HomeMy Public PortalAboutADDENDUM No. 2 to Contract 38-2010 - Bader MecADDENDUM
THIS ADDENDUM, (Number 2 to Contract No. 38-2010) is made and entered into this
_8th day of _December 2011, by and between Richmond, Indiana, a municipal
corporation acting through its Board of Public Works and Safety with its office at 50 North 5th Street,
Richmond, Indiana, (hereinafter referred to as "City"), and Bader Mechanical, 110 West Main Street,
Richmond, Indiana, 47374 (hereinafter referred to as "Contractor").
WHEREAS, City and Contractor entered into Contract No. 38-2010 on March 25, 2010, and
Addendum Number 1 to Contract Number 38-2010 on November 24, 2011; and
WHEREAS, City wishes to continue to retain Contractor to provide maintenance services for the
heating and air conditioning (HVAC) systems located with the Richmond City
Building as set forth within the scope of Contract No. 38-2010.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
including the above stated recitals, City and Contractor hereby agree as follows:
The City and Contractor executed and entered into Contract No. 38-2010, on March
25, 2010. The City and Contractor also executed and entered into Addendum
Number 1 to the Contract on November 24, 2011, which addendum exercised the
City's option to renew the Contract for the 2011 calendar year.
2. Pursuant to Contract No. 38-2010, Section IV Term of Agreement, the City has a
final option to renew the Agreement for the 2012 calendar year, which option is
exercised pursuant to this Addendum.
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 38-2010 as follows:
SECTION X. 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).
Addendum No. 2 to Contract No. 38-2010
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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.
4. 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).
Both parties hereby agree that with the exception of the exercise of the option to
renew the contract for the 2012 calendar year, and the inclusion of the Indiana E-
Verify Program language and requirement that the associated affidavit be signed by
Contractor, Contract No. 38-2010 shall remain intact and unchanged.
IN WITNESS WHEREOF, this Addendum is executed and approved by the undersigned
representatives of the City and Contractor this _8th , day of _December 2011, 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
APPROVED:_S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: December 9, 2011
"CONTRACTOR"
BADER MECHANICAL, INC.
110 West Main Street
Richmond, IN 47374
Lo
Title: —Secretary / Treasurer
Date: —December 14, 2011
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