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Home My Public Portal About116-2023 - Sanitation - Sargent Equipment & Repair - Getting New Machinery PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this2(;" day of J; ,,pic 2023, and , c• • • referred to as Contract No. 116-202.3, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Sargents Equipment and Repair, 281 East Sauk Trail, South Chicago Heights, [1., 60411 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services in connection with the service and repair of the Trammel, Sorting and Bailing Machines, which work is more particularly described on Exhibit "A", which is the Contractor's response to the City's request for quotes, which is attached hereto and iiiicorporated by reference herein. 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 perform all work herein in a timely manner, conforming to all applicable professional standards. The 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(10(2); and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall he 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. i1:16-2023 Page I of 7 SECTION III. COMPENSATION City shall pay Contractor an amount consistent with that which is set forth in Exhibit "A"; however, said amount shall not. exceed 7fwenty-live "fhousand 'Dollars and Zero Cents (S25,000.00) for the work performed pursuant to this Agreement. SECTION IV. TERM0F AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall remain in effect until Contractor completes the Statement and Subject of Work described herein. 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 live (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. 'Fhis Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons lbr 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 he Page 2 of 7 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. INPEMNLFJ('AIIJQN ANL) 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 tr 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 lr whose acts the Contractor may. he held responsible. ('overage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability S100,000 C. Comprehensive General Liability Section. I.. Bodily Injury S1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage SE000,000 each occurrence D. Comprehensive Auto Liability. Section 1. Bodily Iniury $1,000,000 each person S.1,000,000 each occurrence Section 2. Property Damage S 1,000,000 each occurrence U. Comprehensive Umbrella Liability. $1,000,000 each occurrence S2,000,000 each aggregate Professional Liability Errors $1,000,000 each occurrence and Omissions $2,000,000 each aggregate Page 3 0 f 7 SECTION VI. (...X.MPLIANGE WI FFI WORKER'S COMPEASKFION 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 SECTION VII. Ct)MPLIANCE WIFE' INDIANA E-VERIE),,7 PROGR.A.N4 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. Contracur 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 fr::,-Verify program no longer exists. Prior to the performance of this Agreement, (..:ontractor 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. SECTION VIII. 1RAN 'INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16,5, (....".,ontractor certifies that Contractor is not engaged in investment activities in Iran. In the event ('by 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 (:ontractor, 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 .1.0 5- 22-16.5, the City reserves the right to consider the ('ontractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set ...forth above. nage 4 of 7 SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1.-1.0, 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 4. That this Agreement may he 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 for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. Page 5 o 1:7 SE(7ION XL NtiS(...IE.LL.A.NEOI„TS 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 he 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 he 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. 'fhis 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. "F he 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. 'lite 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. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable hr all costs incurred by City in its efforts to enforce this Agreement, including but not 1.imited to, City's reasonable attorney's fees. [Signature Page to Follow.] Page 6 of 7 In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall he 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, Indiana, by and Sargents Equipment and 4iir4ervice through its Board of Sanitary Commissioners By: LI Miller, President (Printed): /44,4./0/ 4_,40 4)7-- Dated: Title: e.,19 Aman Bakshi, Vice President Dated 6 • Dated: J tei Member Dated: I APPROVED: c-DttvitHvt. Snow,Dated: OC 7-4 0 2,3 Page 7 of 7 155 Industrial Drive 281 E. Sauk Trail I OiSeiPARAVUN;;I Gilberts, IL 60136 S. Chicago Heights, IL 60411 Phone. (847) 844-4131 Phone: (708)758-2062 EQUIPMENT & REPAIR SERVICE Fax: (847) 844-4132 Fax: (708) 758-2676 www.SargentsEquipment.com SOLD TO SHIP TO CITYO3 CITY OF RICHMOND RICHMOND SANITARY DISTRICT ACCOUNTS PAYABLE 50 NORTH 5TH ST 2380 LIBERTY AVENUE RICHMOND, IN 47374 RICHMOND, IN 47374 °S\SS,,Eat,,V.RNRIBAstigt,ea,Vk%,,,,AvA,SK;tjttEaVa-LVasih,,ist..1:i.,,trqartr."grat,,s5ESIV,SrtgpWa.tt iVanaa-Mpwlanimusetntatweisarmworigamoaovvo ',.:wwwymigemoofti ove.;,• ',,,:f.elf:4111011011141,111111111111111111111111-11111±141101111011.111MEI QV,91:kSURY... „ ,, 02 QUOTEI9EOR PIWENTATIVE MAINTENANCE FOR BADGER BALER&CP 13581 49 *!° 21,05 29„ 01 QUOTE IS TO'b.**OUT TO THE JOBSITE REMOVE ANY PANELING IF NECE'S5APVTOPACCESS'AVIMQCHAIN5VNWEWIlliSECATtWTHEgCHAIWANDgaADJUSTED THE. TENSION . . INSTALL EVERYTHING *P WE REMOVED NI. LET . . 0000 LABOR FOR WO DESCRIBED 00,--POMILEAGE SVC ppooDz . _ _ _3,50. 00000Z ., $1-1.0P bOgQ.24 1-19Tg.44 QUOTE ARE. NEEDED IT WILL BE . EXTRAQUOT.EDOESNMINCLUDEANYADDITIONAL4TIMEIFNEEDsDgggog FOR_FROZEN_ PINS_OR_BROKEN_HARDWARE, TO SOLVL THE PROI?tEM BUT TO HELP GET IT UP AND RUNNING TILL THE FARTS ARRIVE, Q.UOTEQOESWT INCLUDE ADDITIONAL TIME TO * SEGMENT SUBTOTAL QUOTE IS VALID FOR 30 DAYS QUOTE DOES NOT INCLUDE APPLICABLE TAXES,FREIGHT OR INSTALLATION UNLESS STATED PRICING SUBJECT TO MANUFACTURES INCREASE Y34181T PAGE IMMEMONSOMENMANUEMNINEONEMEMNOMM PAY THIS milk ati-osoot.-m..arda.,Akogri....mitow ,woommoco :Nmi. AMOUNT Please remit payments to: P.O Box 2387, Palatine, IL 60067 QUOTE IS VALID FOR 30 DAYS (M1' ,417Z, 155 Industrial Drive 281 E. Sauk Trail t!,441'.4 !! Gilberts, IL 60136 S. Chicago Heights, IL 60411 , Phone: (847) 844-4131 Phone: (708) 758-2062 EQUIPMENT & REPAIR SERVICE Fax: (847) 844-4132 Fax: (708) 758-2676 www.SargentsEguipment.com SOLD TO SHIP TO CITY03 CITY OF RICHMOND RICHMOND SANITARY DISTRICT ACCOUNTS PAYABLE 50 NORTH 5TH ST 2380 LIBERTY AVENUE RICHMOND, IN 47374 RICHMOND, IN 47374 MONSWPROWPFTSMffutwonopuommennangomowngpmummgmamosnagnon gimitc:,W , ,440(10420444*-,_ Aibmg404.0041,00000-04001400amom.C.;1*00 bmqp ,Awoo44p9womovavok:amwsomoqa*aa4xownwgomftgAwooeoiowgaRgtvApiotgoryav Tax D Qty Description -------------------------------* Price Amount SORTING SYSTEM. - SORTING MACHINE JOB SCOPE AS FOLLOWS ...INCIJUDES _PRE7ROTKOP:PREP TIME,. CHECK OILERS ON SIDES_OF CONVEYORS . ERFORM:.:/1MAINTENANCEONMOTORSREASE011PERMOTORSPECSI5F5 ADJUST TENSION ON CONVEYORS . CLEAN THE AIR EXHAUST DUCTS ON THE CYCLONE, CHANGE OIL :ON EACH SPEED REDUCER ON ,EACHMACHINE, THE AUTO TIE FOR wgrs.R. PARTS THAT MAY .NEEP 7.0 BE REPLACED OP SERVTCED. ..: INSPECT AND ADJUST HOLD DOWNS IP NEF DED. 00000 I GEAR OIL, EILTERS, SAMPI,E I190 . 74 1190. 74 TECH- LABOR - pooDo LABOR 22e .MILEAGE,ONEJ/MY . . 00000Z SHOP SURFLLIES 477 . 75 000004 HOTEL AiID PERDIUM 1. 6() , 00 ANY REPAIRS., OUTSIDE.,OF, SCOPE OF WORK WILL. .BE AN EXTRA ..CHAROE U.LIC, ...QT. .,BE GlANCE H..„IT_W.ILL_BE_EXTRA ANY'OADDITIONAWPARTSNEEDEOgWILWBEAWEXTRACHARE DOES NOT INCLUDE PARTS NEEDED EQRTIERTNEE ITEMS), OUTSIDE OF SCOPE OF WORK ADDITIONAL TRAVEL, & LABOR CHARGES WILIPBEAPPITEDP.ARTSPRICEKISSUBJECTDZOMANUFACTURER : :::: PAI( GUANOF ALl ARL AS WI LL NEED.TO BE ,CLEAN_EORNS-TO ACCESS ALL -THE EQUIPMENT BEINc SERVICED OR ADDITIONAL TIME MAY RE NEEDED AND APPLIEL). QUOTE IS VALID FOR SO DAYS QUOTE DOES Nar INCLUDE APPLICABLE TAXES,FREIGHT OR INSTALLATION UNLESS STATED PRICING SUBJECT TO MANUFACTURES INCREASE MINT 4 OVNE, 7- oF gatininineresammencommantanwmamolow PAY THIS MOgtrS*2tngtgOVgagrg,ttMnangaedEeagggnn AMOUNT nr Please remit payments to:P.O Box 2387, Palatine, IL 60067 QUOTE IS VALID FOR 30 DAYS 155 Industrial Drive 281 E. Sauk Trail (44, 441, Gilberts, IL 60136 S. Chicago Heights, IL 60411 Phone: (847) 844-4131 Phone: (708)758-2062 EQUIPMENT & REPAIR SERVICE Fax: (847) 844-4132 Fax: (708) 758-2676 www.SargentsEquipment.com SOLD TO SHIP TO CITY03 CITY OF RICHMOND RICHMOND SANITARY DISTRICT ACCOUNTS PAYABLE 50 NORTH 5TH ST 2380 LIBERTY AVENUE RICHMOND, IN 47374 RICHMOND, IN 47374 %vocgt Ngogommtlxwmpwwwqmismummaxwggstm*goimmoPtemopPomm ORAONsINININIK0W59 ,o0pvig.04.01Agrit, 00mmath, 401.41010 400APX,. 140MMONWObjAdLABINNIMEWNONadlitliNONAOSIENN$PANIgAttINtlitagglig Tax D Qty Description -------------------------------* Price Amount QUOTE IS VALID FOR SO DAYS QUOTE DOES NOT INCLUDE APPLICABLE TAxea,FREIGHT OR INSTALLATION UNLESS STATED PRICING SUBJECT TO MANUFACTURES INCREASE EXHMRTPAGE _c*t25 ** SUBTOTAL 21835 . 29 X Charge Sale sommetpolestimamentattegialigii:00,ii606.0*000 PAY THIS nil" igtoMeatigatloOktiggtwiamtivigwougnemoommoom AWUNT ma$21835 . 29 Please remit payments to: P,O Box 2387, Palatine, IL 60067 QUOTE IS VALID FOR 30 DAYS