HomeMy Public PortalAbout055-2019 - Park- Rhinehart Lawn Care - mowing Mc Bride StadiumAGREEMENT
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THIS AGREEMENT made and entered into this day of �� , 2019, and referred
to as Contract No. 55-2019 by and between the City -of Richmond, Indiana, a municipal
corporation acting by and through its Board of Parks and Recreation, with its office at 50 North.
5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City"Y and Rinehart's Lawn
Care and Landscaping, 5905 State Road '121, Richmond, Indiana, 47374 (hereinafter referred to
as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to locate twenty-seven (27) irrigation valve boxes at the McBride
Stadium for the Richmond Parks Department (the "Project").
Requests _for Quotes made in March of 2019, have been made available for inspection by
Contractor, are on file in the offices of the Richmond Department of Parks and Recreation, 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 Quotes is attached hereto as Exhibit
"A", which Exhibit is dated March 20, 2019, consists of one (1) page, and is hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to abide by the same.
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 which are
incidental to 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 and/or
warranties;
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. 55-2019
Page I of 6
SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nine Hundred Ninety-five Dollars and Zero
Cents ($995.00) for satisfactory completion of the Project.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed -by all parties and shall continue in effect
until satisfactory completion of the Project.
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 proper manner its
obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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
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Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly of 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 $1KOM
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
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
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 lava 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
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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 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:
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 acting 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;
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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 monies
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
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 party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
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.
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 suit arising
under this Contract, if any, 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.
Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of
this Agreement, including but not limited to City' s reasonable attorney' s fees, whether or not , suit
is filed.
In the event that an ambiguity or 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
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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,
INDLANA by and through its
Board of Parrs and Recreation
S
By:
Denise Retz, Superintendent
1 / ! O , J� r
Date: �
"CONTRACTOR"
RINEHART' S LAWN
CARE AND LANDSCAPING
5905 State Road 121
Richmond, IN 47374
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Title: <5*auftrol
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Page 6of6
Rinehart S Lawn Clare &Landscaping
5905 State .load 121
Riehjrrond, Indiana 47374
(rinehartsLC @an1ai I .corn)
PH: IN (765) 962-7940 OH (937) 456-7I68
FAX: (765) 962--4802
.._---.- .-----Lawn Care Proposal ----------------. ---
.Estimate for: Date: March 20, 2019
RICHMOND Parks Dept. 765 -960--S 969
Attn: Denise Retz deniseretz@riclunondiiidiana.gov
McBRIDE STADIUM
Richmond, IN
Estimate:
Locate Approximately 27 Valve Boxes
-- Furnish Necessary man power and equipment to go around warning track and
locate all covered valve boxes.
--Grade stake & flag all boxes lids as needed.
The. fee for the above services: Not to exceed $995.00
Payment expected within IQ days of receipt of invoice,
Authorized Signature
Note: This proposal may be withdrawri if not accepted hi days.
Acceptance of proposal:
The above prices, spccificztion and conditions are
satisfactory and are hereby accepted. You are autborized
To do the work as specified. Pa),ment will be made as
ou€ivied above.
Date of Acceptance;
Signature
Customer signature
The above work can be done in the next 5 to 7 days
[EXHIBIT ppGE �OF�