HomeMy Public PortalAbout120-2007 - RFD - Preventive MaintenanceAGREEMENT
THIS AGREEMENT made and entered into this _6t' day of _December , 2007, by and
referred to as Contract No. 120-2007 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 Preventive Maintenance Services: Pedro Feliciano, 129 South 5tn Street,
Richmond, Indiana 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the general maintenance and repair of all Fire Department
Apparatus, Fire Department vehicles, and other miscellaneous maintenance repairs to firefighting
tools.
This shall include, but not be limited to the following:
(a) Maintenance and repair of Fire Engine 1, 2, 3, 4, 5, 6, Rescue Vehicle, Truck II, stand-by
I, stand-by II, Special Ops, Snow Plow, Reserve and Fire Department vehicles.
(b) Creation and maintenance of maintenance records of all City equipment serviced by
Contractor, which records shall at all times be available to, and the property of, the City.
(c) Provision of the following:
(1) All parts and labor to maintain the listed equipment in a safe and serviceable
condition.
(2) Written itemized documentation for all parts and services as the jobs are done.
(3) An itemized list of major repairs which might require future budget appropriations.
A Request for quotes has been made available for inspection by Contractor, is on file in the
offices of the Purchasing and Fire Department, and 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 is dated January 31, 2006, consisting of two (2) pages, and is hereby incorporated by
reference and made a part of this Agreement. Contractor shall provide all equipment and services
listed on "Exhibit A."
On March 6, 2006, City and Contractor entered into an Agreement, Contract 12-2006, which
granted City a second and third year option to renew. City, exercised its second year option to
renew Contract No.12-2006. City, by way of this Agreement, Contract No. 120-2007, hereby
exercises its third year option to renew Contract No.12-2006.
City and Contractor's Agreement to the one (1) year extension is attached hereto as Exhibit B
which Exhibit is dated November 12, 2006, consists of one (1) page, and is hereby incorporated
by reference and made a part of this Agreement.
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 repairs fewer than Two Thousand Dollars and Zero Cents ($2,000.00).
Contract No. 120-2007
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No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until a purchase order has been issued by the Purchasing Department.
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 III. COMPENSATION
City shall pay Contractor as follows for complete and satisfactory performance of the work
required hereunder:
(1) Thirty -Nine Dollars and Zero Cents ($39.00) per hour for labor regular hours
(Monday through Friday 8 a.m. to 4:30 p.m.)
(2) Thirty -Nine Dollars and Zero Cents ($39.00) per hour for labor performed outside of
regular hours.
(3) All parts will be provided at a mark-ups as follows:
(a) Zero to Three Hundred Dollars ($04300.00) not to exceed fifteen percent (15%);
(b) More than Three Hundred Dollars ($300.00) not to exceed ten percent (10%).
ADDITIONAL PROVISIONS:
A. Contractor shall obtain verbal approval from the Fire Chief or the Fire Chiefs designee for:
(1) purchase of parts which are estimated to be more than Three Hundred Dollars ($300.00);
(2) any repairs which are estimated to be more than One Hundred Dollars ($100.00), but less
than Three Hundred Dollars ($300.00);
(3) repairs for Fire Station 4.
B. City shall provide a telephone for Contractor to use to contact part supply companies regarding
parts for the City at no cost to Contractor.
C. Contractor shall obtain written approval for any City -required specialty training courses. The
City will pay for City -required courses and limited accommodations associated with the courses.
SECTION IV. LEASE OF SERVICE SPACE FROM CITY
Contractor shall lease two (2) service bays and office space at Fire Station No. 4, 801 South 81n
Street, Richmond, Indiana for One Dollar ($1.00) per year. The location of the leased bays and
office area are illustrated in the cross -hatched area of Exhibit B attached hereto and hereby
incorporated by reference.
City shall retain the right to make reasonable rules for use of the leased areas, and shall provide
Contractor with thirty (30) days notice prior to said rules taking effect. The City may institute
reasonable rules immediately if necessary for the efficient operation of the Fire Department.
Contractor shall provide insurance on its own equipment and tools and hereby agrees to release
and hold harmless the City from any liability for negligence associated with the loss, damage, or
theft of tools or equipment owned by Contractor. Contractor will be responsible for the cleaning
and maintenance of all leased areas. City shall at all times have access to the leased premises,
which premises shall be returned to the sole possession of City at the end of this Agreement.
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Contractor may not sublease any of the leased premises.
All improvements to the leased premises made by Contractor shall become fixtures and shall
remain for the benefit of City.
Contractor agrees to indemnify the City from liability to third parties which may arise due to
Contractors use of the leased premises.
SECTION V. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until December 31, 2008.
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 excluding time allotted for the order of custom
parts and other parts availability;
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.
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 VI. 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
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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
C. Comprehensive General Liability
Section 1. Bodily Injury $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
$300,000 each occurrence
Section 2. Property Damage $100,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VIL 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 VIIL 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:
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;
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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;
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 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 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
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.
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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"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: S/S Vicki Robinson
Vicki Robinson, President
Date: December 6, 2007
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: December 7, 2007
"CONTRACTOR"
PREVENTIVE MAINTENANCE
SERVICES, Pedro Feliciano
By:_S/S Pedro Feliciano
Printed name: LPedro Feliciano
Title: Owner
Date: December 10, 2007
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