HomeMy WebLinkAboutLot Clearing Services for JPD (2023)Contract for Services
This is a contract entered into this �day of �, /7 , 20�, by Al Porta Potty, LLC
(A/K/A Al Porta Potty and Site Services, LLC (the" Provider") located at 200 Galvan Way,
New Albany, IN 47150 and Jeffersonville Police Department, (the "Client"), whose address is
2218 E 10th Street, Jeffersonville, IN 47130.
The purpose of this contract is for snow plowing and salting services (Scope of Work) for the
following location:
2218 E 10th Street
Scope and Manner of Services. Provider will salt areas designated by Client (i.e. drive
lanes, fire lanes, parking areas and sidewalks) upon start of snow and/ or ice accumulation. Exhibit
B will disclose designated areas. Rock salt shall be used in designated drive lines, fire lanes and
parking lots; Calcium Chloride or its equivalent will be used on concrete sidewalks. Provider will
plow designated drive lines, fire lanes, and parking lots and plow or shovel designated sidewalks
once snow or ice has accumulated. Client acknowledges that snow accumulation may occur in
some regional areas and not accumulate in other regional others due to various weather -related
factors. Client agrees to compensate Provider if Provider deems Client's location has accumulating
snow and/ or ice and requires servicing. Snow removal shall be pursuant to the Snow Removal
Guidelines attached as Exhibit A.
Term. The base term of the contract shall be for a period of two (2) years from the date of contract
execution. Either party may terminate this agreement upon thirty (30) days written notice to the
other party. Provider shall be paid for its services to the effective date of termination.
Payment for Services Rendered. An invoice for services performed will be provided after
each event. Client shall pay Provider for all amounts due under the terms disclosed on the invoice.
In the event that any payment is not made when due, Provider has the option to terminate or
suspend services upon notice to the Client. Provider may impose and Client expressly agrees to
pay finance charges of one and one-half percent (1.50%) per month on all invoices 30 days past
due.
Performance. Provider (Al Porta Potty and Site Service, LLC) shall furnish all necessary
management, supervision, equipment, tools, and labor, to provide below services for Client.
Provider shall perform all services diligently and in a good, professional manner, using good
quality materials, equipment and workmanship to complete the services in a safe and timely
manner.
Insurance. Provider's will maintain at least $1,000,000 of workers' compensation coverage.
The Provider shall provide bodily injury liability insurance coverage written on the comprehensive
form of policy of at least $500,000 per occurrence. Provider will also maintain property damage
liability insurance in the amount of $100,000.00 and automobile liability insurance written on the
comprehensive form of policy. The policy shall provide for bodily injury and property damage
liability covering the operation of all automobiles used in connection with performance of the
contract. Policies covering automobiles shall provide coverage of at least $200,000 per person and
$500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
Indemnification. Client acknowledges that snow plowing and salt applications are services
that can be harsh on parking lot and driving surfaces. Provider shall not be liable for any damage
to pavement, curbing, driving surfaces or other areas as a result of snow plowing and/ or salting
applications.
Access. Client agrees that vehicles, equipment, or other items left on Client premises could
prevent total access or prevent premises from being optimally plowed and salted. Client
acknowledges that no credit will be provided if premises are partially salted or plowed due to
vehicles, equipment, or other items that are left on premises. Client also acknowledges that should
Provider attempt to perform services to property and is unable to access premises, Client will be
charged at an hourly rate of one hundred twenty-five dollars ($155) per hour for time incurred.
Excused Performance. Except for the obligation to pay any amount when due hereunder,
neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond
its reasonable control, including, but not limited to, strikes, riots, fires, and Acts of God.
Notice. All notices given pursuant to this Agreement shall be given in writing and sent by
Certified Mail. Notice shall be deemed effective on mailing. Notices to Client shall be sent to the
"Billing Information" address specified herein, or to such other address as Client may designate.
Notices to Provider shall be given to: Al PORTA POTTY LLC, 200 Galvan Way, New Albany,
IN 47150 or to such other address as Provider may designate in the manner specified in this
paragraph.
Heading. Headings used herein are for convenience only.
Cost of Collection. In the event Client fails to pay Provider all amounts which come due under
this Agreement, or fails to perform its obligation hereunder, and Provider refers such matter to an
attorney, Client agrees to pay, in addition to the amount due, any and all costs incurred by Provider
as a result of such action, including a reasonable attorney's fee.
Governing Law. Client submits to the jurisdiction and venue of the Court where Al PORTA
POTTY LLC brings suit to enforce this contract.
Binding Effect. This Agreement is a legally binding contract on the Client and Provider, its
successors and assignees, if consented by Provider, in accordance with the terms and conditions
herein set out. All provisions of this Agreement shall be binding upon and inure to the benefit of
both Parties, their respective heirs, successors and assigns, and any principals for whom Client is
an agent. Should any part, term or provision of this Agreement be held invalid such invalidity shall
not invalidate the whole Agreement and the remaining portions and provisions shall not be affected
thereby.
In witness of ir agree m nt to the terms above, the parties or their authorized agents hereby affix
their siana es:
Date10fi
((^ ,Z Date:
Mayike Moore Brett W. Huett
Cityffersonville Director of Operations/ CFO
Al Porta Potty and Site Services, LLC
Indemnification. Client acknowledges that snow plowing and salt applications are services
that can be harsh on parking lot and driving surfaces. Provider shall not be liable for any damage
to pavement, curbing, driving surfaces or other areas as a result of snow plowing and/ or salting
applications.
Access. Client agrees that vehicles, equipment, or other items left on Client premises could
prevent total access or prevent premises from being optimally plowed and salted. Client
acknowledges that no credit will be provided if premises are partially salted or plowed due to
vehicles, equipment, or other items that are left on premises. Client also acknowledges that should
Provider attempt to perform services to property and is unable to access premises, Client will be
charged at an hourly rate of one hundred twenty-five dollars ($155) per hour for time incurred.
Excused Performance. Except for the obligation to pay any amount when due hereunder,
neither party hereto shall be liable for its failure to perform hereunder due to contingencies beyond
its reasonable control, including, but not limited to, strikes, riots, fires, and Acts of God.
Notice. All notices given pursuant to this Agreement shall be given in writing and sent by
Certified Mail. Notice shall be deemed effective on mailing. Notices to Client shall be sent to the
"Billing Information" address specified herein, or to such other address as Client may designate.
Notices to Provider shall be given to: A I PORTA POTTY LLC, 200 Galvan Way, New Albany,
IN 47150 or to such other address as Provider may designate in the manner specified in this
paragraph.
Heading. Headings used herein are for convenience only.
Cost of Collection. In the event Client fails to pay Provider all amounts which come due under
this Agreement, or fails to perform its obligation hereunder, and Provider refers such matter to an
attorney, Client agrees to pay, in addition to the amount due, any and all costs incurred by Provider
as a result of such action, including a reasonable attorney's fee.
Governing Law. Client submits to the jurisdiction and venue of the Court where A I PORTA
POTTY LLC brings suit to enforce this contract.
BlndIng Effect. This Agreement is a legally binding contract on the Client and Provider, its
successors and assignees, if consented by Provider, in accordance with the terms and conditions
herein set out. All provisions of this Agreement shall be binding upon and inure to the benefit of
both Parties, their respective heirs, successors and assigns, and any principals for whom Client is
an agent. Should any part, term or provision of this Agreement be held invalid such invalidity shall
not invalidate the whole Agreement and the remaining portions and provisions shall not be affected
thereby.
In witness o7f it agreem nt to the terms above, the parties or their authorized agents hereby affix
their si at,
t es:
Date: ( Date: 9 z3
Mayor 4ike Moore Brett W. Huett
City of J ffersonville Director of Operations/ CFO
Al Porta Potty and Site Services, LLC
EXHIBIT A
SNOW REMOVAL GUIDELINES
1. Provider shall provide its own employees, equipment, and supplies necessary to complete
the Services described hereunder which include clearing drive lanes, fire lanes, parking
areas, sidewalks adjacent to buildings and public sidewalks.
2. Provider will comply with all federal, state and local governmental laws, regulations, codes
and ordinances.
3. Provider will plow the Property when snow or ice accumulation has begun, regardless of
the time of day or night or the day of the week.
4. All work shall be completed in a workmanlike manner consistent with customary industry
practices, for the amounts specified on Exhibit C.
5. Provider shall supply and mechanically spread deicing rock salt at Provider's own
discretion. Provider shall spread calcium chloride on concrete walkways. Calcium chloride
will not harm concrete and landscaping.
6. For accumulating snowfalls of 0"-6" in depth, plowing will be done so that as many parking
spaces will be available as soon as possible. All snow shall be plowed outward and away
from the buildings. Excess snow will be pushed to areas designated and agreed upon by
Provider and Client. Drive lanes will be cleared to permit movement of 2 vehicles.
7. For snowfalls of more than 6" depth, all snow shall be plowed away from the buildings.
Provider may windrow snow to each island or light post. Removal of snow will require
Client approval and additional charges will apply for removal.
8. In the event of re -accumulation of snow and/ or ice on a previously plowed area, Provider
will re -plow and/ or re -salt lot. Client acknowledges that each occurrence of a re -plow and/
or re -salt will be invoiced separately based on the pricing noted in Exhibit C.
9. Provider acknowledges that all fire hydrants and storm drains must be kept free from snow
and easily accessible in case of emergencies.
10. When snow begins to fall with heavy and rapid accumulations shortly before or during
business hours, Provider will begin plowing the snow from the parking lot using the fastest
method possible. In some cases, this means windrowing snow at islands or even light posts.
Stacking snow onto island may also be necessary, depending upon snowfall accumulation
and time limitations.
11. Provider shall not create drifts in front of dumpster enclosures, fire lanes, or entrances, on
sidewalks or blocking walkways nor plow snow into designated handicapped spaces.
12. Provider will not be responsible for damage to, curbs, parking blocks, islands, sidewalks,
light poles, signs, or landscaping caused by snow removal operations where those
structures have not been properly marked by the Client.
EXHIBIT B
[Replace the page with a plan of the Property and designated areas of plowing and/
or salting]
EXHIBIT C
Pricing:
Plowing of Lot (Per Hour) $120
Price Per Salt Application — Parking Lot $410
Sidewalk Shovel and salt (Per Occurrence) $145