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HomeMy Public PortalAbout024-2018 - Heavenly Homes ,vendor, for cleaning services for Police DeptAGREEMENT _._,icEEMENT made and entered into this 0 A day of , 2018, and 'crerred to as Contract No. 24-2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Heavenly Homes, 1527 Delbrook Drive, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide janitorial and cleaning services of the Police Department areas located on the first floor of the Richmond Municipal Building for the City of Richmond Police Department for the 2018 calendar year, which services shall be performed on a weekly basis. Contractor's Proposal, received January 24, 2018 is attached hereto as "Exhibit A" which response consists of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Due to the sensitive nature of the work conducted in the Richmond Police Department, the services are determined, in accordance with Indiana Code 5-22-10, to be a special services purchase in order to maintain the functional security of the Police Department areas. 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. Contractor shall furnish 'all labor, material, equipment, and services necessary for the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. 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. Contract No. 24-2018 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor at the hourly rate of Twenty-five Dollars and Zero Cents ($25.00), per person, per hour, for complete and satisfactory services provided under this Agreement during the 2018 calendar year. The service hours performed per week shall be as set forth on Exhibit A. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective on January 1, 2018, and shall continue in effect until December 31, 2018. 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, in whole or in part, by mutual Agreement of the parties by 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 Page 2 of 6 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. Coveraze A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 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: Page 3 of 6 1. 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. SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien. in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION IX. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said Page 4 of 6 determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. 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 parry. 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 Page 5 of 6 or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 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 Works and Safety By: Vicki Robinson, President Richard Foore, Member Anthony . Foster, II, Member APPROVE: Date: c?rz 0ol (J "CONTRACTOR" Heavenly Homes 1527 Delbrook Drive Richmond, IN 47374 Printed Title: Date: !L 1' 1, k� Page 6 of 6 Heavenly Homes 1527 Delbrook Drive Richmond, Indiana 47374 765-993-5012 (Bo French) Proposal submitted to: Richmond Police Department (RPD) 50 North 5th Street, Richmond, Indiana 47374 Submitted January 22, 2018 Heavenly Homes (HH) proposes to provide the following services to RPD on a weekly basis: 1. Empty accessible trash cans and recycling containers and replace trash bags/liners as needed. 2. Dry mop or sweep flooring in main lobby, main hallway, back hallway leading to "overhead" area, Divisions (Traffic and Detective), Squad Room, Slate Up room, lab, locker room, and officer mailbox area. 3. Vacuum accessible carpeted flooring (i.e. Administration offices, Detective Division) and floor mats (i.e. main entrance area). 4. Clean restroom sinks, toilets, and mirrors. 5. Mop floors in restrooms. 6. Restock toilet paper and paper towels as needed. 7. Clean counter tops in Squad Room. 8. Wipe off counters and sink in the lab. 9. Clean drinking fountains. 10. Clean main entrance glass doors. After the first three (3) weeks, the above services are projected to take HH four (4) man hours to perform. The above services will be provided at the cost of $25.00 per person, per hour with a minimum of four (4) hours ($100.00) per week to be paid by RPD to HH. HH will usually perform these services some time between 5:00 p.m. on Friday and 7:00 a.m. on Monday of each week. EXHIBIT -A PAG � 3 NOTE: RPD and HH are aware and acknowledge that regular cleaning of RPD has been neglected for much of 2017 and 2018 to date. Due to that fact, HH may take more than four (4) man hours for up to and including the first three (3) weeks of cleaning to compensate for previous neglect. If necessary, HH will perform cleaning services for $25.00 per man hour for each hour of work beyond the above noted four (4) man hours but not to exceed a total of six (6) man hours during those (up to) first three (3) weeks, maximum of $150.00. If the additional time is not needed by HH during the first three (3) weeks, HH will not charge for that additional time. HH will provide additional cleaning to RPD after the first three (3) weeks at the request of RPD at the cost of $25.00 per man hour. Examples of additional cleaning services include mopping the lobby, hallways, locker room(s) or cleaning shower(s) in locker rooms, and/or cleaning the weight/cardio rooms and equipment. Additional cleaning can be requested by RPD on a week by week basis. Examples of services that HH will not perform include but are not limited to: 1. Cleaning the "overhead" area. 2. Cleaning desks or furniture of officers who have their own work areas (e.g. detectives, administration, traffic or juvenile officers). 3. Cleaning or working with any office equipment (e.g. emptying shredders, filling paper in copiers). 4. Cleaning ventilation system areas (e.g. heating, air conditioning, or return air vents). 5. Any scrubbing or buffing of floors. 6. Carpet cleaning. 7. Emptying any Hazardous Materials containers. 8. Cleaning of light fixtures or replacing light bulbs. 9. Any plumbing (e.g. unclogging of toilets or sinks). EXHIBIT PAGE �GE 3 It is the responsibility of RPD to provide and make accessible to HH all of the cleaning supplies including but not limited to: liquid cleaning supplies (e.g. glass and toilet bowl cleaner), toilet brushes, mops, rolls of paper towels, operable vacuums, brooms, dust mops, and dustpans. RPD is also responsible to provide and make accessible trash bags, trash can liners, toilet paper, and paper towels for the restrooms. HH will provide a mid -week "touch-up" if requested by RPD at the cost of $25.00 per man hour of work up to two (2) man hours during which time restrooms would be cleaned and trash cans would be emptied. These services can also be requested by RPD on a week by week basis. At the beginning of each month, HH will provide RPD an invoice via email for services provided during the prior month. Each invoice will list the dates, number of hours worked, the cost of each individual service, and a monthly total of fees owe to HH. Invoices are to be paid in full to HH within two (2) weeks of their submission to RPD. This proposal is valid for the calendar year 2018 and may be subject to adjustment for the 2019 calendar year. Acceptance of proposal: The above prices, specifications, and conditions are satisfactory and are hereby accepted. HE is authorized to do the work as specified. Payment will be made as outlined above. EXHIBIT PAGE OF—_ Signature Date EXHIBIT _PAGE �J DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 01/25/2018 THIS'CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). coNTAcr Marcia Stroud PRODUCER NAME: PHONE i�cc�o�G_�aG� FAX .�,.,. (765)935-6164 Indiana-VanVleet / ' `' ----- " "--- 1 Glen Miller Parkway ADDRIESS: marcias@vanvleetinsurance.com INSURERS AFFORDING COVERF Richmond IN 47374 INSURERA: Erie Insurance Group INSURED INSURER B : _ Heavenly Homes INSURER C : Lavonne French D/B/A INSURER D : 1527 Delbrook Dr INSURER E : Richmond IN 47374-1615 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS ADDL SUER POLICY EFF POLICY EXP LIMITS INSR LTR TYPE OF INSURANCE lNSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YWY $ 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,000 Q33 0220848 9/02/2017 9/02/2018 PERSONAL & ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 X PRO- ❑ El LOC PRODUCTS - COMP/OP AGG $ POLICY JECT $ OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident) BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ HIRED NON OWNED Per accident AUTOS ONLY AUTOS ONLY $ EACH OCCURRENCE $ R OCCUR AGGREGATE $ ;DED;IETENTION CLAIMS -MADE $ OTH- WORKERS COMPENSATION UTE ER AND EMPLOYERS' LIABILITY Y / N ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE 7E.L.DISEASE OFFICER/MEMBER EXCLUDED? ❑ N / A - EA EMPLOYE $ (Mandatory in NH)yes,describe under SE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Richmond Police Department Richmond IN 47374 AUTHORIZED REPRESENTATIVE p� -ax: Email: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD