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HomeMy WebLinkAboutAgenda - 08-19-2008 -4rORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 19, 2008 Action Agen Item No. SUBJECT: Gateway Center Custodial Contract DEPARTMENT: Public Works, Purchasing PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Wayne Fenton, 245-2628 Pam Jones, 245-2652 PURPOSE: To approve a contract with OE Enterprises for custodial services at the Gateway Center. BACKGROUND: In March 2008, the County began delivering services at the Gateway Center in Hillsborough. Since that time, the County has used in-house, temporary staffing for evening custodial services: As part of the fiscal year 2008-09 budget, the Board approved funds for the Public Works Department to contract with OE Enterprises for provision of evening custodial services under contract. OE Enterprises has been providing excellent after hours custodial service for the Robert and Pearl Seymour Center since it opened in May 2007. FINANCIAL IMPACT: OE Enterprises has offered to provide evening custodial services for the Gateway Center (2"d and 3`d floors) for the amount of $4,200/month, with an annual cost of $53,100 beginning September 1, 2008. This amount was included in the approved Public Works Department budget for FY 2008-09. RECOMMENDATION (S): The Manager recommends that the Board approve the proposed custodial service contract for the Gateway Center with OE Enterprises for September 1, 2008 through June 30, 2009, and authorize the Manager to sign the contract document. 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 Public Works Department (The Customer) at the Gateway Center (floors 2 and 3) located at 228 S. Churton Street, Hillsborough, NC (the "Center"), according to the following term, beginning September 1, 2008: 1) The monthly Janitorial Service Fee charged by OE to Customer for all work performed under the terms of this Agreement will be $4,200.00. 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 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 $25.00 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 September 1, 2008. 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 ofnon-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 OE Enterprises, Inc., Commercial Cleaning Agreement 3 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 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 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 the 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 the Center. 7) The Customer will provide all paper products (towels, toilet tissue and seat covers), hand soap, and can liners necessary of the performance of the Janitorial Services. OE will 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 OE Enterprises, Inc., Commercial Cleaning Agreement 4 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 and 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, 2009. This Agreement may be canceled by either party for any reason with a thirty (30) day advance written notice to the other P~Y• 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 15~` 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 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 OE Enterprises, Inc., Commercial Cleaning Agreement 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: BY: NAME: TITLE: OE: OE Enterprises, Inc BY: TITLE: 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