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HomeMy Public PortalAbout024-Master Touch SanitaryJANITORIAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this I if day of , 2004, by and between the City of Richmond, Indiana, a municipal corporation ac ing by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Master's Touch, Inc. d/b/a Office Pride, 4553 West Fountain City Pike, Williamsburg, Indiana 47393 (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 Sanitary District 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 Sanitary District, and is hereby incorporated by reference, made a part of this Agreement attached hereto, and marked as "Exhibit A". Contractor shall provide all janitorial services listed on "Exhibit A". The response of Contractor to said Request for Quotes is attached hereto as "Exhibit B", which Exhibit is dated February 24, 2004, consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. 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 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 a monthly fee of Two Thousand Two Hundred Forty-seven Dollars and Eighty-three Cents ($2,247.83) for the completion of all work herein. If City requests work outside the scope of the work described on Exhibit A, Contractor shall be compensated at the rate of Fifteen Dollars ($15.00) per hour for each person performing work. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2004. City, in its sole discretion, may elect to extend the term of this Agreement through December 31, 2005. If City elects to extend this Agreement through December 31, 2005, all terms and conditions, including, but not limited to, Contractor's rate of compensation, shall remain in effect. Contract No. 24-2004 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 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. Coverage 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 Page 2 of 5 D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $300,000 each person $300,000 each occurrence $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. 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; 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; 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. Page 3 of 5 C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. 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 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. 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" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By:. - - President Date: -9 3-/- 0¢ "CONTRACTOR" MASTER'S TOUCH, INC. d/b/a/ Office Pride I h S� j,: S 14 (Printed Name) Title: o�� -k.— Date: 3 - QI-4 Page 5 of 5 Richmond Sanitary District Janitorial/Cleaning Services for 2004 Listed by each individual building: Administration Building — Entire Building ❖ Floors and rugs vacuumed and swept twice a week •3 Dust all furniture items and windowsills ❖ Clean bathrooms every time you come in; mopping once a week ❖ Clean kitchen area; include mopping once a week ❖ All floors must be waxed once every three months ❖ Windows must be washed inside once a month/ out side 4 times a year. •b Window mini -blinds needs to be cleaned every three months ❖ Area in front of Admin Building needs to be swept and Front/Back patios must be swept twice a month ❖ Debris around and on the building (including bugs, cob webs, dirt) must be swept off and cleaned twice a month IPB Building — Upstairs Area Includes Offices, Hallways, Restrooms (2); Ground Floor Area Includes Break Room and Restrooms (2) ❖ Floors swept and mopped once a week •S Dust all furniture items and windowsills •3 Windows must be washed inside/outside every three months ❖ All floors must be waxed once every three. months ❖ Clean bathrooms every time you come in; mopping once a week 4e Patio must be swept twice a month Lab BuildinE —1" & 2"d Floors ❖ Floors swept and mopped once a week •S Dust all furniture items and windowsills ❖ Windows must be washed inside/outside every three months ❖ All floors must be waxed once every three months Clean bathrooms every time you come in; mopping once a week Maintenance Garage — Offices (3) and Restrooms (2) Floors swept and mopped once a week Dust all furniture items and windowsills •S Windows must be washed inside/outside every three months ❖ All floors must be waxed once every three months ❖ Clean bathrooms every time you come in; mopping once a week Sand Filter Building —1't Floor Bay Area, 2"d Floor Restroom, Yd Floor Restroom ❖ Floors swept and mopped once a week ❖ Restroom cleaned every time you come in ••• Stairways swept weekly Windows in stairway and on Yd floor cleaned inside/outside once a month EXHIBIT _ PAGE J-0 Solid Waste Building — Office (3), Restrooms (3), Hallway, Break Room, Driver Locker Room ❖ Floors swept every time you come in and mopped once a week ❖ Dust all furniture items and windowsills ❖ Windows must be washed inside/outside once a month ❖ All floors must be waxed once every three months ❖ Clean bathrooms every time you come in; mopping once a week ❖ Floors and rugs vacuumed and swept twice a week Compressor Building — Restroom ❖ Cleaned, swept and mopped every time you come in New Paris Pike Landfill Area — Offices, Break Room, Restroom, Garage Area and Trailer ❖ Floors and rugs vacuumed and swept twice a week ❖ Dust all furniture items and windowsills ❖ Clean bathrooms; include mopping once a week ❖ Windows must be washed inside/outside once a month ❖ Floors swept every time you come in and mopped once a week ❖ All floors in office area and trailer must be waxed once every three months There will be a New Building at the Landfill that will need to be cleaned starting in late Spring early Summer. There will be a Reception Area, Office, Locker Room, Work Area, Break Room, 1 Large Restroom with 2 stalls, 2 urinals, and three sinks, 1 small restroom one stall and 1 sink. • Office, work area and reception area 33'x 25' with 3 windows and one front door. • Break Room 16' x 33' with 3 windows and two doors. • Locker Room 25' x 10' one door • 1 Large Restroom with 2 stalls, 2 urinals, and three sinks • 1 Small Restroom one stall and one sink • Work in this building will be the same as listed above. 1. Cleaning must be done on Monday and Thursday after working hours. 2. Working hours are 6:00 AM through 4:30 PM. 3. District will supply all of the paper products (toilet paper, paper towels, and soap) 4. Trash needs to be emptied and taken out to dumpster each time of cleaning. 5. Shampoo carpet areas every three months, or as scheduled by District personnel. 6. Services outside of specifications maybe requested at an extra fee, per hourly rate specified on Price Request. 7. District personnel will conduct reviews of services provided periodically. 8. A locker in the Maintenance Building will be designated to you for supplies that RSD provides. 9. It is your responsibility to keep the rest rooms stocked and the cabinets in or nearby the rest rooms stocked. Should you have any questions or like to tour the facilities, feel free to contact Jeff Lohmoeller at 765-983-7464. 0 PRICE REQUEST 1j i u a CITY OF RICHMOND DEPARTMENT OF SANITATION 2380LMERTYAv0qJE.IucfnM0ND,MANA47374 THIS IS NOT AN ORDER FlIONE (765) 983-7450.FAX (765) %2-2669 .a'iYY.dCtk:a .. .-,: _ :�S?Nu`3..:(_2�t+7, v- -'-K�'�3:•` I. Office Pride 4553 West Fountain City Pike Williamsburg, IN 47393 ATTN: Bill Parrish DATE: REPLY MUST BE IN BY: February 6, 2004 10:30AM on February 24"^, 2004 N ICJ This is a request for a price for the services of materials described .below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of'Commissioners to the administration building at the address above by the specified date and time to be considered. PAYMENT TERMS: I DELIVERY REQUIRED: UPON RECEIPT OF INVOICE DESCRIPTION This is a request for quotes forjanitorial/cleaning services for Richmond Sanitary District. The period of services will be from the signing of the contract until 12 11 -31-04 with the option to renew at the same price for year two (year 2005). Janitorial/Cleaning Service for Richmond Sanitary District: See Attached Specifications Total Monthly Cost Shampoo Carpets (twice yr) $ 12i9F'/ ©r I& per cleaning Additional Requests $ . /'-3 per person per dour There may be additional cleaning requests, as needed. Please include Certificate of Insurance with Quote. Return this sheet in a sealed envelope addressed to: Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 Re: 2004 Janitorial Services Questions? Call Denise Johnson at 765-983-7443 or Jeff Lohmoell-er at 765-983-7464. . Quote Valid Until STATE TAX EXEMPTION # 003121909-001 l� Richmond &nitary District AUTHORIZED BY SIGNATURE TITLE DATE PHONE NUMBER EXHIBIT PAGE PRICE REQUEST A DOO NOU &w erg CITY OF RImmoND DEPARTMENT OF SANITATION 2380 LIBERTY AV ON RIGIMOND, INDIANA 47374 FAONE (765) 983-7450•FAX (765) 962-2669 Office Pride 4553 West Fountain City Pike Williamsburg, IN 47393 ATTN: Bill Parrish DATE: LREPLY MUST BE IN BY: February 6, 2004 0.30AM on February24N, 2004 THIS IS NOT AN ORDER IN iI RUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. PAYMENT TERMS: DELIVERY REQUIRED: UPON RECEIPT OF INVOICE nGl n��o�� DESCRIPTION This is a request for quotes for janitorial/cleaning services for Richmond Sanitary District. The period of services will be from the signing of the contract until 12, 31-04 with the option to renew at the same price for year two (year 2005). Janitorial/Cleaning Service for Richmond Sanitary District: See Attached Specifications Total Monthly Cost S C? Shampoo Carpets (twice yr) ' Additional Requests per cleaning $— per person per hour There may be additional cleaning requests, as needed Return this sheet in a sealed envelope addressed to: Questions? Please include Certificate of Insurance with Quote. Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 Re: 2004 Janitorial Services Call Denise Johnson at 765-983-7443 or Jeff Lohmoeller at 765-983-7464. Quote Valid Until STATE TAX EXEMPTION # 003121909-001 Richmond nitary District BY: J , AUTHORIZED BY SIGNATURE TrrLE .-s o2 0 DATE PHONE NUMBER EXHIBIT PAGE �)-