HomeMy Public PortalAbout192-2010 - IT - Tim Elstro's IT Services - various network upgrades.doc
AGREEMENT
THIS AGREEMENT made and entered into this _9th ____ day of _December____, 2010 and referred to as Contract No. 192-2010 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 Tim Elstro’s IT Services, 2344 Locust Lane, Richmond, Indiana, 47374 (hereinafter
referred to as the “Contractor”).
SECTION I. STATEMENT AND SUBJECT OF WORK
The City of Richmond Information Technology Department is in the process of implementing various network upgrades for the City Municipal Building, including, but not limited to wireless
upgrades, cable and wire management upgrades, server, voice, data, video, and electronic component upgrades (hereinafter “network upgrades”). City hereby retains Contractor to provide
services, labor, and materials to assist with the various network upgrades being implemented in the City Municipal Building (the “Project”).
Requests for Quotes were made on November 5, 2010. The response of Contractor to said request is on file in the office of the Department of Information Technology 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 services. Contractor shall exercise the same degree of care, skill
and diligence in the performance of its services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No
other warranty, express or implied, is included in this Agreement or in any drawing, specification, report, opinion or other instrument of service, in any form or media, produced in
connection with the services.
No work shall commence until the following has been met:
The City is in receipt of any required certificates of insurance; and
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 its services.
Contract No. 192-2010
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Three Thousand Two Hundred Fifty Dollars and Zero Cents ($3,250.00), for the complete and satisfactory performance of the work required
hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until December 31, 2011.
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.
Coverage Limits
A. Worker’s Compensation & Statutory
Disability Requirements
B. Employer’s Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$1,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $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 performance 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 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 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:_December 9, 2010 ______________
APPROVED:_S/S Sarah L. Hutton_____
Sarah L. Hutton, Mayor
Date:_December 10, 2010______________
“CONTRACTOR”
TIM ELSTRO’S IT SERVICES
2344 Locust Lane
Richmond, IN 47374
By:_S/S Tim Elstro _________________
Printed: _Tim Elstro__________________
Title:______________________________
Date:_December 10, 2010______________