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County Form 61 - ANNUAL MAINTENANCE CONTRACT
This ANNUAL MAINTENANCE CONTRACT is made and entered into by and between ____________________________, hereinafter referred to as the “Maintenance Provider” and the Lake County Board of Commissioners, hereinafter referred to as the “Board”.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Board and the Maintenance Provider do hereby mutually agree as follows:
1. SCOPE OF SERVICE
A. The Maintenance Provider shall do, perform, and carry out in a good and professional manner the maintenance services for the County, specifically outlined in the standard contract of the Maintenance Provider that is attached hereto and incorporated herein as Appendix A to this contract.
B. Type in the list of services or attach at list as Appendix B
2. TOTAL CONTRACT PRICE
A. For the delivery of the services rendered by the Maintenance Provider, the Board shall pay to the Maintenance Provider the sum of ________________________________________DOLLARS AND ___/100THS ($____________).
B. The source of funds for payment under this Contract is _____________________________________.
3. CONTACT PERSONS
4. CHANGES The County may, from time to time, require changes in the scope of the services of the Maintenance Provider to be performed hereunder. Such charges, which are mutually agreed upon by and between the County and the Maintenance Provider, shall be incorporated in a written amendment to this agreement.
5. TERMINATION. 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 thirty (30) days before the effective date of such terminat
6. ACCOMPLISHMENT OF MAINTENANCE . The Maintenance 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.
7. 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.
8. 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.
9. 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.
10. COUNTY NOT OBLIGAED TO THIRD PARTIES The County shall not be obligated or liable hereunder to any party other than the Maintenance Provider.
12. Maintenance 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 Maintenance 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 Maintenance Provider or under his supervision, and all personnel engaged in the work shall be fully qualified to perform such services.
14. EQUAL EMPLOYMENT AND OPPORTUNITY . The Maintenance Provider agrees by the execution of this contract that in regard to its operations:
A. 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.
B. 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.
C. 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.
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. Maintenance Provider may not subcontract any part of the work covered herein without the prior written consent of the County.
16. OSHA LANGUAGE
As an independent Maintenance Provider, 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 Maintenance Provider’s annual OSHA 300 Report, all accidents that occur while performing services for or to Lake County.
17. WORKER’S COMPENSATION INSURANCE
The Maintenance Provider shall carry Worker’s Compensation Insurance on its employees and require that there be carried Worker’s Compensation Insurance for all the employees.
18. PUBLIC LIABILITY, PROPERTY DAMAGE, and HOLD HARMLESS CLAUSE
A. The Maintenance Provider shall carry public liability and property damage insurance in amounts as outlined below :
1. Seven hundred thousand dollars ($700,000) for the death or injury to one (1) person in anyone (1) occurrence and five million dollars ($5,000,000) for injury to or death of all persons in the occurrence as required by IC 34-13-3-4
2. Provide public liability and property damage insurance in the amount of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the general aggregate.
B. The Board, Lake Board offices and their elected officials, Lake Board Departments, and Lake Board employees shall be named as an additional insured and be fully protected either by express addition to the contract or by application of the above. The Maintenance Provider agrees to indemnify and hold harmless Lake Board, Lake County Board of Commissioners, Lake Board’s elected offices, Lake Board’s elected officials, Lake Board’s governmental departments, and all Lake Board employees against all actions, claims or demands for damages of any kind whatsoever, known or unknown, which may in any way be caused by the negligent acts of the Maintenance Provider, its employees, its agents or any of its subcontractors, material suppliers and anyone including but not limited to the negligent digging up of streets, alleys or public providing a service to the Maintenance Provider and by improper care of trees and shrubbery, or which may result from the default, carelessness or negligence of the Maintenance Provider, its agents, employees or workers under its control or direction in the performance of the work described herein, and shall refund and reimburse to the Lake County Board of Commissioners all sums which it may be obligated or adjudged to pay on any such claims or demands immediately upon such determination including any attorney fees incurred by the Board’s representative or any of those to be indemnified listed above.
19. PAYMENT FOR SERVICES
A. Billing for the services rendered under this contract shall be in the form and manner prescribed by the State of Indiana and the Board.
B. No payment shall be made to the Maintenance Provider until service is performed and a request for payment filed.
C. By execution of this Contract the Lake County Board of Commissioners or Lake Board is not agreeing to use funds other than the funds in the budget designated for this project. The sources are restricted to those funds which have been appropriated for this purpose by the Lake Board Council as applicable and approved by the Department of Local Government Finance, the State Board of Accounts and/or the Department of Local Government Finance, as applicable. In this regard this Contract may be terminated, in whole or in part, when the Lake Board Auditor makes a written determination that the funds are not appropriated or otherwise available to support continuation of performance. Such determination shall be final and conclusive. Notice shall be given to the Maintenance Provider as soon as the Board is aware of such a situation. However, the Board will make good faith efforts to provide funding for this Contract, and if such funding is available and appropriated, the Board shall fulfill its financial obligation, subject to all this contract’s terms and condition
20. ASSIGNMENT OF THE CONTRACT
The Contract shall not be assigned, except with the prior written consent of the Board. The Board’s consent shall not be construed to relieve the Maintenance Provider of any responsibility for the fulfillment of the Contract.
21. CHOICE OF LAW
This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and suit must be brought in Lake Board, State of Indiana.
IN WITNESS WHEREOF, the parties hereto have caused this Contract consisting of five (5) pages to be executed by their duly authorized officers this __________day of ______________, 20__.
COMPANY REPRESENTATIVE SIGNATURE & TITLE
COMPANY STREET ADDRESS
COMPANY CITY, STATE, ZIPCODE
COMPANY EMAIL & PHONE
BOARD OF COMMISSIONERS OF THE COUNTY OF LAKE
LAKE COUNTY AUDITOR: ______________________________________________