HomeMy Public PortalAboutADDENDUM No 1 to contract 174-2009 - EarlywineADDENDUM
THIS ADDENDUM, (Number 1 to Contract No. 174-2009) is made and entered
into this _23rd day of November , 20 11 , by and between Richmond, Indiana, a
municipal corporation acting through its Board of Public Works and Safety with its office at
50 North 51h Street, Richmond, Indiana, (hereinafter referred to as "City"), and Earlywine
Pest Control, 2234 Boston Pike, Richmond, Indiana, 47374 (hereinafter referred to as
"Contractor").
WHEREAS, City and Contractor entered into Contract No. 174-2009; and
WHEREAS, Contract No. 174-2009 contains an option to renew which the City
wishes to exercise for the 2012 calendar year; and
WHEREAS, City wishes to retain Contractor to continue providing pest control
services for the City within the scope of Contract No. 174-2009; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, including the above stated recitals, City and Contractor hereby agree as follows:
1. The City and Party executed and entered into Contract No. 174-2009, on
December 17, 2009. Contract No. 174-2009 is incorporated by reference.
2. Pursuant to Contract No. 174-2009, Section IV Term of Agreement, the City
has an option to renew the Agreement for the 2012 calendar year, which
option is exercised pursuant to this Addendum.
3. Both parties hereby agree to renew Contract No. 174-2009 with the same
terms and conditions set forth in that Agreement, with the exception that the
date of the term shall be extended to December 31, 2012.
Addendum No. 1 to Contract No. 174-2009
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4. Both parties agree that in accordance with Indiana Code 22-5-1.7-1 et seq., all
service contracts entered into or renewed after June 30, 2011, must include the
Indiana E-Verify Program Requirements, which requirements are set forth and
incorporated into Contract Number 174-2009 as follows:
G. 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.
5. Contractor agrees that no work shall commence until the City is in receipt
of any required affidavit signed by Contractor in accordance with Indiana
Code 22-5-1.7-11(a)(2).
6. Both parties hereby agree that with the exception of the extended dates and the
inclusion of the Indiana E-Verify Program language and requirement that the
associated affidavit be signed by Contractor, Contract No. 174-2009 shall
remain intact and unchanged.
(Signature page to follow.)
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IN WITNESS WHEREOF, this Addendum is executed and approved by the
undersigned representatives of the City and Contractor this _23rd day of November ,
20 11 , to be effective in accordance with its terms as of January 1, 2012.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:—S/S Vicki Robinson
Vicki Robinson, President
By: S/S Dian Lawson
Dian Lawson, Member
By: S/S Anthony L. Foster, II
Anthony L. Foster, II, Member
Date: November 23. 2011
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
EARLYWINE PEST CONTROL
2234 Boston Pike
Richmond, IN 47374
LM
Title: President
Date: November 29, 2011
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