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Home My Public Portal About022-Sanitary Hurst TechnicalAGREEMENT THIS AGREEMENT made and entered into this between the City of Richmond, Indiana, a municipa—l�corpo corporation acting by andthrough and Sanitation Commissioners (hereinafter referred to as the "City")is Board of 15012 Edgerton Road, New Haven, Indiana 46774 (hereinafter referredutotas the "Con acal ctor' ).mac SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform instrumentation service and repair. A Request for Proposals, dated February 17, 2004, has been made available for inspection by Contractor, is on file in the Richmond Sanitary District Administration office, 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 Proposals is attached hereto as "Exhibit A," which Exhibit is dated March 2, 2004, consists of one 1 and made a part of this Agreement. Contractor sh llperform all hwork and provide ereby inco allsy re ervices rence and/or goods described on "Exhibit A. Should any provisions, terms, or conditions contained in any of the documents attachedreto as he Exhibits, or in any of the documents incorporated by reference herein, conflict with any he the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming with all applicable professional standards. 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 II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor at the rates listed on "Exhibit A", provided that Contractor's compensation during any year of this Agreement shall not exceed Thirty-eight Thousand Sixteen Dollars ($38,016.00). For purposes of this Agreement, each one year period shall expire on February 28, 2005, February 28, 2006 and February 28, 2007, respectively. SECTION IV. TERM OF AGREEMENT This Agreement shall be deemed to have begun on March 1, 2004, and shall continue in effect until February 28, 2007. Contract No. 22-2004 Page 1 of 5 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: a. failure, for any reason of the Contractor to fulfill in a timely and/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; b. ineffective or improper use of funds provided under this Agreement; c. suspension or termination of the grant funding to the City under which this Agreement is made; or d. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated 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. Cov— erase Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Page 2 of 5 Section 2. Property Damage $100,000 each occurrence 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 may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, 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. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter 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 and venue 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, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. 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. If any court or tribunal declares any provision of this Agreement unenforceable, all other provisions of this Agreement shall remain in full force and effect. 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 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. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, HURST TECHNICAL SERVICES, INC. INDIANA by and through its Board of Sanitation Commissioners By: President y: Date:_ q- 13 -v`{ Titl APPROVED Sarah L. Hutton, Mayor Dat Date. /,qG/0y Page 5 of 5 MUMMI GMw♦1.-J -K> wo/WIC /17Y X":-tt pm r. 10101 _S HURST TECHNICAL SERVICES INC. ISO 9002 REGISTERED March 2, 2004 Mr. Larry Baker Richmond Sanitary District 2380 Liberty Avenue Richmond, IN 47374 PROPOSAL HTS #1.1387 Dear tarry, i Hurst technical Services, Inc, is pleased to otter this proposal for instrumentation service for the tbree- year term. of March 1, 2004 through February 28, 2007. r We propose to provide 72 service days per year at a rate of. $66M per hour for the .first two years. The value of the contract each year would be $38,016.00. Billing will be handled in equal monthly invoices in the amount of $3,168.00 with terms of Net 30 Days. The third year's rate would be increased by the lesser of 2% or the consumer price index at the time of renewal. Scheduling of our technician would be for two days each week coordinated through our office as you so direct. Phone support for problems will be provided at no charge. Emergency tail -ins will be billed at $80.00 per hour with 2-hour minimum. This proposal is open to change by mutual consent of the District and Hurst Technical Services. Thank you for the opportunity to provide this proposal. Please contact me if you have any questions. Sincerely, Hurst Technical Services, Inc. John Lobe Vice President To accept this proposal, please sign, date and provide a purchase order number, .if appropriate, 10 the space bellow; Accepted By__ _ - Date _..__ P,44—_ . UJI2 FI)URTON ROAD - NEW HAVEN, INDIANA 46114 - 1260) 140-92M - FAX (2601 149.933 • EXHIBIT PAGE _1._0U- I