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Home My WebLink AboutPiranha Paper Shredding ORIGINAL CONTRACTOR AGREEMENT- ON-SITE ONE-TIME PAISRSIMOMMIIMMIC4 FOR CITY OF OSHKOSH THIS AGREEMENT, made on the 19TH DAY OF JUNE, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MAMMA 990 JAMESON STREET, OSHKOSH WI 54956, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (CHAD TADYCH, ACCOUNT MANAGER, PIRANHA PAPER SHREDDING LLC) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (HOLLY A MAGRADY, SENIOR BUYER) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated APRIL 30, 2013, referred to as the "Invitation for Quotation for ON-SITE, ONE TIME PAPER SHREDDING SERVICE FOR THE CITY OF OSHKOSH and the Contractor's quotation proposal form dated JUNE 11, 2013. The Contractor's bid form is attached 1 hereto as Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be completed 5 DAYS AFTER RECEIPT OF ORDER/SCHEDULE DATE unless the parties in writing agree to extend this date. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 791 .28, (Seven Hundred Ninety-one dollars and 28 cents), adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. 2 ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Specifications dated JUNE 3, 2013, referred to as the"Invitation for Quotation for ON-SITE, ONETIME PAPER SHREDDING SERVICE, FOR THE CITY OF OSHKOSH dated JUNE 3, 2013 which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. 3 This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR /CONSULTANT By: --1214/ei, (Seal of Contractor (Specify Title) if a Corporation.) By: cx --77,24# Aeda/ )401ef (Specify Title) CITY OF OSHKOSH By: /tw-74 f& 6-4' Mark A. Rohloff, City Manager ' (Witness) ___, a` And: 4�.•0 j _/0, (Witness) Pamela R. Ubrig, City Clerk ( ' APPROVED: I hereby certify that the necessary V provisions have been made to pay the liability which will accrue ti LA LAMAR I 1� under this contract. ity Attorney Pc 4 5 q_ City Comptr ller 4 E)40 ir PURCHASING DIVISION JUN 1 1 LO 13 ON-SITE ONE-TIME PAPER SHREDDING SERVICE(PURGE) COPY FOR THE CITY OF OSHKOSH OSHKO vviSCONSif'.. QUOTATION PROPOSAL QUOTATIONS DUE 10:00 AM, TUESDAY JUNE 11,2013 We,the undersigned,propose to furnish on-site, one time,paper shredding(purge) for the City of Oshkosh: Approximately 628 boxes one-time paper shredding on-site 628 boxes X $ /. .2 6 = $ 797- ' Per box Quotation Work to commence S days after receipt of order Terms ,Uef 30 Quotes submitted without a current copy of NAID certification will be considered non- responsive. f;rGtn ' ea lei Sh✓eeddi�.rf. NAME OF COMPANY Pevti e( 6-4AbawsW c- 5ct(e s filetvlay ear SUBMITTED BY: CGraJ ` Jyyd - q.ecouv--F /fia,za9eir NAME&TITLE OF PERSON SUBMITTING QUOTE rop I( 2013 9x0 aelB-SU,n 574 DATE ADDRESS OF COMPANY CITY STATE ZIP 9-3° S��-- O�-Pi e (92o ) 5-4(3 r 0.20 e'er/ TELEPHONE NUMBER &ea+ fi/ailiay fief-eoty? EMAIL ADDRESS 9