 2011: 1) The monthly Janitorial Service Fee charged by OE to Customer for all work performed under the terms of this Agreement will be $775.00. OE shall be responsible for providing Janitorial Services as needed (see schedule attached) 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$25.00 per hour. 2) The Customer will provide all equipment and supplies to be used in the Center. 3) OE will perform all Janitorial Services 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. 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 the start of the contract. The 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 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 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 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 notify the OE Enterprises, Inc., Commercial Cleaning Agreement Center contact person 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. OE shall be responsible for all keys in their possession and access codes issued to its agents or employees 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 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). The insurance certificate with appropriate endorsements should be attached to signed contract. • Worker's Compensation Limits for Coverage A- Statutory State of N.C. Coverage B - Employers Liability $500,000 each accident and policy limit and disease eacl employee • Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate. • Automobile Liability Combined Single Limit$500,000 8) The term of this agreement is for one fiscal year beginning on the date this Agreement is executed by Customer and expiring one year from the date of execution. This Agreement may be canceled by either party for any reason with a thirty (30) day advance written notice to the other party. 9) The monthly service charge will be in effect for the term specified in Section 10 unless changes in the Janitorial Services 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. 10)OE's monthly Janitorial Service Fee is to be paid within 30 days of a properly submitted invoice. OE shall deliver monthly Invoices to Customer on or before the first day of every month during the term of this Agreement. 11)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. OE Enterprises, Inc., Commercial Cleaning Agreement 12) 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 the Customer. 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 the Customer and OE. 13) OE agrees to indemnify and hold harmless the Customer 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. Piedmont Food and AG Processing Center BY: NAM TITLE: 11 r„u c- P r OE: OE Enterprises, Inc. BY: �'� -c TITLE: ORANGE CO Y By: County Manager This instrument has been ap�roved as to technical content. :3 t-PA-0 Vb��a:t 1)-)7 - )) Steve Brant fey', Department Dire o OE Enterprises, Inc., Commercial Cleaning Agreement This instrument has been pre-audited in the manner required by Local Government Budget and Fiscal Control Act. l� /J. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Office of thlounty Attorney PI-GLD-HS (04107) If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III- LIMITS OF INSURANCE to the greater of: a. $20,000: or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, the second part of Paragraph a. is amended to read provided that: (2) The expenses are incurred and reported to us within three years of the date of the accident; E.Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e.Athletic Activities is deleted and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. F. Supplementary Payments Under the SUPPLEMENTARY PAYMENTS-COVERAGE A AND B provision, Items 1.b.and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500;and 2. The limit for loss of earnings is changed from$250 a day to$500 a day. G. Employee Indemnification Defense Coverage Under the SUPPLEMENTARY PAYMENTS-COVERAGES A AND B provision, the following is added: 3. We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding. The most we will pay for any"employee'who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees", claims or"suits" brought or persons or organizations making claims or bringing"suits". H. SECTION II-WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is changed to read: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators-Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. Page 3of7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-HS (04/07) (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance. I. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b.Contractual Liability: (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. J. Damage to Property You Own, Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item(1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to anther's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. K. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV—COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Duties in the Event of Occurrence.Claim or Suit 1. The requirement in Paragraph 2.a.of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the"occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership: or c. An executive officer or insurance manager, if you are a corporation. 2. The requirement in Paragraph 2.b. of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or"suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership: or c. An executive officer or insurance manager, if you are a corporation. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ACORO" OP ID: DC CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) 12/12/11 THIS CERTIFICATE IS ISSUED AS A MATTER 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(les)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). PRODUCER 336-227-7458 NNAAMEC Dee Ann M Cob,CIC,CISR x207 Jennings M.Bryan Insurance PHONE P.O.Box 1118 336-228-8685 C N, E ;336-227-7458 AX No): 336-343-1000 Burlington,NC Bryan II ADDDRESS:dcobb 'ennin smb an.com Jennings M. Bryan III CUSTOMER ID e:OEENT-1 INSURERS AFFORDING COVERAGE NAIC INSURED OE Enterprises,Inc. INSURERA:Philadelphia Insurance Co Carolina Shredding Authority INSURER B:United Heartland 348 Elizabeth Brady Road Hillsborough,NC 27278 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY MID E MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X PHPK438964 06/30/11 06/30/12 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE F—I OCCUR MED EXP(Any one person) $ 5,00 A X Professinal E&O PERSONAL&ADV INJURY $ 1,000,00 A X Employee Benefits GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY PR of LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO (Ea accident) $ 1,000,00 PHPK438964 06/30/11 06/30/12 ALL OWNED AUTOS BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,00 A PHU B276941 06130!11 06/30/12 DEDUCTIBLE X RETENTION $ 10000 $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER B ANY PROPRIETORIPARTNERIEXECUTIVE YIN 0400099483 07101 M 1 07/01/12 E.L.EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 A Directors/Officers PHSD432260 06130/11 06/30/12 3,000,00 A EPLI PHSD432260 06/30/11 06130/12 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule,if more space Is required) Third Party Crime Bond/Employee Dishonesty$10 000 Limit$500 Deductible Montgomery Insurance Company,Policy#50644615 1113111 to 11/3112 Holder is listed as an additional insured CERTIFICATE HOLDER CANCELLATION PIEDM21 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Piedmont Food&A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. Processing Center Orange County,NC AUTHORIZED REPRESENTATIVE 500 Valley Forge 2 Hillsborough,NC 27278 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD