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049-2014 - Certified Home Inspetion - Pest Control
AGREEMENT 1 THIS AGREEMENT made and entered into this day of , 2014, and referred to as Contract No. 49-2014 by and between the City of Ric mond, Indiana, a municipal corporation acting by and through its Board of Parks and Recreation, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Certified Pest Exterminators, 2343 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 termite treatment services at the Springwood Pavilion for the Richmond Parks and Recreation Department. A Request for Quotes dated April 11, 2014, has been made available for inspection by Contractor, is on file in the offices of the Richmond Department of Parks and Recreation, 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 April 11, 2014, consists of two (2) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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. 49-2014 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Seven Hundred Seventy-seven Dollars and Zero Cents ($777.00) for complete and satisfactory performance of the work required hereunder with any additional treatment necessary due to re -infestation to be performed free of charge for the duration of three (3) years from the date of the initial treatment. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect for three (3) years after the date of initial treatment. 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 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, 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. 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 Page 2 of 6 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $600,000 each occurrence $600,000 aggregate $600,000 each occurrence $600,000 each person $600,000 each occurrence $600,000 each occurrence E. Comprehensive Umbrella Liability $600,000 each occurrence $600,000 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 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 Page 3 of 6 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. 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 acting on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee Page 4of6 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 be canceled or terminated by the City and all monies 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. SECTION XI. 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. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It 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. 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 specifically 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. Page 5 or 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 Parks and Recreation By= , e /-- � �- , /, - Bill Thistlethwaite, Superintendent Date: q —Z3,, APPROVEI).�d/ 44'le4&� Sarah L. Hutton, Mayor Date: 3 "CONTRACTOR" CERTIFIED PEST EXTERMINATORS 2343 West Cart Road ma Printed: N16,4ee525 Title: Date: Page 6 of 6 EXHIBIT PAGE _1 -0 F 7_ Indiana Business Licenses , ti ti CERTIFIED Pesticide Business 9214805 CER7Tf1E0. Pest Exterminators Pesticide Applicator=F214704 � I 765-965-7793 TERMITE TREATMENT PROPOSAL AND SERVICE PLAN CUSTOMERCI+ >� {t uvr�rJ1,1 _ �� crK DATE � `(� PHONE �� �'� — e��� (5 jj t ? ADDRESS L IU: � ? � � ��. CITY I\ + (�1 ��� � f � ST.ATETW ZIP 1 ? -7 7 PROPERTY ADDRESS OF TREATMENT inn ; �� ;_1 InC` 1 { / L2' a { CITY n 4r, I,Ir,t1b� STATE_ ZIP CODE i 7� STRUCTURE(S)TREATED_ THIS PLAN PROVIDES FOR THE COST OF TREATMENT OF SU RTERRANE-4,N TERMITES ONLY. THIS CONTRACT DOES NOT PROVIDE PROTECTION FROM OR COVER4GE FOR ANY OTHER WOOD DESTROYING ORGANISi11, INSECT OR ANY OTHER PEST, INCLUDING FORMOSAN TERMITES. For the sum of J / + Certified Pest Exterminators will provide the necessan� service to protect the identi- fied structure(s) against the infestation of subterranean termites (Reticulitermes, sp., Heterotermes sp.). For a period of 3 vears anv further treatment found necessary due to re -infestation will be performed FREE of charge. Certified Pest Exterminators agrees to re -Inspect the property treated a7.nuaIly, Due to the nature of con- struction an&or the extent of existing damage andlor application restrictions. this agreement does not guarantee against present or future damage to property or contents, nor provide for repairs or compensation thereof. At the end of warranty and with the customers request Certified Pest Exterminators will extend this protection plan for' sufiterraneeaan t m es for the sum of S % 7, :.;--per year payable on or before the end of the previous protec- tion period. This contract may be renewed annually for a maximum of four (4) renewals. Certified Pest Exterminators reserves the right to adjust the renewal fee annually. By sianine this contract, 1, the customer, certify that I have read and fully understand the provisions on the front and back, and the attached graph, with all its terms and conditions. DATE CUSTOMER DATE CUSTOMER DATE �_1— 1 COMPANY R Additional Comments L UYER'S RIGHT TO CANCEL YOU, THE BUYER, MAY CANCEL THIS TR.�N'SACTION AT ANY TIME PRIOR TO IMIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. �HIAIT Pti� �- 1 TERMS AND CONDITIONS I I. FUTURE DAMAGE, LIMITATION OF LIABILITY. Due to the nature of construction. application re strictions. and,W the extent of existing damage to the identified property. Certified does not guarantee against future damage to the property or contents, nor provide for repairs or compensation thereof. Certified's Liabil- itv under its zuarantEE is limited to re -treatment only. ?. EXISTING DAMAGE. Certified is not responsible for the repair of either visible or hidden damage existing as of the date of this agreement. Because damage may be present in areas that are inaccessible to visual in- spection. Certified does not guarantee that the dama-e disclosed on the inspection graph represents all of the existin-a damage as of the date of this agreement. =. WATER LEAKAGE. Water leakage in treated areas, in interior areas or through the roof or exterior walls of the identified propem, may destroy the effectiveness of Certified treatment and is conducive to new infesta- tion. Customer is responsible for makin- timely repairs as are necessary to stop water leakage. Upon comple- tion of repairs by customer, Certified will provide additional treatment to control infestation at customer's expense. Customer's failure to make timely repairs or purchase the additional necessary treatment will termi- nate this agreement automatically without further notice. 4. ADDITIONS ALTERATIONS, This agreement covers the property identified on the inspection graph as of the date of initial treatment. In the event the premises are structurally modified, altered or otherwise changed or if soil is removed or added around the foundation. Customer will notify Certified prior to such addition or alteration and will purchase the additional treatment required by the changes incurred. Failure to do so will terminate this agreement automatically without further notice, In the event of structural notification. Certified reserves the right to adjust the annual extension charge. 5. NOTICE OF CLAIMS, ACCESS TO PROPERTY. Any claim for re -treatment under this agreement must be made to Certified during the contract term or any extension thereof. Certified is only obligated to retreat under this agreement if a valid claim is made during the contract term, including any ex -tension thereof and customer must allow Certified access to the identified property for any purpose contemplated by this agree- ment, including but not limited to re -inspection, whether the inspection was requested by the customer or con- sidered necessary by Certified . 6. DISCLAIMER. Certified°s Liability under this agreement will be terminated if Certified is prevented from fulfilling its responsibilities under the terms of this agreement by reason of delays in transportation, shortages of fuel and/or materials, strikes_ embargoes. fires, floods, quarantine restrictions, earthquakes, hurricanes, or any other act of God or circumstances or cause beyond our control. This agreement provides a re -treatment +guarantee for subterranean termites only (Reticulitermes sp., Heterotermes sp.), not dry wood termites (Kalotermes sp., tncisitermes sp.. Crvptotermes sp.), not Formosan termites (Coptotermes sp.), or any other wood destroying organisms as stated herein. This agreement does not cover any and all damage resulting from termites. Damage resulting from/of services required for moisture conditions, includinu but not limited to fun- us damages. Damage resulting from/of services required for masonry failure or grade alterations. Certified disclaims any liabilit), for special, incidental or consequential damages. the aunrantee of re -treatment as stated in this agreement is given in lieu of anv other guarantee or warranty, express or implied, includ- ino anv warranty or merchantability or fitness for a particular purpose. 7. CHANGE IN LAW, Certified performs its services in accordance with the requirements of federal, state, and local law. In the event of a change in existing law as it pertains to the services herein. we reserve the right to revise the annual extension charge or terminate this agreement & NON-PAYMENT, DEFAULT. In case of no'n-payment or default by the customer, Certified has the right to terminate this agreement and reasonable attorney's fee and cost of collectiutl shall be paid by customer, wheth- er suit is 'filed or not. In addition, interest at the hiErhest rate lezal rate will be assessed. 9. ENTIRE AGREEMENT, The service order signed at the time of purchase, service plan and the graph consti- tute the entire agreement between parties and no other representations or statements will be binding upon the parties. 10. ARBITRATION. The customer and Certified agree that any controversy or claim between them arising out of or relating to this agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules then in force of the American Arbitration Association. The decision of the arbitrator's shall be a final and binding resolution of the disagreement that may be entered as a judgment by any court of competent jurisdiction. Neither party shall sue the other where the basis of the suit is this azrecrncnt other thwi for enforccamut of the arbitrator's decision. In no cyent shalt either party be liable to the other for indirect, special or consequential damages or loss of anticipated profits. CERTI-5 OP ID: BL CERTIFICATE OF LIABILITY INSURANCE DATE (MM 04/14/2011 YY) 1 2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pc icy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Select Insurance Agency, Inc. 95 Main Street Tuckahoe, NY 10707-2911 Glenn Dauberman CONTACT Select Insurance Agency, Inc. PHONE 914�95-3131 AA No. Ext : AIC No : 914-395-0200 AI oA,Ess: quotes selectagency.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Markel Insurance Company 38970 INSURED Certified Pest Exterminators 2343 W Cart Road INSURER B: Richmond, IN 47374 INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCEADDLISUBR INSR WVD POLICY NUMBER POLICY EFF MMl0DfYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH oc1.uRRFNCF $ 300,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � CCCUR PCG20016406-00 10712912013 07/29/2014 DAMA_� ro RENTED FREMIJES�Eaoccuren_e_�_ 100,00 i MED EXP (Any one per=_on) i $ 5,00 PERscP.AL a ADV INJU?v $ 300,00 GENERAL AGGREGATE $ 600,00 GEN'L AGGREGATE LIMIT AFPLIES PER PRODUCTS- COMP/OP AGE- $ 600,00 POLICY PRO ,LOC X JECT S AUTOMOBILE LIABILITY COMBI NcD SINGLE LIN11T Ea �cacent $ $ AN'( AUTO BODILY (`JURY (Rerperscn) ALL OWNED SCHEDULED AUTOS A,UTC_ �, BODILY NJURY (Peracadent) S NON -OWNED HIRED AUTOS AUTCS FROFERTY DAMAGE i "PER ACCIDENT) S S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB :.'LAIMS-MADE DED RETEN—ION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN T _CRY LIMITS EIR E L EACH ACCIDENT S ANY PP.OPRIETORJPARTNEF'IEXEC.GTI�,F OFFICEPIMEMBER EXCLUDED" NIA i E L DISEASE - EA EMFLOI =E $ (Mandatory in NH) If yes. desc-ibe under DESCRIPT JN OF OPERATIONS celow E.L. DISEASE - POLIC" LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION CITYOFR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Richmond Parks Dept AUTHORIZED REPRESENTATIVE 50 N. 5th Street Richmond, IN 47374 , ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Affidavit of Employment Eligibility Verification �4pThe Contractor, , affirms under the penalties of perjury that Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies he or she is a United States citizen or qualified alien. The Contractor has not knowingly employed or contracted with an unauthorized alien and shall not retain an employee or. contract with a person that the Contractor subsequently learns is an unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintain this certification throughout the duration of the term of a contract with a subcontractor. I hereby verify funder the penalty of perjury that the foregoing statement is true. Dated this f ( y of , 20,,:��44t�7 (sign re) i 7 (printed name)