Laundry Equipment and Maintenance Contract.pdf

This agreement, mad this ___day of _______________,20__, by and between Suffolk Regional Off-Track Betting, having its principal office and place of business at 425 Oser Avenue, Suite #2 Hauppauge, NY 11788 (“SROTB”) and _______________________ with its offices located at_________________________________(“Contractor”).

Witnesseth, that SROTB and Contractor, for the consideration named, agree as follows:

ARTICLE 1. Scope of Services Contractor shall provide those services set forth in the Scope of Work in the HOTEL LINENS Bid Package (Procurement # VLT-HOS-HL0924). Said Bid Package is made a part of this agreement as if fully set forth herein.

ARTICLE 2. Acceptance and Payment Contractor shall provide monthly invoices to SROTB detailing the cost of the goods and services provided. The cost of the goods and services must be in accordance with the rates provided in Contractor’s bid submission for (Procurement # VLT-HOS-HL0924).

Payment shall be due within 30 days of SROTB’s receipt of the invoice.

ARTICLE 3. Permits and Licenses The Contractor shall procure, pay for, and maintain all permits and licenses necessary for the services to be rendered hereunder. Contractor is responsible for compliance with all applicable federal, state, and local laws.

ARTICLE 4. Materials All materials being provided hereunder shall be new unless otherwise specified.

ARTICLE 5. Term The term of the agreement shall commence immediately upon execution and shall continue in full force and effect for three months. The Contract may be renewed for an additional three months, three (3) times upon mutual consent.

ARTICLE 6. Guarantee of Work All work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship.

If, within the guarantee period, repairs or changes are required in connection with the guaranteed work, which, in the opinion of SROTB, are rendered necessary as the result of the use of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of this agreement, Contractor shall promptly, upon receipt of notice from, and without cost or expense to SROTB:

a. Place in satisfactory condition in every particular, all such guaranteed work, correct all defects therein; and

b. Make good all damage to the item which, in the opinion of SROTB, is the result of the use by Contractor of materials, equipment or workmanship which are inferior, defective or not in accordance with the terms of the agreement; and

c. Make good any work, equipment, or product disturbed or damaged in fulfilling any such guarantee.

If Contractor, after notice, fails to proceed promptly to comply with the terms of the guarantee, SROTB may have the defects corrected and Contractor shall be liable for all costs and expenses incurred by SROTB.

ARTICLE 7. Assignment

In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited form assigning, transferring, conveying, subletting or otherwise disposing of this agreement, or of its right, title or interest in the agreement, or its power to execute this agreement, to any other person or corporation without the previous consent in writing of SROTB. This agreement shall bind the successor, assigns and representatives of the parties hereto.

ARTICLE 8. Required Provisions of Law

Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with:

a. Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity.

b. Affirmative action as required by the Labor Law.

c. Prevention of dust hazard required by Labor Law section 222-a.

d. Preference in employment of persons required by Labor Law section 222.

e. Eight-hour workday as required by Labor Law section 220(2).

f. Article 8 and Article 9 of the Labor Law, particularly as they pertain to

“prevailing wages”.

ARTICLE 9. Insurance and Indemnification

Contractor further agrees to save, defend, and hold harmless the SROTB and its respective officers, agents, employees, and consultants from and against all claims (“claims”), including, but not limited to, the cost of litigation, reasonable attorney's fees, costs of investigation, fees, and expert witnesses, arising from the performance of this contract or otherwise in connection with the work included in this contract, including claims for alleged bodily injury, sickness, disease or death, or injury to property or property damage, including the loss of use resulting therefrom, by or on account of any negligent act or omission including any claim based upon an alleged violation of law, ordinance, regulation, order or decree on the part of Contractor, its agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable regardless whether or not it is caused in part by a party indemnified hereunder. Contractor shall, at the SROTB’s request, assume and defend such claims at the sole expense of the Contractor, by counsel approved by the SROTB, which such approval shall not be unreasonably withheld.

ARTICLE 10. Default and Remedies.

If Contractor fails to perform the services as required by this Agreement or otherwise defaults under this Agreement, SROTB, may, in its sole discretion and in addition to any other rights at law or in equity, (1) send notice of the default to Contractor and demand strict performance of the terms of this Agreement; (2) terminate this Agreement by notice to Contractor; or (3) cure the default, without notice to Contractor, and deduct the cost to cure and any direct and consequential damages from any payment due to Contractor at the time of default or coming due thereafter; provided, if no further payments are due to Contractor, then Contractor shall, immediately on presentation of the invoice, reimburse SROTB for the cost of curing Contractor’s default and such direct or consequential damages.

ARTICLE 11. Venue and Choice of Law

The venue of any action at law or in equity arising out of this contract, shall be in Suffolk County, or in the Federal District Court having geographic jurisdiction over the area where the SROTB is located. Any such action will be governed by the laws of the State of New York.

ARTICLE 12. Authority for Execution on Behalf of SROTB

The officer and/or employee whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an agreement on behalf of SROTB. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of SROTB.

ARTICLE 13. Notices

Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto:

SROTB: Robert Einemann, Director of Purchasing

Suffolk Regional OTB, 425 Oser Avenue, Suite 2, Hauppauge, NY 11788 (einemannr@suffolkotb.com)

Contractor Insert address to be used to communicate with Contractor

ARTICLE 14. Waiver

No waiver of any breach of any condition of the agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include same.

ARTICLE 15. Modification

This agreement constitutes the complete understanding of the parties. No modifications of any provisions thereof shall be valid unless in writing and signed by both parties.

Suffolk Regional Off-Track Betting

Name:

Title

Contractor

Name:

Title

STATE OF NEW YORK )

)SS:

COUNTY OF SUFFOLK )

On this day of , 202_, before me personally came __________________________________, to me known, who being by me sworn, did depose and say that that he/she is the , of ________________________ the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the authority of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like authority.

NOTARY PUBLIC

(SEAL)

STATE OF NEW YORK )

)SS:

COUNTY OF SUFFOLK )

On this day of , 202_, before me personally came __________________________________, to me known, who being by me sworn, did depose and say that that he/she is the , of ________________________ the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the authority of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like authority.

NOTARY PUBLIC

(SEAL)