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Home My Public Portal About039-2015 - Sanitary - Elite Clean - Cleaning Services for SanitaryAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this 4115-1*' day of Aeg--L 2015, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Elite Clean, 543 Oakview Drive, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide janitorial/cleaning services at the facilities occupied by the Richmond Sanitary District. A Request for Quotes dated January 20, 2015 has been made available for inspection by Contractor, is on file in the offices of the Department of Sanitation for the City of Richmond, is attached hereto as Exhibit "A", consisting of four (4) pages, incorporated herein by reference and made a part of this Agreement. Contractor shall provide all janitorial/cleaning services listed on Exhibit "A". The response of Contractor to said Request for Quotes is attached hereto as Exhibit `B", which Exhibit is dated February 2, 2015, consisting of two (2) pages, 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 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. SECTION III. COMPENSATION City shall pay Contractor a monthly fee of Two Thousand Dollars and Zero Cents ($2,000.00) for the completion of all work herein. If City requests work outside the scope of the work described on Exhibit "A," Contractor shall be compensated at the rate of Nineteen Dollars and Fifty Cents ($19.50) per hour for each person performing work. Contract No. 39-2015 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective March 1, 2015 and shall continue in effect through February 28, 2016. City, in its sole discretion, may elect to extend the term of this Agreement through February 28, 2017. If City elects to extend this Agreement through February 28, 2017, all terms and conditions, including, but not limited to, Contractor's rate of compensation, shall remain in effect. 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; 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, 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 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 6 B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 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 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 22-5-1.7 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. Page 3 of 6 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: 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 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 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. Page 4 of 6 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 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. 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. 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 5 of 6 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 axed on different dates. By: "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By. s 6. l V l v ct V d Ce �r�5r v�� Printed name: eAC ei �S �/1 L� � "CONTRACTOR" ELITE CLEAN Date: APPROVEDC� Sarah L. Hutton, Mayor Date: f� J Title Date: /:;f/ xc Page 6 of 6 Listed by each iin.. ual building; dnaLmistratiion Building — Entire BuildinS *+• Floors and rugs vacuumed and swept twice a week. Move all chairs, mop, and replace chants. Move chafrs :and mbp chair mats: Replace chairs Dust all furniture items, including legs and table bases and,windowsills, 4. Empty all trash; cans and xeploce liners if needed:. •;+ Clean: bathrooms every time you tome: In (urinals; toilets, mirrors and sinks), mop tyvieg a: week. Replenish supplies,(Le. toilet tlssue, paper towels, soap). and restock cabinets �.+ Clean kitchen area, include ,cleaning of sink, outside of mtcrowave and :counter area,, Mop this area twice a week. Move all. chairs, mop, and replace chairs Ate All fieors must be stripped and waxed every six months where applicable *• Windows must be washed inside every two months l out side times a year, :end of April, end of August and end of December Wien cleaning the *Indow9 knock down cobwebs, dirt and bugs in wthdowsiz s inside and out 4t i?ust`all n"blinds weekly +:• Carpets need to be :shampooed I times a year, end of January, and end of July. v ratio areas must be swept twice a. month and cobwebs swept from window areas both sides of building •:� Sweep and mop entry area every time you some in. Sweep both sides of entry doors, knock down cob webs; dart andbugs in: windowsillson each side. •+ All boxes and bagged trash left in garage area; needs to be taken to dumpster each night of cleaning oor Area Includes Break Raom and Restrooms 47.) •:+ Floors swept and mopped Mice a week. Move all c . airs, mop, and replace chairs, Move chairs. and. mop chair mats. Replace chairs. +« Empty all trash cans and replace liners if needed !Av Dust all furniture items, includiing legs and table bases and windowsills • Windows must be. washed inside: every twwo months/outside 3 times a year, end of April, end of August and eud'of December.'4fi'tpe out sills; •:+ All floors must be stripped and waxed every six months EXHIBIT PAGE �OF �, Clean bathrooms every time, you come in (urinals; toilets, mirrors and sinks), mop twice a week. Replenish supplles,(i,e. toilet tissue, paper towels, soap) and restock cabinets Patio areas'must be swept, twice a month and cobwebs swept from windows areas both sides of building ❖ Clean and sweep elevator once -a week. Mop mat in elevator 4-Sweep locker room floor and `floor around shower each time you co3ne in and mop.. Clean shower walls. and floor Lab Building — V & 2°d.Floors Floors and stairwells swept and mopped every six months. •• Empty all trash cans and replace liners If needed •:+ Dust all furniture items, including legs and table bases and wmi dowsills 4- 'Windows must be washed inside/outside 3 times a year, end of April, end of August and end of December. Wipe out sills All floors must be stripped -and waxed every six emonths were applicable.— . LAB ARflA mop tiYice a week with ammonia' free cleaner + Clean bathrooms every time you come in (urinals, toilets and sink), mop twice a week. Replenish supplies,(Le.. toilet tissue, paper towels, soap) and restock cabinets Clean and. sweep elevator once a week. tiutengnce Garage Offices (3) Breakroom-M .and Restroom02) + Floors, swept and mopped; twice a week. MoYc chairs, map mats and replace chairs. •R+ ;Empty all trash cans and replace liners if needed 4; Dust all furniture tem, including legs and table bases s and windowsills not Windows must be washed insideloutside 3 times a year, end of April; end of August and. end`of December. Wipe out sills All floors must be stripped -and waxed every six mouths •: Clean bathrooms every time you come.in (urinals, toilets, mirrors and sinks), mop twice a week. Replenish supplies,(i.e. toilet tissue, paper towels, soapy and restock cabinets 1� Floors swept and mopped twice a week. Empty all trash cans and replace liners ff needed Restroom on 2°� floe building needs to be cleaned every time you come in Replenish supplies, (1.e. toilet tissue, paper towels, soap) and )restock cabinets 4. Windows in stairway and on east and west ends of YI floor cleaned inside%outsid'e twice a year nfriep f1Y_ Restrooms M. Hallway`. Break Room,. EXHIBIT __J_ PAGE _OFL Floors swept every time -you come in and mopped twice .a week. Move chairs, mop mats and replace chairs. Vacuum rugs. ❖ Empty all trash cans and replace liners if needed •; Dust allfurniture items; including legs and table bases and windowsills; Window' srmust be washed inside/outside 3 times a year, end of April, end of August and end of December. Wipe Out sills_ *:* ARIloors must be stripped and waxed every 6 months Clean bathrooms every time you come in (urinals, toilets, mirrors and sinks), sweep.and mop each time you are in. Reple�uiA supphes,04, toilet tissue, paper towels, soap) and restock cabinets �;eep locket` "room floor and floor around shower each fauns you come ui and mop. Clean shower walls and floors 4 Carpets need to be.shampooed 2 times a year; end of January, and end.nf July in Safety Coordinators office. Compressor Building=Restroom • Cleanedr'swept and mopped every time you come tn.'Wplenish supplies,(t.e. toilet tissue, paper towels, soap) and restock cabinets Empty all tr-ash cans and replace liners if needed tiler • -Floors and rugs, vacuumed and swept twice a week, Mop -mats at windows oir door and replace mats. Move chairs, mop and replace chairs: •,• Empty all trash ,cans and repiaee liners if needed Dust all furniture items, including legs and table bases and windowsills._ +'• Clean bathrooms {urinals, .toiijets,. mirrors ands' uilcs), Include Mopping twice a week. Replenbb. suppl es,(i.e. toilet tissue, paper towels, soap) and restock cabinets Windows must be washed inside/outside 3 time a year, end of April, stud of July and end of December. Wipe out sills • � Allfloors m office area amd trailer must stripped and vaxecl-every six months ' +� All Floors need to be swept and mopped twice a week. Move tables and chairs, mop and replace table and chains. Move :office chairs and mail mop both floors and miat, replace chairs. A. Empty all trash cans and replace liners ff needed 44. Dust all furniture items, including legs and table bases and windowsills •'- All windows (interior and exterior, including doors with windows) must be washed inside! outside every three months. Wipe out ffis •:* All floors must be stripped,and waxed every six months EXHIBIT -A— PAGE _3_OF L—j 3 •.+ Clean Restrooms every time you come in (urinals, toilets, mirrors and sinks) and mop. Replenish supplies,(i.e. toilet tissue, paper towels, soap) and restock cabinets When to clean DAY/TlME and what the Sanitary District will supply: 1. Cleaning must be done on Monday and Thursday after working hours. 2. Working hours are 6:00 AM through 4:30 PM. 3. District will supply all of the paper products (toilet paper, paper towels, trash bags and hand soap); . 4. Trash and boxes in garage of Administration Building needs to be emptied and taken out to dumpster each time of cleaning. 5. Shampoo carpets twice a year end of January and end of July or as scheduled by District personnel. 6. Services outside of specifications may be requested at an extra fee, per hourly rate specified on Price Request. 7. Make sure you realize all of the windows that need to be cleaned, several are two and three stories high the use of a power washer will be needed. Periodically we may want the Administration building power washed. 8. District personnel will conduct reviews of services provided periodically. 9. Please include the hourly rate if extra work would be requested. 10. Include at least 3 references with contact names and numbers. 11. Contract will be good for 12-months Starting March 1, 2015 Signing of Contract 2015 to February 28 2016 with and option to renew at the same price for year two (year 2017) ending February 28, 2017 Should you have any questions or like to tour the facilities, feel free to contact Jeff Lohmoeiler at 765-983-7464 or Denise.Johnson at 765-983-7443. EXHIBIT PAGE __�_OF__� 4 PRICE REQUEST u c • s i CITY OF WCHMOND D90LMERTY T 1JE.R102NTSANITATION THIS IS NOT AN ORDER 2330E1BF127Y,1VE\`UE.R[CFAtO\\'D, INDC-1.Va 9737d PHONE (765) 90-74SOoFAX (765) %2-2669 I VENDOR I INSTRUCTIONS I This Is a request for a price for the services of materials Pierce Marshall dba Elite Clean described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. 543 Oakview Drive Please complete your full name and phone number below with signature; Itemize all prices and charges where Richmond, IN 47374 requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Attn: Pierce Marshall Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: JANUARY 20, 2015 10:OOAM on FEBRUARY 10, 2015 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for janitorial/cleaning services for Richmond Sanitary District. The period of services will be from 03/01/2015 until 02/28/16 with the option to renew at the same price for year two (year 2016 ending 02/28/2017). Janitorial/Cleaning Service for Richmond Sanitary District: See Attached Specifications A pre -quote meeting will be held January 26, 2015 at 10:00am at 2380 Liberty Avenue (Administration Building) Total Monthly Cost $ '2 ood - Lb Shampoo Carpets (two x yr) $ CgCjar Li -'SOS:L per cleaning Additional Requests $ 1 Q . S-0 per person per hour There may be additional cleaning requests, as needed. Certificate of Insurance must be Included with Quote. Return this sheet in a sealed envelope addressed to: Richmond Sanitary District Board of Commissioners 2380 Liberty Avenue Richmond, IN 47374 Re: ;(OJT-ZOOJanitorial Services Questions? Call Jeff Lohmoeller at 765-983-7464 or Denise Johnson at 765-983-7443. NAME 0IQ9Iit"01W1lWI3, TE TAX EXEMPTION # 003121909-001 AUTHORIZED 8Y SIGNATURE iRLE �e .L�alri�coelle� a 1 `0 /.6 `745-135-CMa-� Richmond Sanitary District DATE PHONE NUMBER EXHIBIT,_a PAGE I OF 2016 ending- February 2.8 201'� RICTOND SANITARY DISTRICT Price Request Sheet Contractor. Name: f i 'f e- eJ a 4J Y .- Certificate of Insurance: E=Verify: Indiana LocalPreference: 5 EEff��