HomeMy Public PortalAbout037-2010 - Purchasing - Elite Clean - janitorial servicesAGREEMENT
THIS AGREEMENT made and entered into this _25th day of _March , 2010 and
referred to as Contract No. 37-2010 by and 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 Elite Clean, 543 Oakview Drive, Richmond, IN
47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide janitorial services for the City Building, located at
50 North 5th Street, Richmond, Indiana, 47374.
Certain Bid Specifications dated February 17, 2010 and March 1, 2010, have been made
available for inspection by Contractor, are on file in the offices of the Director of Purchasing
for the City of Richmond, 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 Bid Specifications is attached hereto as Exhibit "A",
which Exhibit is dated February 18, 2010, consists of one (1) page, and is also 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 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
2. 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.
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed One Thousand Three Hundred Seventy-
five Dollars and Zero Cents ($1,375.00) per month for janitorial cleaning services and
cleaning maintenance and an amount not to exceed One Hundred Fifty Dollars and Zero
Cents ($150.00) per year to strip, buff, and wax the hallway floors.
Contract No. 37-2010
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SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective April 1, 2010, and shall continue in effect until
December 31, 2010. City shall retain two (2) options to renew for the 2011 and 2012
calendar year. The option to renew for the second calendar year in 2011 shall be at the same
compensation rate as set forth in this Agreement. If the option to renew is exercised for a
third calendar year in 2012, the contracted amount of this Agreement may be increased by
three (3%) percent.
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 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.
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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
$300,000 each occurrence
$300,000 aggregate
$100,000 each occurrence
$300,000 each person
$300,000 each occurrence
$100,000 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 VII. 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
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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 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 VIII. 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 IX. 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
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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:_S/S Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Mary Jo Flood
Mary Jo Flood, Member
Date: March 25, 2010
APPROVED:_S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: March 26. 2010
"CONTRACTOR"
ELITE CLEAN
543 Oakview Drive
Richmond, IN 47374
By:_S/S Pierce T. Marshall
Title:
Owner
Date: March 28, 2010
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