HomeMy Public PortalAbout181-2020 - Police - Heavenly Homes - Janitorial Services for 2021AGREEMENT
THIS AGREEMENT made and entered into this J�day of 2Q�01, 20 , and referred
to as Contract No. 181-2020, 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, 518 Greenbrier Drive, Richmond, Indiana, 47374 (hereinafter
referred to as the "Contractor").
SECTION I. 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 2021 calendar year, which services shall be performed on a weekly basis.
Contractor's Proposal, received December 14, 2020, 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. 181-2020
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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
2021 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, 2021, and shall continue in effect until
December 31, 2021.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects
which the parties to this Agreement could not have anticipated or controlled. Examples of a force-
majeure event, or its results, would include, but would not be limited to, events such as an Act of
God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the
Federal government, the State of Indiana, or local government.
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SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
properly 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 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
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.
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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:
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
Page 4 of 6
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 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 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
Page 5 of 6
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 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:
911,�& 14�-
Vf Robinson, President
I0
Emily Palmer, Member
By:
t� 46s;—�—
Matt Evans, Member
APPROVED:
David M. S or
Date: = i 0 Z021
"CONTRACTOR'
Heavenly Homes
518 Greenbrier Drive
Richmond, IN 47374
By: atz�
Michael G. French
Title: CO,�T/r�c1�2
Date: v /, l z— 4r- Z�/
Page 6 of 6
Heavenly Homes
516 Greenbrier Drive
Richmond, Indiana 47374
765-993-50.12 (Lavonne "Bo" French)
Proposal submitted to: Richmond Police Department (RPD)
50 North-5th Street, Richmond, Indiana 47374
Submitted December 14th, 2020 for 2021
Heavenly Homes (hereafter referred -to as HH) proposes to provide the following
services to the Richmond Police Department (hereafter referred to as RPD) on a weekly
basis:
Empty accessible trash cans and recycling containers and replace trash bags/liners as
needed.
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 rooms and officer mailbox area.
Vacuum accessible carpeted flooring. (i.e. Administrative offices, Detective Division) and
floor mats (i.e. main entrance area).
Clean restroom sinks, toilets and mirrors.
Mop floors in restrooms.
Restock toilet paper, paper towels and refill soap dispensers as needed.
Clean countertops in the Squad Room.
Wipe off counters and sink in the lab.
Clean drinking fountains/water bottle refill stations.
LIF�HIRIT A PAGE _1_0F 3.
Clean main entrance door glass.
Mop the Squad Room, Slate Up room, locker rooms, lab and Detective Division.
At least once a month HH will mop the flooring in the entrance area, main lobby and
main hallways.
The above services are projected to take HH four (4) 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 a.m. on Monday of each
week.
HH will provide additional cleaning to RPD at the request of RPD at the cost of $25.00
per man hour. Examples of additional cleaning services include cleaning shower(s) in
locker rooms, cleaning the weight/cardio room(s) and equipment or other duties
requested by RPD and accepted by HH. 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:
Cleaning the "overhead" area.
Cleaning desks or furniture of officers who have their own work areas (i.e. detectives,
administration, traffic or juvenile officers).
Cleaning or working with any office equipment (i.e. emptying shredders, filling paper in
copiers).
Cleaning ventilation system areas (i.e. heating/air conditioning or return air vents).
Any scrubbing or buffing of floors.
Carpet cleaning.
Emptying any Hazardous Materials containers.
Cleaning of light fixtures or replacing light bulbs.
RHIBIT—A PACE 2::.®F -3
Any plumbing (i.e. unclogging toilets or sinks).
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 (i.e. glass and toilet bowl
cleaners), 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 restrooms.
HH will provide a mid -week "touch-up" if requested by RPD at a 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 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 billed,
the cost of fees owed 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 starting January 1st, 2021 and ending
December 31 st, 2021.
Acceptance of proposal.
The above prices, specifications and conditions are satisfactory and are hereby
accepted. HH is authorized to do the work specified. Payments will be made as
outlined above.
r.,
Signature
Date