HomeMy Public PortalAbout055-Copier Fire Station #1COPIER SERVICE AGREEMENT
THIS AGREEMENT made and entered into this`
d ay of 2004, between the City of Richmond, Indiana, a municipal corporation ti'n by and throughb s Board
of Public Works and Safety (hereinafter referred to as the "City"" and The Office S,
Village Square, Batesville, Indiana 47006 (hereinafter referred to as he "Coontractor') Inc., 131
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide maintenance on the Panasonic DP4520G (hereinafter
"Copier") located within Fire Station #1.
Contractor shall provide maintenance service in a manner consistent with the manufacturer's
required specifications and all service and repair for any malfunction or failure of the copier, and
shall specifically provide the service in a manner as described on "Exhibit A", which is attached
hereto, 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 pro per
completion of all work specified. p
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 City shall not be
required to pay any sum to Contractor exceeding Three Hundred Ten Dollars ($310.00) during
the calendar year 2004. City reserves the right to request reasonable proof of any charge and
withhold payment until such proof is received.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until May 26, 2009.
Notwithstanding the term of this Agreement, City may terminate his 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 proper manner
its obligations under this Agreement;
Contract No. 55-2004
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b. failure of Contractor to respond in a timely manner to any service call initiated by
City;
c. 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;
d. ineffective or improper use of funds provided under this Agreement;
e. suspension or termination of the grant funding to the City under which this Agreement
is made; or
f. 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.
C.
0
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.
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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 Agreement 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.
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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 Public iWorks and Safety
By: fv
John Kenny, Presi en
Date: 5 �Z to /y y
APPROVE
Sarah L. Hutton, ayor
Date: b
Page 5 of 5
"CONTRACTOR"
THE OFFICE SHOP, INC.
By'U , "
Title:— (' o - 106waaer
Date:_ 1 L L�
THE +FFicE SHOP
131 Village Square ♦ Batesville, Indiana 47006 ♦ (812) 934-5611 ♦ email: � @office hop.ne net/
May 20, 2004
City of Richmond
City Building
Richmond, IN 47374
This agreement is for the purpose of customer initiated and routine maintenance on the following:
Model Serial Number
Panasonic DP4520G Copier Location Equip ID #
Fire Dept
The Office Shop, Inc., agrees to perform maintenance service according to the manurer's required
ufact
specifications, as well as, all customer initiated service calls during 8:00 AM to 5 n act Monday
through Friday.
Warranty Period: Billed @ $0.0056/copy
After Warranty: Billed monthly until 12/31/04 @ $0.0085/copy
Year One and Two as follows:
Contract Rate: Billed annually in advance @ $ 646.00; 76,000 copies/yr, excess @ .0085/copy
Contract Period: 01-01-05 through 01-01-06
Contract Includes: drum, toner, developer, parts, labor, travel, cleanings, preventive maintenance
Contract Excludes: staples, paper, networking services and relocation of equipment
Year 3, $0.0089/copy
Year 4, $0.009/copy
Year 5, $0.0094/copy
This agreement is subject to the following terms:
All equipment must be on properly connected surge protection authorized by the The Office
Shop, Inc.
The equipment must be in proper operating condition at the time of acceptance of this agreement.
This agreement will not apply to any equipment damaged through accident, misuse, theft, neglect,
power fluctuations, fire, water or equipment moved by a third party.
All supplies must be approved by The Office Shop, Inc. and all service required due to unacceptable
supplies will be excluded from this agreement.
The amount of this agreement shall be increased by an amount equal to any tax now or hereafter
assessed or imposed by any federal or state authority.
All service inspections will be performed during 8:00 AM to 5:00 PM, Monday through Friday.
Services rendered during other times will be subject to premium labor and/or holiday rates
additional charges.
This agreement will remain in effect until cancelled by either party upon thirty (30) days prior
written notice. In the event of cancellation prior to the expiration of the maintenance agreement,
advanced payments will be pro -rated for the period of actual coverage and all excess payment
will be refunded.
Customer gnature
Daniel C. Hountz
Service Manager
EXHIBIT -A_ PAGE OFF