HomeMy Public PortalAbout123-2021 - S & M Home Soultions - Emergency securing of premises - 130 Richmond Avenue 0
AGREEMENT
THIS AGREEMENT made and entered into thiscO day of k ,Mb 2021,and referred
to as Contract No. 123-2021, by and between the City of 'chmond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety(hereinafter referred to as
the "City") and S&M Home Solutions, LLC, 1710 Holsapple Road, Richmond, Indiana, 47374
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the securing of all windows
and doors of the upstairs unit of the duplex located at 130 Richmond Avenue (common address of
128 Richmond Ave.) and the cleaning of the premises for the City of Richmond, Indiana, for the
Department of Code Enforcement (hereinafter referred to as the "Project").
Request for quotes were made on September 13,2021,and have been made available for inspection
by Contractor, is on file with the Department of Code Enforcement, 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 was received September 15, 2021, consists of one (1)page, and is hereby incorporated by
reference and made a part of this Agreement. Contractor agrees to comply with all terms and
conditions contained in"Exhibit A."
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.
Contract No. 123-2021
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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.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed One Thousand Four Hundred Ninety-seven
Dollars and Eighty-six Cents ($1,497.86) for complete and satisfactory performance of said
Project.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
until satisfactory completion of the Project, which completion is expected to be within five (5)
days of the issuance of the notice to proceed.
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;
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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.
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 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
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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 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.
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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 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
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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
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.
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.
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.
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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" "CONTRACTOR"
THE CITY OF RICHMOND, S&M HOME SOLUTIONS, LLC
INDIANA by and through its 1710 Holsapple Road
Board of Public Works and Safety Richmond, IN 47374
B �GG� .
Vicki Robinson, President
By: PS Printed:cQ rrQ- J Qn. \2S
Emily almer, Member
By: Title: 9 v-'fl 4...C—
Matt Evans, Member
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APPROVED: __ ���'� Date: I' 01 ( 4 I
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Date: (0 6 //zo 21
Page 7 of 7
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HOME SOLUTIONS LLC
Richmond, IN 47374
76 5-977-1129
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QUANTITY DESCRIPTION PRICE TOTAL
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COMMENTS/PERSONAL TOTAL1� I =>.
PROPERTY TO BE LEFT: % /
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PAYMENT TERMS: Quotes are good for 30days . Balance Due L> / L., -!` C
•Cost of all materials is due before start of project '
•Remaining balance due immediately,upon completion of project )744144 *tla
•Insufficient funds/returned check fee is$35.00 EXHIBIT Pc PAGE 1 OF,
WHITE:Customer Copy/Invoice YELLOW: File Copy , 6lNK:Quote