2009-001 Solid Waste - OE Enterprises, Inc. for Custodial Contract at Solid Waste Management Center

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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 executedby Customer and expiring on June 30, 2010. This Agreement maybe 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 sitch 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 15a' 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, nvr 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. 1~ 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.