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HomeMy Public PortalAbout127-2012 - Sanitary - Phillips Drug - BillingPAYMENT SERVICES AGREEMENT THIS AGREEMENT made and entered into this � day of �('� Ur , 2012, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board (hereinafter referred to as the "City") and Phillips Drugs, 631 East Main Street, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to accept payment of City's sewer utility -bills (including storm water charges contained therein) and storm water utility bills and remit such payments to City, all according to the Scope of Work attached hereto as Exhibit "A," which Exhibit consists of one (1) page, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform the work and provide the services described on 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. 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 and/or warranties; and 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) SECTION IL 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 11I. COMPENSATION As compensation for performance of its services under this Agreement, Contractor shall be entitled to collect directly from City's sewer billing customers who choose to pay, using Contractor's payment locations, an amount equal to the per -transaction fee which Contractor charges to its other utility billing customers who choose to pay their bills at its locations. No other compensation shall be due, or paid, by City to Contractor under this Agreement. Contract No. 127-2012 Page 1 of 5 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective November 1, 2012 or when direct sewer billing by the City commences, whichever occurs first, and shall continue in effect until December 31, 2013, and shall renew automatically for one-year periods thereafter unless notice to terminate is given by one of the parties at least sixty (60) days prior to the expiration of a term. 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 and/or competent manner its obligations under this Agreement, or b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; In the event of such termination, the City shall be required to make prorated 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 by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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. FA C. Coverage Worker's Compensation & Disability Requirements Employer's Liability Comprehensive General 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 Page 2 of 5 D. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 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 -Pursuart to Indiana -Cade L2�-5-1. on rac or is require 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 1C 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. 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. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. Page 3 of 5 SECTION IX. 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 X. 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 f- 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. 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. Page 4 of 5 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 Sanitary Commissioners By: 1/ Richard 19odiker, President Gilbert Klose, Vice President Member Date: THE CITY OF RICHMOND, INDIANA by and through its Storm Water Management Board By: 15��--C_ Sue Miller, President Richard Bodiker, Member Gilbert Klose, Member Date: � 0 — i:2? 3' "CONTRACTOR" Durr 7 rDC r1DTT!`_C Title: Oc-.) Date:%BOZO 1 -L APPROVED: 44� Sarah L. Hutton, Mayor Date: l(7 Page 5 of 5 Scope of work Phillips Drugs will accept sewer payments for the District Monday through Sunday except on closed holidays. Only cash, check or money order will be accepted. Phillips Drugs will accept payments at the following locations: ° 631 East Main Street, Richmond, IN 47374 ° 1390 National Road West, Richmond, IN 47374 After receiving payments, Phillips Drugs will prepare a utility deposit sheet (attached) showing customer account number, bar code, customer name and amount paid. Perforated portion of bill will also be attached to deposit sheet. Each day will have a new utility deposit sheet. Bar code scanning will be used to minimize errors. Each location accepting payments will have their own deposit sheets. At the end of each day Phillips will write a check totaling all money and money orders collected for sewer accounts. Customers who pay by check will have check made directly out to City of Richmond, Sanitary District; therefore Phillips will deliver to the Finance Department. Phillips Drugs will deliver deposits daily for all previous day sales to the City of Richmond, Finance Department, 50 North 5 Street, Richmond, IN 47374. Deposits will be delivered by S:OOPM Monday through Friday. Monday deposits will include all payments made Friday, Saturday and Sunday. The Finance Department will receive in all money delivered from Phillips Drugs, deposit will be counted and signed in a ledge book specially for sewer payments. Phillips Drugs will sign off on agreed deposit amount. Phillips Drugs can take payments up to and including the due date. Partial payments will be accepted. Once customer account is past due payments can not be accepted and customer must contact Richmond Sanitary District at 765.983-7450. Customers with any discrepancies on their accounts will be directed to Denise Johnson, Customer Service Manager of the Sanitary District at 765-983-7450, Valerie Fonzer, Deputy Controller at 765-983-7218 or the Sewer Administrative Assistant at 765-983- 7477. Phillips Drugs will provide a Certificate of Insurance to be kept on file, meeting City of Richmond requirements. EICHIBIT—A—PAGE —L—OF I