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Home My WebLink AboutProshred Security On-site One-time Paper Shredding Service1 3 0�0 9 CONTRACTOR AGREEMENT- ON-SITE ONE- TIME PAPER SHREDDING SERV/CE FOR CITY OF OSHKOSH THIS AGREEMENT, made on the 24TH DAY OF MAY, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PROSHRED SECURITY, 1425 COMMERCE AVE SUITE C, BROOKFIELD WI 53045, 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: (JOHN SALAMONE, BRANCH MANAGER, PROSHRED SECURITY) 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 MAY 3, 2016, 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 MAY 11, 2016. The Contractor's bid form is attached hereto as 01 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 BUSINESS 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 1600.00, (One thousand Six hundred dollars and 00/100), 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 MAY 3, 2016, referred to as the "Invitation for Quotation for ON-SITE, ONETIME PAPER SHREDDING SERVICE, FOR THE CITY OF OSHKOSH dated MAY 3, 2016 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. (SEE EXHIBIT B) 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: (Seal of Contractor if a Corporation.) 0 CONTRACTOR /CONSULTANT By: l (Specify Title) 0 (Specify Title) CITY OF OSHKOSH By: Al--l� Mak A. Rohloff, City Manager And: Pamela R. Ubrig, City Clierk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. r .1�J.; ►a ► 4).q City Comptroller 2 EXHIBIT A b I �,A PURCHASING DIVISION MAY 11 2016 ON-SITE ONE-TIME PAPER SHREDDING SERVICE (PURGE) dSHKQSH' WISCONSIN FOR T11E CITY OF OSHKOSH QUOTATION PROPOSAL QUOTATIONS DUE 10:00 AM, CST FRIDAY MAY 13, 2016 We, the undersigned, propose to furnish on-site, one time, paper shredding.(purge) for the City Of Oshkosh: Approximately 320 boxes one-time paper shredding on-site 320 approximate boxes X $ r• o e Per box Work to commence I days after receipt of order Terms J r 0,0S Quotation Quotes submitted without a current copy of NAID certification will be considered non- responsive. Ncs # at D S NAME OF COMPANY SUBMITTED BY: .�0%& SAGA-ma*C a IZ4Ncw- NAME &TITLE OF PERSON SUBMITTING QUOTE _EZ11 2016 MS-_ Co•►1v,rgee 4VC SvfTt` G DA ADDRESS OF COMPANY h kanr FICC- v3 S -3 o f r CITY STATE ZIP 1( t2) 364-0%Ll TELEPHONE NUMBER �#An.SvIQewcnt 6DYo81�/-taC. cm EMAIL ADDRESS PSRED-1 OP ID: RF ,�coRO- CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: RFVIRI0N NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FDATE 05/23/2016 Y) 05/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dawson Insurance 1340 Depot Street Cleveland, OH 44116-1799 CONTACT NAME: AHONN Ext :440-333-9000 A/c No): 440-356-2126 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # CBP8846983 INSURERA:Netherlands Insurance Company 05/01/2017 INSURED Redishred Acquisition, Inc. dba Proshred Security Wisconsin INSURER B: Peerless Insurance Company 24198 INSURERC: INSURER D 1425 Commerce Ave, Unit C INSURER E: Brookfield, W153045 INSURER F: B COVERAGES CERTIFICATE NUMBER: RFVIRI0N NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSTR TYPE OF INSURANCE INSD ADDL SUB POLICY NUMBER EFF MMIDDY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR CBP8846983 05/01/2016 05/01/2017 EACH OCCURRENCE $ 1,000,00 PREMISES Ea occu U nce $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 L AGGREGATE LIMIT APPLIES PER: M''POLICY ❑ JEC- 7] LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS-COMP/OPAGG $ 2,000,00 $ B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BA8847683 05/01/2016 05/01/2017 EOM�BIINdEeD1SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY Per accident $ ( ) PROPERTY DAMAGE $ Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CU8840684 05/01/2016 05/01/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,00 DED I X I RETENTION$ NIL $ B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC8948083 05/01/2016 05/01/2017 OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE- POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) ver I IF wM r " nvI.v LM %,ANN r_LLA l IUN OSHKO-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkos, WI 54904 CO 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD