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HomeMy Public PortalAbout016-2013 - Street - D&D Janitorial Service - clean officesAGREEMENT THIS AGREEMENT made and entered into this /7 T-fiday of QI3, and referred to as Contract No. 16-2013 by and between the City of Richmond, Indiana, a mu cipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and D&D Janitorial Services of Richmond, Inc., 2333 West Cart Road, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services of the cleaning of the Street Department office spaces, including: 1. Twice weekly cleaning of offices, classroom, lobby, and restrooms; 2. Monthly dusting of blinds, vacuuming of chairs, and spray/buff tile floors; 3. Twice yearly cleaning of all interior office windows; and 4. Annual -strip: and wax: of all file floors.. In addition, Contractor shall provide all cleaning supplies and City shall provide paper goods such as trash can. liners and sanitary supplies. A Request for Quotes dated January 17, 2013, has been made available for inspection by Contractor, is on file in the office of the Richmond Street Department, and are 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 also attached hereto as Exhibit A, which Exhibit is dated January 23, 2013, consists of one (1) page, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all services listed on said 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 which are incidental to 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; 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.16 -2013 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Three Thousand One Hundred Twenty Dollars and Fifty Cents ($3,120.00) per year for complete and satisfactory performance of the work required hereunder. Contractor shall submit its invoice in the amount of Two Hundred Forty Dollars and Zero Cents ($240.00) to the City every four (4) weeks. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective as of January 1, 2013, and shall continue in effect until December 31, 2014. City shall retain two (2) options to renew for the 2015 and 2016 calendar years. 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 fulfilt in a timely and proper manner its obligations under this Agreement; b. submission ,by the Contractor to the City of reports that are incorrect or incomplete 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 effective date by Contractor, 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 shaII 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 Page 2 of 5 B. Employer's Liability C. Comprehensive General Liability Section 1. BodiIy Injury Section 2. Property Damage D. . Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $I,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. 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 VIR. COMPLIANCE WITH II�DIANA E-VERIFY PROGRAM RE UIREMENTS 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-I.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 Iiable 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 Page 3 of 5 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 suit arising under this Contract, if any, must be filed in said courts. The parties specificaIIy agree that no arbitration or mediation shall be required prior to.the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he 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 due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or 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: �&taw�? Vicki Robinson, President C By: Dian Lawson, ember Wn Date: ,?—Ag APPROVE . Sarah L. Hu on, Mayor "CONTRACTOR" D&D JANITORIAL SERVICES OF RICHMOND, INC. 2333 West Cart Road Richmond, IN 47374 Title: Date:_ Page 5 of 5 H1BJT ,,L- PAGE =L DAD JANITHORIAL SERVICE OF RICHMOND INC 2333 WEST CART RD RICHMOND,IN.47374 (765)939-0021 JAN23 2013 My company agrees to clean twice aweek the Richmond St. Dept. 700 Richmond Avenue,for the same price $240.00 ever 4 weeks:$ 3120.00 a. year Thanks Norma Donathon This is same price as 2012 _