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HomeMy Public PortalAbout006 - Janitorial Svc Street DeptJANITORIAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this r between the City of Richmond, Indiana, a municipal corporatf acting by nd tluou4hb sand of Public Works and Safety (hereinafter referred to as the "Cmes g Board and d/b/a J.R. Janitorial and Maintenance, 5072 North Philomath Road, B ownsville, IndRutiBlevins ana 47325 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide janitorial services at the facilities occupied by the Richmond Street Department during the calendar year 2004. A Request for quotes has been made available for inspection by Contractor, is on file in the office of the Richmond Street Department, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as Exhibit A, which Exhibit is dated November 24, 2003, consists of two 2 reference and made a part of this Agreement. Contractor hall,provide ll janitoriagesand is hereby al servi eorateds listed on "Exhibit A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION U. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of of the work. ex the City of Richmond. The Contractor shall provide, at its own pense, competent supervision SECTION III. COMPENSATION City shall pay Contractor a sum of not to exceed Four Thousand Nine Hundred Forty Dollars ($4,940.00) for the completion of all listed on Exhibit A. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2004. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: Contract No. 6-2004 Page 1 of 5 a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. A. P C Q Coverage Limits Worker's Compensation & Statutory Disability Requirements Employer's Liability $100,000 Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence Page 2 of 5 E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 3 of 5 SECTION VIII. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party its rights or obligations hereunder without the prior written conof the othemay assignr or arty. Ae any of delegation or assignment, without the prior written consent of the otherparty,pAny such shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. Agreement between the parties, although it may be altered orlamended nn whole odocumet n nthe parentire t at an time by filing with the Agreement a written instrument setting forth such changes signed parties. By executing this Agreement the parties agree that this document supersedes an Y previous discussion, negotiation, or conversation relating to the subject g finedY e both matt J er contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal Proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County Contractor may have to bring such suit in front of other tribunals, or in otherg nues.s of any right Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City inits efforts to enforce this Agreement, including but not limited to, City's reasonable attorneys fees. In the event that an ambiguity, question of intent, or a need for interpretation of this A eement arises, this Agreement shall be construed as if drafted jointly by the parties, and no pretum tion or burden of proof shall arise favoring or disfavoring any party by virtue of the author pt an of the provisions of this Agreement. p y Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. „CIIY„ THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By. k- Robert B. Goodwin Date: APPR Date: OVED: Sarah L. Hutto ayor "CONTRACTOR" JAMES BLEVINS AND RUTH BLEVINS d/b/a/ J.R. Janitorial and Maintenance !' Ruth Blevins Date: Page 5 of 5 J.R. JANITORIAL & MAINTENANCE JOB DESCRIPTION RICHMOND STREET DEPARTMENT November 24, 2003 WEEKLY (W) SEMI -WEEKLY (SW) MONTHLY (M) NIGHTLY (N) FRONT ENTRANCE & LOBBY AREA l . All floors will be sweep & mop, & sweeper ran over black mats. (N) 2. Door glass (both sets) will be clean good inside & out. (W) 3. Door glass will be spot check and clean. (N) 4. Window ledges will be clean. (W) 5. Sweep down cob -webs. (W) 6. To clean & dust all pictures, clocks, & wall plaques hanging on walls. (W) 7. To dust & clean all furniture including legs on chairs. (N) OFFICES, CLASSROOM, & CONFERENCE ROOM. 1. To empty all trash, put clean liner in, spot check & clean container. (N) 2. To sweep & mop all floors. (N) 3. To run sweeper over entire area including black mats. (N) 4. To sweep down cob webs. (W) 5. To dust blinds. (SW) 6. To dust and clean all window seals/ledges, & what -knots. (N) 7. To dust & clean all office furniture's, & office machines. (N) 8. To dust & clean all tape holders, staple holders, black stackers, paper punchers, (W) 9. To sanitize & clean all telephone and water fountains. (N) 10. To dust & clean all pictures, clocks, plaques, and what -knots on desks & walls. (W) 11. To dust & clean all light switch plates & plug plates. (W) 12. To dust & clean all doors, frames & hinges. (W) 13. Both 11 & 12 are to be spot check and clean. (N) 14. To dust & clean all floor trim that we can get to. (W) 15. To dust & clean all tops, fronts of filing cabinets & bookshelves. (W) 16. To dust & clean all computer screens & to pick up keyboard & dust under. (N) 17. To spot check & clean all walls. (W) �-;' dHIB''IT A PAGE I Obi - J.R. JANITORIAL & MAINTENANCE JOB DESCRIPTION RICHMOND STREET DEPARTMENT NOVEMBER 24, 2003 BATHROOMS 1. To empty all trash and put clean liner in. (N) 2. To sweep & mop all floors. (N) 3. To sweep down all cob webs. (W) 4. To clean all light switch plates and plug plates. (W) 5. To clean all doors, frames, & hinges. (W) 6. To sanitize & clean all toilets, urinals, sinks, mirrors, paper towel holders, toilet paper holders, soap containers, & counter tops. (N) 7. To clean & sanitize all partitions doors, side panels, & hinges in between partition. (W) 8. To spot check & clean partitions. (N) 9. To spot check & clean walls around urinals, toilets, sinks, & underneath paper towels holders. (N) 10. To refilled all toilet paper, paper towels, and soap. FLOOR WORK 1. All floors will be spray wax & buff once a month. 2. All floors will be strip & wax once a year. This will be a two night a week cleaning. We will do this Monday night and Thursday night. We will furnish all chemicals and equipment to do the job. You, the customer, will furnish all toilet, paper, paper towels, soap, and liners. JOB QUOTE ------ $ 95.00 EVERY WEEK OR $380.00 EVERY FOUR WEEKS, YEARLY 4940.00 There is 13 pay periods in a year time. There is some months that has five weeks in it. THANK -YOU, J.R. JANITORIAL & MAINTENANCE, RUTH BLEVINS m "IT A PAGE �_ OF�._?