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Home My Public Portal About132-2021 - S&M Home Solutions - securing doors and windows - 118 Richmond Avenue AGREEMENT nn,�rr,�, THIS AGREEMENT made and entered into this Z1 day of OCh ke/- , 2021, and referred to as Contract No. 132-2021, 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 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 118 & %2 Richmond Avenue (common address of 118 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 15, 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 17, 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. 132-2021 Page 1 of 7 • 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 Page3 of7 • 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 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 Page 5 of 7 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 attomey'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 By: BxSc6C Vicki Robinson,President By: -/-L-1 7,A.._______-- Printed: S C1 r`�h J 0,M kJroily Pa(mer, Member By: • �� Title_9 r)Q.r1 Matt Evans, Member liii APPROVED: i' Date: Q /o��l"� I . Sno�� Date: l'® ?,4 76e/ Page 7 of 7 rr.N S & M Home Solutions LLC 0100 �pME sooN�� 1710 Holsapple Road OuOit Richmond, IN 47374 765-977-1129 Phone: : + Person Quoted: \\ 4-4-N r, Email: h" : 1(L (7 n 4 :,) Customer Name: Estimated Completion`,Date: :Billing Address:C-Jb .( s 11`.1r Job Address: % `? < t-�, 0c' (1 AN./0 1 . n r. ' • QUANTITY DESCRIPTION PRICE TOTAL -,, 5 4- to 4r ,1 tom. ..� ._..-- • COMMENTS/PERSONAS TOTAL- PROPERTYTO BE LEFT State Tax Total Sale . Deposit PAYMENT TERMS: Quotes are good for 30 days . Balance Due Cost of all materials is due.before start of project Remaining balance due immediately,upon completion,of-project . •Insufficient funds/returned check fee is$35.00 EXHIBIT ( PAGE 1 OF ( 7 WHITE:Customer Copy)nvoice YELLOW File:Copy PINK.,Quote