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HomeMy WebLinkAbout2017-379-E AMS - Carolina Cleaning Associates for cleaning needs at various county locations DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC [Departmental Use Only] TITLE Cleaning Contract FY 2018 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 9th day of August, 2017, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Carolina Cleaning Associates, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): cleaning services in Orange County facilities. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 2/17 1 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): custodial services for fiscal year 2018, as follows: Cedar Grove Community Center, 5800 Highway 86 North, Hillsborough and Efland Cheeks Community Center, 117 Richmond Road, Efland - two cleaning staff, five days per week, with daily on-site supervisor at $2792.72/month; Guardian ad Litem, 501 W Franklin Street, Chapel Hill weekly office cleaning and sweeping, plus breezeway mopping, at $50/week; and Library, 137 W Margaret Lane, Hillsborough, monthly sweeping, vacuuming and restrooms, and any corrective action for $95/month; plus emeregncy callback for $30/first hour, at $7.50/15 minutes, all as detailed in provided quotes dated July 27, 2017. 4. Duration of Services Revised 2/17 2 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC a. Term. The term of this Agreement shall be from July 1, 2017 to June 30, 2018. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be July 1, 2017. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed thirty seven thousand two hundred fifty two and sixty four cents (plus emergency call back rates as defined in item 3.a.) Dollars ($37,252.64). Payment for Basic Services shall become due and payable within thirty(30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated(Freddy Brooks) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated Revised 2/17 3 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of n/a(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider 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 Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement Revised 2/17 4 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. Revised 2/17 5 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Freddy Brooks Carolina Cleaning Associates P.O. Box 8181 348 Elizabeth Brady Road Hillsborough,NC 27278 Hillsborough,NC 27278 [SIGNATURE PAGE TO FOLLOW] Revised 2/17 6 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: Docu5ig eed by: DocuSigned by: h By: °Uokkutt, AA.wtwAt,V'S�,t,i By: J&t �l. �jUtM9�a1/ Vt jr. 0241 A9E2eG4427... C ountykitiPager Joe M Bumgamer, Jr., Director of Business Development& Strategy OE Enterprises, Inc. Printed Name and Title Revised 2/17 7 DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC //����/llll✓1!!ll!///JlfJll111/1r 1111111 11111 Vlll�/aO ri 1�III/� imm.01111111111 Ih I[ IN If NI „a /\ S "Na 0 I A 1 II July 27, 2017 RE: Pricing for Saturday Service at Library, Hillsborough, NC and Emergency Call Back Attn: Freddy Brooks and Tammy Comar We are pleased to submit our quote for custodial services for the above referenced bid. Carolina Cleaning Associates (CCA) is a division of OE Enterprises, Inc., which is a community vocational non-profit program that has been providing supports and services to individuals with barriers to employment including developmental, mental,physical and other types of disabilities for over 37 years. OE provides job training,job development,job placement and support to ensure these individuals are successful in their jobs. The individuals OE and CCA serve suffer from an unemployment rate of over 50% and on an annual basis we place over 150 individuals into jobs in Alamance, Caswell, Durham and Orange counties. We expertly clean federal, state and local government buildings in both North and South Carolina and have been doing this for the last nine years. The Vice President of our division is a Registered Building Service Manger through BSCAI with over 16 years in the custodial industry. Our customers, as represented in our references, are extremely pleased with our quality driven, green based, cleaning system. Cost for monthly cleaning of library: $95.00 (Sweep the front stairs,Vacuum the entrance and check the 4 restrooms for"messes", correct, and restock supplies if necessary. Cost for emergency call back: 1st hour $30.00, any time after 1st hour will be billed in 15 minute increments at$7.50/15 minutes. Sincerely, Joe Bumgarner, Jr. Director of Business Development& Strategy Carolina Cleaning Associates, a division of OE Enterprises, Inc. DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC //����/llll✓1!!ll!///JlfJll111/1r 1111111 r �III/� IIIII��J mffiffimo ( Ih I[ IN If NI „a 'im f "Na (1 I A 1 II July 27, 2017 RE: Pricing for Cedar Grove Community Building, Cedar Grove, NC Attn: Freddy Brooks and Tammy Comar We are pleased to submit our quote for custodial services for the above referenced bid. Carolina Cleaning Associates (CCA) is a division of OE Enterprises, Inc., which is a community vocational non-profit program that has been providing supports and services to individuals with barriers to employment including developmental, mental,physical and other types of disabilities for over 39 years. OE provides job training,job development,job placement and support to ensure these individuals are successful in their jobs. The individuals OE and CCA serve suffer from an unemployment rate of over 50% and on an annual basis we place over 125 individuals into jobs in Alamance, Caswell, Durham and Orange counties. We expertly clean federal, state and local government buildings in both North and South Carolina and have been doing this for the last 11 years. Cost for monthly cleaning of Cedar Grove Community Building: $2792.72 includes two staff, 5 days per week and daily supervision on-site. On Thursdays, staff will be split between Efland Cheeks Community Center and Cedar Grove (1 staff at each location). OE provides cleaning equipment including floor scrubber, maid carts and other cleaning equipment. Orange County provides chemicals, paper products and trash bags. Sincerely, Joe Bumgarner, Jr. Director of Business Development& Strategy Carolina Cleaning Associates, a division of OE Enterprises, Inc. DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC //����/llll✓1!!ll!///JlfJll111/1r 1111111 Elm%lll/lll �/ �II�IIIIII��J f ri 1I VI �lll'/"if ( Ih A IN If NI 'N. 'im (1 I A IL A July 27, 2017 RE: Pricing for Guardian Ad Litem Office, 501 W. Franklin St. Chapel Hill, NC Attn: Freddy Brooks and Tammy Comar We are pleased to submit our quote for custodial services for the above referenced bid. Carolina Cleaning Associates (CCA) is a division of OE Enterprises, Inc., which is a community vocational non-profit program that has been providing supports and services to individuals with barriers to employment including developmental, mental,physical and other types of disabilities for over 39 years. OE provides job training,job development,job placement and support to ensure these individuals are successful in their jobs. The individuals OE and CCA serve suffer from an unemployment rate of over 50% and on an annual basis we place over 150 individuals into jobs in Alamance, Caswell, Durham and Orange counties. We expertly clean federal, state and local government buildings in both North and South Carolina and have been doing this for the last 11 years. Cost for weekly cleaning of Guardian Ad Litem Building: $50.00 per weekly visit includes office cleaning and sweeping and mopping of breezeway. OE provides mop bucket, backpack vacuum and cleaning cloths. Orange County provides chemicals, paper products and trash bags. Sincerely, Joe Bumgarner, Jr. Director of Business Development& Strategy Carolina Cleaning Associates, a division of OE Enterprises, Inc. DocuSign Envelope ID: FD088DB9-0868-4027-99A4-FFA9346F63AC AC J DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/11/2017 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(ies) 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 ACT Tammy_ Brown NAE: Jennings Bryan-Chappell Insurance Services (A/CNNo,Ext): (336)227-7458 FAX No): (336)343-1000 PO Box 1118 E-MAIL DRE ' SS: y �tamm b@ bcins.com AD INSURER(S)AFFORDING COVERAGE NAIC# Burlington NC 27216 INSURERA:Philadelphia Indeminity Ins. Co. 18058 INSURED INSURER B Accident Fund General Insurance OE Enterprises, Inc. INSURER C: 348 Elizabeth Brady Road INSURERD: INSURER E: Hillsborough NC 27278 INSURERF: COVERAGES CERTIFICATE NUMBER:CL17 62 903121 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 PHPK1677966 6/30/2017 6/30/2018 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS PHPK1677966 6/30/2017 6/30/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ Medical payments $ 5,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 PHUB591253 6/30/2017 6/30/2018 $ WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 2000017714 7/1/2017 7/1/2018 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Professional Liability PHPK1677966 6/30/2017 6/30/2018 1,000,000 2,000,000 A Sexual Abuse / Molestation PHPK1677966 6/30/2017 6/30/2018 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION tcomar @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tammy Comer ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Tammy Brown/TB ")i "'w°'r ' -1.4. ', ` "t„ ,c,e v---- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 nmam i