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HomeMy Public PortalAbout148-2018 - Sanitation - Korsean - SecurityAGREEMENT ORIGINAL THIS AGREEMENT is made and entered into this Z- day of September, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 5`h Street, Richmond, Indiana 47374 (hereinafter referred to as the "City") and Koorsen Fire & Security, Inc., 1450 N.W. I1`h Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor for service and monitoring of the security system at the scale house at Richmond Sanitary District's (hereinafter "RSD") New Paris Pike Landfill, 5242 New Paris Pike, Richmond, Indiana. City sent a Request for Quotes Specifications to Contractor for the service and monitoring of the security system at the scale house at the Richmond New Paris Pike Landfill. The response of Contractor, dated September 18, 2018, is contained in Exhibit "A", which Exhibit "A" is attached hereto and incorporated herein by reference and made a part of this Agreement. Exhibit "A" also includes the Contractor's billing rate for this Project. 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. Contractor's services shall be performed in accordance with the standard of practice ordinarily exercised by similar recyclable operations under similar circumstances at the same time and in the locality where the services are performed. 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. SECTION III. COMPENSATION City shall pay Contractor $240.00 for service Contractor has already performed in 2018 and $300 for period from August 1, 2018 through July 31, 2019 and $300 for the period from August 1, 2019 through July 31, 2020, in an amount not to exceed Eight Hundred Forty Dollars ($ 480.00) during the term of this Agreement. -The payment from Contractor is based upon a rate of $25.00 per month. Contract No. 148-2018 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto (and retroactive to January and shall continue in effect until and including July 31, 2020. 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 thirty (30) 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, provided that Contractor was notified in writing of deficiencies, given ten (10) working days to cure deficiencies and failed to remedy such deficiencies. 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 to the extent caused by Contractor's negligent conduct or performance or non-performance of this Agreement; 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 negligent 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 Page 2 of 6 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability (if applicable) Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Errors & Omissions Insurance $1,000,000 per claim $2,000,000 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. 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. The Indiana E-Verify Affidavit is attached with this Agreement and incorporated herein as Exhibit `B". Page 3 of 6 SECTION VIII. 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 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 IX. 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. SECTION X. RELEASE OF LIABILITY Page 4 of 6 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. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all liability which may arise in the course of City'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 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. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. 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, INDIANA KOORSEN FIRE & SECURITY, INC. Page 5 of 6 by and through its Board of Sanitary Commissioners Miller, President A n B i, Vice President ns, e Dated: APPROVED:% Dave Snow, Mayor Dated: J By: (Printed): /e lz Title: Dated: Page 6 of 6 COMMERCIAL MONITORING and ALARM SERVICES AGREEMENT Koorsene Cuslome�AccounlNo, ORIC790G MomtanngAccountNtj: g089304- FIRE & SECURITY Customer Name and Address: (the monitored'Premises') Koorsen Fire & Security, Inc. (appears as KFS in bodyof agreement) RICHMOND SANITARY LANDFILL 5242 NEW PARIS PIKE 1450 N.W.11TH ST RICHMOND, IN. 47374 RICHMOND, IN. 47374 Attn: TEFF LOHMOELLER Phone: 765-983-7464 Rep: BRANDI NOLTE Phone: 765-935-7781 KFS will install or cause to be installed the equipment and furnish the services indicated herein: ❑ ❑❑, �f New Installation System Conversion System Upgrade 1Re-Sign ❑ New Owner Attach Proposal Dated: 9/18/2018 Existing System/ Panel Type: Other: PRICE FOR 2019 & 2020 YEAR FIRE ALARMS: Unless the attached proposal specifies otherwise, KFS makes no representation that the monitored fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Customer's Premises. if a fire alarm system designed to code is specified in the proposal then KFS will install fire alarm equipment pursuant to AHJ requirements. Customer agrees that any additional equipment required by the AHJ not specified in the proposal shall be an extra to this contract to be paid for by Customer at the time said additional equipment is requested. CENTRAL STATION MONITORING SERVICES: (CHECK ALL THAT APPLY) V Commercial Intrusion Monitoring Monthly Base Monitoring Charge $ 15.00 ❑ Fire Alarm, Sprinkler, Suppression Monitoring For low priority signals choose one of these two options: ❑ Auto -Notification (email/text; no add'! charge) OR: ❑ Call Notification $ ❑ Open / Close ❑ Supervised O/C Report Freq: $ ❑ Video Verification (Attach Addendum) $ ❑ Other. $ ❑ Interactive Services Emalt Customer understands and agrees that remote control and otherinteractive services that are included in this Agreement are not part of the alarm system, and are not designed to protect the customer or the premise or notify the customer of alarms, and are not monitored by the Central Station. Monthly Charge $ HOSTED VIDEO SERVICES Unless Video Verification is checked above, no video cameras are monitored by the central station. If a separate Remote Video Access Service Contract has been executed for this premise, the customer understands that the cameras installed under that contract are not monitored by the central station. Refer to that separate contract for complete terms and conditions for Hosted Video Services. COMMUNICATOR ❑Telephone ❑ Internet WICellular (Check all that apply) Customer understands that the transrnisslon of alarm signals using telephone lines, intemet service, and cellular networks is dependent on the reliability and availability of those service providers' networks. See page 2 for additional details regarding limitations of telephone, Internet, and cellular communications services. Themostreliable and recommended configuration is a combination of two of these modes of communications such that If one service is unavailable another service will transmit the signals lathe Central Station. Monthly Service Charge $ 10.00 Total of All Monthly Service Charges $ 25,00 Sales Tax (if applicable) $ Total Monthly Service Charge plus Tax $ 25.00 ❑ Auto Payment (attach authorization) Q( Bill Me ❑ Monthly (auto pay only) ❑ Quarterly Annually Number of Months Due atSigning Total Prepaid Monthly Charges Due $ Installatlon, Equipment, Labor, and Taxes $ Total Installation and Prepaid Monthly Charge $ Less Payment at Contract Signing $ Balance Due Upon Completion Term, Billing, Renewal, & Expiration: The initial term of this agreement expires years from the date the initial central station testing Is completed or from the date of agreement, wh(chever is later. This agreement shall remain in fug facefor the Initial term, and shall thereafter automatically renew for additional 1 year term unless written notice of termination Is given by either party to the other at least (30) days prior to the expiration of the Initial tern or any renewal pedod. Customer agrees that at any lime following the expiration of the initial term KFS may increase the service charges for the renewal thereof. Customer agrees to pay the full amount of such Increase, which does not exceed a 5% increase over the previous charges. In the event Koorsen increases the service charges by an amount greater than 5% annually, Customer may terminate the agreement upon written notice to Koorsen within fifteen (15) days of notification of such Increase. Each service payment is payable In advance. The balance of payments for the term of this agreement Is due upon execution of this agreement. For the convenience of the parties and so long as there is no default In payments, Customer may make the payments as provided herein. Customer agrees io pay, in addition to the service charges above, any false alarm assessments, taxes, fees or charges that are Imposed by any governmental body, relating to the installation or service provided undo this Agreement and to pay any Increase in charges to KFS for facilities required for transmission of signals under this agreement Entire Agreement- Customer understands and agrees that no alarm system can guarantee prevention of loss; that human era on the part of KFS or the municipal authorities is always possible, and that signals may not be received If the transmission mode is cut, interfered with, or otherwise damaged. This Agreement constitutes the entire Agreement between the customer and KFS. In executing this Agreement, the customer is not retying on any advice or advertisement of KFS. Customer agrees that any representation, promise, condition, inducements warranty, express or Implied, not Included in writing in this Agreementshall not be binding upon any party, and that the terms and conditions hereof apply as printed without alteration or qualification, except as specifically modified in writing. The terms and conditions of this Agreement shag govern notwithstanding any Inconsistent or additional term and conditions of any purchase order or other document submitted by the customer. It Is understood that KFS Is not an Insurer, that It shall specifically be the obligation of the customer to purchase any Insurance which customer desires to protect Itself from loss, damage or Injury due directly or Indirectly to occurrences or consequences therefrom, which the service or system Is designed to detect or avert Section 5 of this Agreement limits KFS' liability. Attention Is directed to the limited warranty, limit of liability, and other conditions on PAGE 2. Koorspn Fire & Security, Inc. Title Date Customer P.O. Number (if required) ����k��+'�1� ( /- ��� I c[� [ taT II -f t a • t o II r.,,�t,,.nor� AccantanrP Title Date Customer's Printed Name By acceptance, I acknowledge that I have received a copy of this agreement and I hereby authorize KFS to check my credit information. KF-029C (10/17) Provide copies as follows: Original: Corporate Office Copy 1: Branch Office Copy 2: Customer .� ��671 b� CLARIFICATIONS, EXCLUSIONS & TERMS A. All designs, drawings sketches, concepts, methods of construction are the property of Smarrelli General Contractor, Inc. Reuse by any other persons is prohibited under the protection of copy right laws. B. We will make every effort to design a project to meet all codes but we cannot guarantee compliance until all drawings, permits and final inspections are completed. Any additional requirements, construction or changes requested by State or Local officials or Owners' insurance companies might be at additional costs. C. All required permits are included unless specifically deleted. It is assumed Owner's property is zoned appropriately for the intended occupancy. Zoning variances, rezoning or special use zoning is to be provided by Owner. D. We provide workman's compensation, applicable builders risk and general liability insurance to the limits provided by our standard policies. Any additional coverage required will be at additional costs. Copy of our coverages is available upon request. E. All construction pricing is based on normal working hours 7:30 am to 4:00 pm with no provisions of overtime unless discussed ahead of time. F. All work is warranted for the period of one (1) year upon completion. Completion is the date of final invoice unless a certificate of occupancy is issued. G. All invoices are due upon receipt. Interest may be charged at 1.5% monthly on unpaid balances past thirty (30) days. Any costs incurred to collect past due monies will be added to balances. H. After construction all trash generated by us will be removed and areas will be broom swept clean I. Sales Tax is included in total pricing and on each invoice as a complete assembly. J. Modified AIA contract and invoicing forms will be used on certain projects. K. If the project is to be financed, Smarrelli General Contractor, Inc. shall have the right to review the lending institution's payments procedures. L. Independent inspections or any other fees required by Owner's lending institutions to be paid by Others. M. Projects will be invoiced upon completion with payment due in twenty (20) days -Or- Progress payments will be submitted the first of each month with payment made by the 201h of the month. Invoicing will be for completed work in the previous month. N. Project is to proceed to completion upon signing of contract. Costs accrued due to unreasonable delays because of Owner financing or other reasons beyond the control of Smarrelli General Contractor, Inc. are to be considered additional charges. O. Any supplier or subcontractor not under our contract must conform to our safety requirements, construction details and schedules. Smarrelli General Contractor, Inc. shall comply with Owner's reasonable safety procedures so long as they apply to our trade. P. Owner or Owner's designated representative must provide timely approval or information on all items requiring the same. Q. All labor is based on merit shop construction with no provision for prevailing wage. R. Due to the volatile materials and energy market, any surcharges of price increases imposed after contract or proposal is signed may be passed to Owner. S. Smarrelli General Contractor, Inc. is not responsible for delays caused by strikes, disasters, acts of God or other business interruption beyond our control. EXCAVATION: If your project includes excavation. A. Efforts will be made to notify underground location companies. Smarrelli General Contractor, Inc. is not responsible for damage to utilities not located by Owner, location companies or utility companies. B. Relocation of unlocated underground utilities is not included C. Removal of underground rock concrete buried debris trash hazardous material and water is not included. D. Excavation is based on normal soils topsoil loam clay or dense clay normally found in this area. E. All foundations and concrete or asphalt paving design is based on soils to support 2000 PSF minimum. F. Removal or remediation of soft soils (under 2000 PSF load capacity) for support of structures or sub -base under paving is not included. CONCRETE: If your project includes concrete. A. Your new concrete is sealed with an acrylic water based sealer. Periodic reapplication is necessary to maintain durability. B. Concrete will shrink/crack as it cures. Every effort has been made to insure new concrete shrinks; cracks in saw cut or tooled joints. We do not however guarantee against shrinkage cracks. C. All workmanship is per standard practices of the "American Concrete Institute." D. Reinforcement is per specs or our best judgment and installed per "Concrete Steel Reinforcing Institute" standard practices. E. Concrete trucks, dump trucks and equipment are heavy and may cause damage to existing concrete, asphalt, earth and underground utilities. Owner is to notify contractor of specific hazards of job site access. F. Salts, calciums or sodium chloride will damage all concrete and should not be used for eighteen (18) months on new concrete. G. Repair or replacement of vandalized, abused, cracked, spaled or salt damaged concrete is not covered under warranty. H. Add mixtures may be used at our discretion. Y Board Agenda September 25, 2018 Recommendation for i To: Board of Sanitary Commissioners Walt Chidester, Kym Vessel Copy: Bryan Ervin From: Jeff Lohmoeller Date: 9/25/18 Re: Recommendation — Approve an Agreement with Koorsen Fire & Security Madam President and Board Members, At the City's Landfill Scale house we had a security system installed several years ago by Koorsen Fire and Security. Koorsen also provides the service of monitoring this system for the Sanitary District. Purchasing has asked us to have signed Contract with Koorsen and the Sanitary District for this service. • Currently we owe Koorsen $240.00 for 2018 • 2019 is $300 August 1, 2018 to July 31, 2019 • 2020 is $300 August 31, 2019 to July 31, 2020 It is our recommendation to the board to enter in to an agreement with Koorsen for the monitoring of our security system installed by Koorsen at the prices listed above. Koorsen has done an excellent job for Sanitary District. \ Thank you, Jeff Lohmoeller, WWTP/Maint. Mgr. 'Koorserf FIRE & SECURITY REMIT TO: Koorsen Fire 8 Security NO.: 2719 N Arlington Avenue Indianapolis, IN 46218-3322 Invoice Date 1-888-KOORSEN Include invoice # on check. Cust ID 07RIC7906 Sold To: RICHMOND CITY OF 50 N 5TH ST *EMAIL INVS* RICHMOND, IN 47374 INVOICE 4484365 Date or Oust. Order PO REQ Work: M 07/02/2018 SO#: 4484365 Date 07/27/2018 Due: SERVICE07 / 5 JOB# Location: RICHMOND SANITARY LANDFILL 5242 NEW PARIS PK *EMAIL INV* FINANCE@RICHMONDINDIANA.GOV RICHMOND, IN 47374 07-HOUSE ANNUAL BILLING COMM BURG MON BASE SVC AUGUST 01, 2018 THRU JULY 31, 2019 PO: PO REQ ANNUAL BILLING COMM BURG MON CELL/NET AUGUST 01, 2018 THRU JULY 31, 2019 PO: PO REQ Total i REOr 4 C SEP i U 2 J 8 FI NAI U. 120.00 120.00 240.00 Pay online @ www.koorsen.com. To pay by credit card, please phone or return to us: Circle: VISA MC AMEX Card Number _---__-____--__- Name on Card Expiration Date _I_ Total Sales Taxable Sales Tax Amount Shipping Charge Invoice Total b 240.00 240.00 0.00 240.00