Schroer Service System, Inc. d/b/a/ Jani King of Indianapolis/Util/10,032/Cleaning Servicest Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033 e
Contract of T Exceed $10,032.00AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
p9e�40dr THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES("Agreement")is
o
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and Schroer Service System, Inc. d/b/a Jani King of
Indianapolis, an entity duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE: n
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods. and Services") from Vendor using City
budget appropriation number 01-6360-06 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards. Vendor will not perform any of the Services detailed in Exhibit A prior to obtaining a
written Notice to Proceed from the City. Upon receiving a Notice to Proceed, the Vender shall perform only
those Services specifically detailed in the Notice. If the Vender desires clarification of the scope of any
Notice to Proceed, the Vendor shall obtain such clarification from the City in writing, prior to performing the
service set forth in the Notice to Proceed. Any services performed without the City's prior express written
authorization will not be compensated.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Ten Thousand Thirty Two Dollars ($10,032.00) (the "Estimate"). Vendor shall
submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services
provided to City within such time period. City shall pay Vendor for such Goods and Services within
thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and
to the extent such Goods and Services are not disputed, are in conformance with the specifications
set forth in Exhibit A, are submitted on an invoice that contains the information contained on
attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of
this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the .Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
[SXConoacts%Prof.Svm & Goods Sves UtilifimN2017Vani IGag of Indianapolis Goods and Ser 1—doc:4/26/2017 10:59 AM]
Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033
Contract Not To Exceed $10,032.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date'), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
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2
Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033
Contract Not To Exceed $10,032.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E -VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program., Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON -ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
[SAContmctslProf.Svcs & Goods S—WfiliticsV017Vsni King of Mi—polis Goods and S—icaA-4/262017 10:59 AM]
.Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033
Contract Not To Exceed $10,032.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
Carmel Water Operations Corporation Counsel
3450 W 131st Street Department of Law
Carmel, IN 46074 One Civic Square
Attention: John Duffy Carmel, Indiana 46032
If to Vendor: Schroer Service System, Inc. d/b/a Jani King of Indianapolis
6960 Corporate Drive
Indianapolis, IN 46278
Attention: Steve Vallier
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033
Contract Not To Exceed $10,032.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2017 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
[SXonnacts\Prof.Sva & Goods Svcs\Uti1ides\2017Uard King of Indianapolis Goods and Savi—doc:426/2017 10:59 AM]
,Schroer Service System, Inc. d/b/a Jani King of Indianapolis
Utilities - 2017
Appropriation #01-6360-06; P.O. #W10033
Contract Not To Exceed $10,032.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
By:
Jaqjjg Brainard, P;esi;liRg_Of9cer
Mary Anurke,
Date: �r
Lori S�Watso e�17
er
Date:
nATT,T:
hristine S. P
Date:
[S:\ComraaAProf.Svcs & Goods Svcs\Uti1ifiu\2017Van1 IGng of Indianapolis Goods and S—i—d-42&2017 10:59 AM]
Schroer Service System, Inc. d/b/a Jani King of
Indianapolis
By:
VA -
Authorized ignature
&-& A e1i ywt'ef-
Printed Name
Title
FID/TIN: 3s- 1 � 7,7 5-13
Last Four of SSN if Sole Proprietor:
Date: STNS- /-7
. - 5
C9 �
March 15, 2017 .
Greg Hollander.
:.CITY OF CARMEL: UTILITIES
3450=W._-131:st Street.
CARMEL, IN 46074
-Deaf Greg
Thank you very much for the time .arid interest you have' afforded me
concerning the' subject .of housekeeping for your building. JANI-KING
appreciates ihis opportunity.:
Enclosed is our::completed proposal; fora customizedprofessional cleaning
program including our Cleaning Schedule designed specificallyto ;address
the complex needs of your facility._
The total monthly charge represents your o' ly cost, and is inclusive of;.,,.
All labor
All :supervision. .
All higtetial for cleaning
All equipment for cleaning
All. payroll, payroll taxes, insurance,:etc:.
Our JAN]-KING representative is fully covered by.an insurance program
that -protects you in several ways. The General :Liability- Workers'
Compensationcoverage and Employee Dishonesty Policy provide
protection to our customers for claims due to. loss of'property or personal
injuries that are the result of,actions by JANI-KING personnel..
Please. do not hesitate tocontact.-me for any additional- information you
deem necessary in assessing our: proposal. Lan be :reached at (317) 293-
00:
Trusting we may be of service, .
r
Steve Vallier
Account Executive
GE*llBrr •
JANI=KING'S UNIQUE CONCEPT
Our Answer. ro: Your Cleaning.Prob%ms
I am pleased..to introduce JANI-KING of INDIANAPOLIS to you and -
your company.. The JANI-KING. concept is dramatically changing the building
maintenance industry.
JANI-KING recognizes that serious problems existed with conventional.
cleaning. services. These problems stem from.d lack:of proper supervision and
communication; and little concern about a job well done. JANI-KING realizes.,
-
that: work will be :performed only as well as. the individual :workers are trained,
motivated and su ervised. Findin quality individuals, who ossess. the abilit to
P .g q y p y ... .
consistently -supervise and motivate. the service personnel can solve_ the. problems
found in the conventional. service groups.
JANI=KING seeks individuals who will care..as much about your building
as you do.: Because we cannot provide these individuals with. ownership in your
company or building, .whish would surely promote the quality and: _concern we: are
looking to achieve, we offer qualified individuals ownership in a business. of their
own - a JANI-KING FRANCHISE:: As a further benefit to our Client; a team of
professionals from the JNDIANAPOLIS REGIONAL OFFICE: supports our..
;JANI=KING franchise owner and his or:her staff. This "Double Check System's .
ensures the enhanced qualityof service and the attention :to detail that, has become
synonymous: with. the JANI-KING:name.
The JANI-KING FRANCHISING CONCEPT. has enabled us to -provide
buildings' throughout Indianapolis; both large and sinall, with a businessperson
who has theintelligence, attitude, desire and determination to. maintain the high:
..
level:of cleaning standards that you demand, for -your building- -
Our AUTHORIZED JANI-KING FRANCHISE OWNER has successf ill
Y
completed an extensive. training program and as a member : of- our team .of
dedicated. professionals have the . procedure, personnel, equipment, insurance,
bonding and support necessary; to become an integral: part of your maintenance
:program. Our franchise. owners' concern = :the dedication -to the :appearance of
your building - cannot, be equaled.
ur.program has been the answer to.cleanin problems faced b building
g P c
_. Y g
owners. and managers throughout the country and around the world for more than.
thirty years.. .
Please do not hesitate to contact me directly at 293-0200 for. any additional information
that you: may require: .
o
IXHIBIT
2
�T
GENERAL PROCEDURES
JANI-KING
MAINTENANCE AGREEMENT
This Maintenance Agreement ("Agreement') is made as of the Effective DatebeYlow b .and betwet n Schroer Service System;
Inc. dlb/a/ Jani=icing of Indianapolis ("Jani=King") and C1TY, OF CARIVlEL UTILITIES: ("Client!').
In consideration of the mutual ciwenants and oliligations set out in the Agreement; the parties hereby:agree.as follows:
1. PERFORMANCE OF SERVICES
a. Performance of the services scheduled shall begin theday of 2017.
b.. The services shall be:perf6fted at the following loc'at'ion:
CITY OF CARMEL-UTILITIES
3450 W. 131 sf Street.
CARMEL, IN 46074
c. The=premises: making up the working area under this AgreementWillbe known further• in the Agreement as the "Named
Areas",:which are.defined.as Entry, Offices, Map room, Conference room, Kitchen, Halls and restroom
d.: Jani-King agrees to service the Named Areas'as scheduled: Two (2) timeswr"
e. Jani=King agrees to furnish all eguipmegt, tools and paraphernalia necessary to maintain the:Named Areas in a neat; clean. and
orderly, condition as outlined id the Cleaning Schedule attached and made apart of this Agreement. .
2.: PAYMENT OF SERVICES
a. Client agrees to. pay to Jani-King each month the total minimum sum stated in the attached Pricing Schedule, on: or before:the
.
last dayaf each month .in which 'services are rendered. Additionally,. Client agrees that all payments due and owing Jani
King, for any reason, shall:be properly crediied:only:when delivered to JANI=Ki.NG OF INDIANAPOLIS,. 6960 Corporate
Drive, INDIANAPOLIS, !N 46278. - -
b. Credits for holidays recognized. by Ciicnt were pre -determined as part of the monthly charge herein. No other adjustments
will be made for those holidays.
c. :The amount to be paid by Clicnt may be increased- or decreased to reflect an increase or decrease in: the area of space serviced'
and the kind,- amount or frequency' of:ser'vice to be rendered.. Such: modifications. shall. ,be :binding only if in writing and
signed by both parties.
d, wIrf the event payment for services is not received .within thirty (30) days from.the date such payrtient: is due; Jani-King may
sus end services to. Client until such payment is received. Suspension of. services.by Jani-King under. this Section shall not
deprive Jani=King of any of its remedies or action for payment of services or other rights. -
3.:INDEPENDENT BUSINESS RELATIONSHIP
X. It is agreed that Jani=King will selectand designate all personnel to perform its obligations under:this Agreement:.
b. It is agreed. tliat Jani-King and any of its personnel are not, and shall not be, during the term:hereof,. employees of Client but.
are'independent contractors; and in this regard, such Jani-King authorized•personnel will not be within :the protection or.
coverage of Client's:Workers' .Compensation Insurance"and no withholding of Social Security, Federal or Stare Income Tax or
other deductions shall be made from the sutns agreed to be paid to Jani-King herein; the same being contract paytrierits and
not wages:
c. Client agrees during the term of. this Agreement and within one hundred and eighty(180) days atter 1ennination that it will not.
employ any employees, agents, representatives or franchisees of Jani-King _without the express written consent of Jani-King.
Jani=King agrees during the cerin: of this Agreement and within onehundred and eighty_(180) days after termination it will not
employ any employees, agents or. representatives of Client without :the. express Nvritten:consent of Client.
°EXHIBIT °
Int. Int.
4. TERM OF AGREEMENT:.
a. The term of this Agreement shall be for one (1) year from the date services are -scheduled fo begin; as stated in Section La, and
shall be automatically renewed on each anniversary_ date on the same terms and conditions, unless'either party shall give .
written notice oftenninafion. at least thirty (N) days prior to,such anniversary date. If timely.nodce is given for termination,
this: Agreement shall expire armidnighf of the anniversary date. Otherwise, this Agreement:may only be terminated for. hon -
performance -as set out below.q.
b.:.Non-performance.is defined as the failure, neglect: or refusal to perforin atiy:act outlined in the:Cleaning.Schedule. Before
any termination for.non-performance is effective, the terminating party must give the other- written notice specifying in
detail the nature of any defect or failure: in performance.:Upon the effective date of the receipt of notice of non-performance,
Jani-King, at its election, shall have fifteen (15) days in which. to cure the defect in performance to the reasonablesatisfaction
of Client. In the event the defect is not satisfactorily cured at the end: of the fifteenth (15th) day from. the effective date, the
terminating party shall provide written notification to the other parry of .the failure to satisfactorily cure the defect. This .:
Agreement shall then terminate fifteen. (15) days from the. date of the second notice. -
c. All notices between Client and Jani-King, shall be in writing: and deposited, postpaid: and certified, with the United States
Postal Service, or a recognized common parcel courier. providing express, receipted delivery to the address as stated in this
Agreement. All :other :notices, including: notices personally delivered. to 'individuals performing 'services under this
Agreement, shall be ineffective.
Time is of the essence for all notices requited under the terms of, this Agreement.
5. GENERAL PROVISIONS
a. In the event it becomes necessary for either party to institute it against the other to secure or protect :its rights under this.
Agreement, the prevailing party shall be entitled to all associated costs.of the:suit, including. reasonable attorney's fees;:
administrative fees; court costs and damages as part of any. judgment entered in its favor.
b. The terms'of this Agreement shall be binding upon and inure to the benefit of Jani-King and: Client and their respective heirs,
- representatives, successors:and assigns, except as otherwise herein provided:
e. _Any waiver by either parry to this Agreement of a breach of any term or. condition of thisAgreement shall not.constitute a
waiver of any subsequent breach of the same or any other tern or condition of this Agreement..
d. Both parties agree that they have fully reviewed.and dis6ussed'the terms of this Agreement, with the:attached Cleaning
:Schedule, and acknowledge: that the terms reflect the entire Agreement :of the parties and it supersedes all prior:
:representations and understandings of the parties; :.
e. Any changes or.modification to this Agreement must be in :writing; signed by both parties and attached hereto.
WATER OPERATIONS BUILDING CLEANING EXPECTATIONS
OTHER -SERVICES
1. Defective or inoperabae building equipment will be brought to:the-aft ention of CLIENT such as:
A. Leakage or problem plumbing.
B.
Defective lights, or: lighting.
C. Doors and/or gates not properly_secured.
D.::. Other unusual circumstances such that -might affect the security;:maintenance or : .
effectiveness of the facility. . .
2. Additional cleaning and maintenance services shall be provided, upon request, for anadditional
fee.. Those services include:
A. An anti=static material applied to all newly cleaned carpeting.
B. A carpet -protector material applied to all newly cleaned carpeting.
...
C. Carpet: extraction.
D. Ceiling and Wall cleaning.
E. Light cover cleaning and re-lamping. .
F. Window.cleaning. (Perimeter). ..
G. Mini: -Blind cleaning..(Steam)
-N. Sidewalk and parking to. cleaning.
3. Caremill be exercised so that baseboards; walls and furniture will not be: splashed, marred_,:
disfigured or damaged. during these or any other scheduled operations:
4. Janitor closets,: equipment and materials shall be kept ina neat, clean and orderly -condition at
all times.
MSD -sheets will be kept on-site in a file. :..
5. Jani-King is available for emergency cleaning on an on:call basis. 24/7._ Call 293=0200 anytime.
"EXHIBIT . u
a
Int. Int.
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease:
$100,000 each employee
Bodily Injury by Accident/Disease:
$250,000 each accident
Bodily Injury by Accident/Disease:
$500,000 policy limit
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT D
AFFIDAVIT
,574 tv Vqllie-r , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
I. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
Sig r (the "Employer")
in the position of &",-F L%kee gelfll-e
3. I am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E -Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the lS75f- day of A , 20Z.
Printed: %C / /eP
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
h
Printed:
City' of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997
PAGE 1
PURCHASE ORDER NUMBER
W10033
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
PURCHASE ORDER DATE
DATE REQUIRED
REQUISITION NO.
VENDOR NO.
DESCRIPTION
4/24/2017
00350844
JANI KING OF INDIANAPOLIS
VENDOR 6960 CORPORATE DR
INDIANAPOLIS IN 46278
CARMEL WATER OPERATIONS
SHIP 3450 W 131st STREET
TO CARMEL, IN 46074
CONFIRMATION I BLANKET I CONTRACT I PAYMENTTERMS I FREIGHT
QUANTITY I UNIT OF MEASURE I DESCRIPTION I UNIT PRICE I EXTENSION
1.00 Each CLEANING SERVICES 10,032.00 10,032.00
01-6360-06
PLEASE INVOICE IN DUPLICATE Credit 0.00
Department Account Project I Project Account AMOUNT
PAYMENT 10, 032.00
SHIPPING INSTRUCTIONS `A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
` SHIP PREPAID NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
C.O.D. SHIPMENTS CANNOT BE ACCEPTED VOUCHER HAS THE PROPER SWORN AFFADAVIT ATTACHED.
* PURCHASE ORDER NUMBER MUST APPEAR ON ALL ` I HEREBY CERTIFY THAT THERE IS AN OBLIGATED B LANCE IN
SHIPPING LABELS THIS APPROPRIATION SUFFICIENT TO PAY F T ABOVE ORDER.
' THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
TITLE
DOCUMENT CONTROL NO. W10033 CLERK -TREASURER