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County Form 55 - ANNUAL SERVICE PROVIDER CONTRACT WITH
(ENTER NAME ABOVE)
THIS AGREEMENT, entered into this _____ day ________________, 20_______ effective from _________________ 20______ to______________ 20____ by and between ______________________, (hereinafter called "Service Provider") and the BOARD OF COMMISSIONERS OF THE COUNTY OF LAKE (hereinafter called the "County").
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Employment of Service Provider. The County agrees to engage the Service Provider and the Service Provider hereby agrees to perform the _______________services designated in this contract as evidenced by the attached offer from the Service Provider which is incorporated as part of this contract.
2. Scope of Service. The Service Provider shall do, perform, and carry out in a good and professional manner the following services
A. Must provide Union/Prevailing Wage.
C. Provide only Journeyman for all services unless otherwise requested.
D. Dedicate at least one Journeyman to Lake county sites.
E. Have a single phone number to place a service request (24/7)).
F. Responding service provider must call back within 20 minutes.
G. Required to be onsite within 2 hours of initial request.
H. Required to have no less than two journeyman available.
3. Time of Performance. The services to be performed hereunder by the Service Provider shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement.
4. Compensation. The County agrees to pay the Service Provider: as follows:
ENTER THE FEE AGREEMENT
5. Changes. The County may, from time to time, require changes in the scope of the services of the Service Provider to be performed hereunder. Such charges, which are mutually agreed upon by and between the County and the Service Provider, shall be incorporated in a written amendment to this agreement.
6. Termination of Agreement. Either Party may terminate this agreement, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination.
7. Accomplishment of Project. The Service Provider shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws.
8. Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy which the County may have under this contract may be waived in writing by the County by a formal waiver, if, in the judgment of the County, this contract, as so modified, will still conform to the terms and requirements of pertinent laws.
9. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract.
10. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto.
11. County Not Obligated to Third Parties. The County shall not be obligated or liable hereunder to any party other than the Service Provider.
12. When Rights and Remedies Not Waived. In no event shall the making by the County of any payment to the Service Provider constitute or be construed as a waiver by the County of any breach of covenant, or any default which may then exist, on the part of the Service Provider, and the making of any such payment by the County while any such breach or default shall exist in no way impair or prejudice any right or remedy available to the County in respect to such breach or default.
13. Personnel. The Service Provider represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All of the services required hereunder will be performed by the Service Provider or under his supervision, and all personnel engaged in the work shall be fully qualified to perform such services.
14. Equal Opportunity and Affirmative Action. The Consultant agrees by the execution of this contract that in regard to its operations:
A. No person shall, on the grounds of race, color, national origin, or sex, be excluded from participation, be denied the benefits of, or be subject to discrimination.
B. The principles of equal opportunity in employment and delivery of services are applicable and commits to a policy and practice of nondiscrimination and affirmative action based upon age, military service, ancestry, color, national origin, physical handicap, political affiliation, race, religion, and sex.
C. The provisions of the Affirmative Action Program adopted by the Board of Commissioners of the County of Lake on May 31, 1977, as applicable are incorporated by reference as part of this agreement.
D. The provisions of all Federal Civil Rights laws and the Indiana Civil Rights law as applicable are incorporated by reference as part of this agreement.
E. Breach of any of the equal opportunity and/or non-discrimination provisions of the agreement remedy available to the County in respect to such breach or default.
F. Where applicable, non-discriminatory clauses and affirmative action clauses shall be made a part of any agreement, contract or lease between the Consultant and any organization, corporation, subcontractor, or other legal entity that benefits from the funds paid to the Consultant by this agreement
15. Miscellaneous Provisions.
A. This agreement represents the entire understanding between the parties, and modifications of this agreement shall not be effective unless reduced to writing and signed by both parties. In the event any portion or portions of this agreement are found to be void and voidable portions; these portions shall be stricken, and the remaining portions enforced.
B. Service Provider may not subcontract any part of the work covered herein without the prior written consent of the County.
16. Information Availability.
A. Information that is the property of Lake County shall be made available in accordance with the Indiana Open Records Law, I.C. 5-15-5.1-1 et seq.
B. County recognizes and acknowledges that in the course of performing the services provided hereunder it may have access to certain confidential or proprietary information of Consultant and Consultant’s business and computer operations. County hereby agrees that it will not, at any time during or after the term of this agreement disclose any such confidential or proprietary information to any person unless required by law or upon obtaining the prior written consent of Service Provider.
17. Notice. Any notice, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below.
A. IC 22-5-1.7 Chapter 1.7. Public Contract Services, Business Entities; Unauthorized Aliens.
B. IC 22-5-1.7.2 “Contractor” As used in this chapter, “contractor” means a person that has or is attempting to enter into a public contract for services with a state agency or political subdivision.
C. IC 22-5-1.7-3 “E-Verify program” As used in this chapter, “E-Verify program” means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV,s. 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control.
D. IC 22-5-1.7-4 “Person” As used in this chapter, “person” means an individual, a corporation, a limited liability company, a partnership, or another legal entity.
E. IC 22-5-1.7-5 “Political subdivision” As used in this chapter, “political subdivision” has the meaning set forth in IC 36-1-2-13.
F. IC 22-5-1.7-6 “Public contract for services” As used in this chapter, “public contract for services” means any type of agreement between a state agency or a political subdivision and a contractor for the procurement of services.
G. IC 22-5-1.7-9 “Unauthorized alien” As used in this chapter, “unauthorized alien” has the meaning set forth in 8 U.S.C. 1324a(h)(3).
H. IC 22-5-1.7-11 Contractors with public contract for services required to use E-Verify program; business entities that receive certain grants required to use E-Verify program Sec. 11. (a) This subsection applies only to a public contract for services entered into or renewed after June 30, 2011. A state agency or political subdivision may not enter into or renew a public contract for services with a contractor unless:
(1) the public contract contains:
(A) a provision requiring the contract to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the E- Verify program; and
(B) a provision that provides that a contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the E-Verify program if the E-Verify program no longer exists; and
(2) the contractor signs an affidavit affirming that the contractor does not knowingly employ an unauthorized alien.
(b) A state agency or political subdivision may not award a grant of more than one thousand dollars ($1,000) to a business entity unless the business entity:
(1) signs a sworn affidavit that affirms that the business entity has enrolled and is participating in the E-Verify program.
(2) provides documentation to the state agency or political subdivision that the business entity has enrolled and is participating in the E-Verify program; and
(3) signs an affidavit affirming that the business entity does not knowingly employ an unauthorized alien
I. IC 22-5-1.7-15 Certification by subcontractor. If a contractor uses a subcontractor to provide services for work the contractor is performing under a public contract for services, the subcontractor shall certify to the contractor in a manner consistent with federal law that the subcontractor, at the time of certification:
(1) does not knowingly employ or contract with an unauthorized alien; and
(2) has enrolled and is participating in the E-Verify program.
J. Affidavit by Contractor. By execution of this contract I swear under the penalties of perjury that my company does not knowingly employ an unauthorized alien.
17. OSHA LANGUAGE.
As an independent contractor, the vendor accepts all responsibility for all injuries and accidents that meet the definition of “reportable” as defined by OSHA. Further, the vendor shall report to IOSHA, via a first report, and list on the contractor’s annual OSHA 300 Report, all accidents that occur while performing services for or to Lake County.
COMPANY STREET ADDRESS
CITY, STATE, ZIPCODE
IN WITNESS WHEREOF, the parties hereto have caused this Contract consisting of six (6) pages to be executed by their duly authorized officers on the day and date indicated on page 1.
ALL OF WHICH IS APPROVED THIS_________DAY OF __________________, 20_______
BOARD OF COMMISSIONERS OF THE COUNTY OF LAKE
______________________________________________ VENDOR SIGNATURE:______________________________________________
LAKE COUNTY AUDITOR: ______________________________________________