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Home My Public Portal About083-2016 - Wetzel Ford - 2 Ford Pick up trucks with snow plowsPURCHASE AGREEI ENT THIS PURCHASE AGREEMENT made and entered into this �� L day of s / , 2016, by and between the City of Richmond, Indiana, a municipal corporation acting by and rough its Board of Public Works and Safety (hereinafter referred to as the "City") and Wetzel Ford, 4500 National Road East, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish two (2) 2017 Ford F350 4x4 pickup trucks with snow plow packages (hereinafter "Vehicles") for the City of Richmond Street Department. A request for quotes, dated June 21, 2016, has been made available for inspection by Contractor, is on file with the Purchasing Department and the Street Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as "Exhibit A", which Exhibit is dated July 1, 2016, consists of consists of four (4) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terns and conditions contained in "Exhibit A." Delivery of any Vehicles that do not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described Vehicles. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warranty. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. Contract No. 83-2016 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicles, provided that Contractor's total compensation shall not exceed Ninety-seven Thousand Two Hundred Eighty Dollars zn and Zero Cents ($97,280.00) for purchase of the Vehicles pursuant to this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance of the Vehicles. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub- contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coveraje Limits A. Worker's Compensation & Statutory Disability Requirements Page 2 of 5 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3- 5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION VIII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: Page 3 of 5 I . That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether- or not suit is filed. Page 4 of 5 In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety Vicki Robinson, President Richard Foore, Member Anthony L/ Foster, II,'Member Date: APPROVE Date: "CONTRACTOR" WETZEL FORD 4500 National Road East Richmond, IN 47374 By: , Printed: " "`d kl'% f--9-F -3 FJ'C-,-L- Title: SAL Date: 9 0 ', � 1 �p Page 5 of 5 06/21/2016 14:24 FAX 7765y�983721+2 CITY OF RICH FINANC! 19001/UU7 ° 50'� NTar'th F i ft-h Street In RiehmGnd, Indiana 47374. PRICE REQUUEST (765) 983-7200 HIS LS NOT ALN ORDER Wetzel Ford ATTN:.Brad Robinson FAX— 962-4854 INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part, or decline the entire proposal Please complete your full name, address, and phone number below with signature; itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE REPLY MUST 13E IN DELIVERY REQUIRED PAYMENT TERMS Junc 21, 2016 Ju 1 2 116 b 12:00 noon DEUVERED I UPON RECEIPT OF MV010E QUANTITY DESCRIPTION UNIT PRICE I TOTAL Two Pick-up Trucks with Snow Plow Equipment -Street Department (see attached) �w Esc- Bids may be mailed, faxed or brought to the attention of Vicki Robinson at (765) S X _ '( ),5 C; 973-1517, City of Richmond, 50 North 5th tc Street, Richmond, IN. 47374. ec cc) Pj- RM I C E 1\lJ Q dJ ,OA11.( rTAe � & � //' " /0 / qi BY WCKI ROBINSON PURCHASING DIRECTOR State Tax Exemption No. 003121909-01 JUL � z: o��-A . NAME OF FIRM QU,01 BY 3rra4 Rio 6,Ri-,o.0 �UTHOR= BY— DATE / TITLE % ��b L ^ , Phone No. WebConnect Page 1 of 1 CNGP530 ==> BLANK VEHICLE ORDER CONFIRMATION 07/01/16 11.37.39 2017 F-SERIES SD Order No: 1111 Priority: H5 Ord FIN: QK589 Ord PEP: 610A Cust/Flt Name: CITY OF RICHM RETAIL Dealer: F47546 Page: 1 of 2 Order Type: 5B Price Level: 725 PO Number: X3B F350 4X4 SIC $39045 17X FX4 OFF -ROAD PK 164" WHEELBASE Z1 OXFORD WHITE A VNYL 40/20/40 S MEDIUM EARTH GR 610A PREF EQUIP PKG .XL TRIM .TRAILER TOW PKG 572 AIR CONDITIONER NC .AM/FM STER/CLK 99T 6.7L V8 DIESEL 8595 44W 6-SPEED AUTO NC TBM LT245 BSW AT 17 165 X3J 3.55 ELOCKING 390 WebConnect .SKID PLATES 11300# GVWR PKG 425 50 STATE EMISS 473 SNOW PLOW PKG 512 SPARE TIRE/WHL2 59H HI MNT STOP IMP 592 ROOF CLEAR LGTS RETAIL $295 NC 85 NC NC 80 TOTAL BASE AND OPTIONS 50650 TOTAL 50650 *THIS IS NOT AN INVOICE* * MORE ORDER INFO NEXT PAGE ----------- ----- � coo _a,_^� Page 1 of 1 CNGP530 VEHICLE ORDER CONFIRMATION 07/01/16 11:41:16 Dealer: F47546 2017 F-SERIES SD Page: 2 of 2 Order No: 1111 Priority: H5 Ord FIN: QK589 Order Type: 5B Price Level: 725 Ord PEP: 610A Cu9t/Flt Name: CITY OF RICHM PO Number: RETAIL RETAIL JACK 66S UPFITTER SWTCH 165 67D XTR HVY DTY ALT NC 76C REVERSE ALARM 140 85S TOUGH BED 495 SP FLT ACCT CR FUEL CHARGE DEST AND DELIV 1195 TOTAL BASE AND OPTIONS 50650 TOTAL 50650 *THIS IS NOT AN INVOICE* F7=Prev F1=Help F2=Return to Order F3/F12=Veh Ord Menu F4=Submit F5=Add to Library 5- PRESS F9 TO SUBMIT f 066291 fmcdecdealr@Brad-PC � `lr Jul 1, 2016 11:41:21 AM Es Ufl ,�e li RS,�rs Gd Gam/tr erpile c-le EXHIBIT PACE _2OF NE'-� _:PL-SLE,OHIO Phon- (-37)845-3804 Fai:: '93") 6S7-9068 _DAY'-'_-1,0,10 45439 Phcr.(537) 298-9991 Far: 937 298-5S80 QU, --E 70 : 1111 WETZEL FORD 4500 NATIONAL RD. E. RICHMOND IN 47374 CITY OF RICHMOND COI-T ACT: ****** QUOTE ****** KTEC KAFFENBARGER TRUCK EQUIPMENT COMPANY www.kaffenbarger.com QUOTE# 0701160802 _CINCINNATI, OHIO 45241 Phcne: (S13) 772-6800 Fax: (S13) 772-7609 _COLUMBUS, OHIO 43207 Phone: (614) 443-3600 Fax: (614) 44 3 -3 612 QUOTE DATE: 07/01/16 QUOTE#: 0701160802 SALES REP: 27 PARL = DESCRIPTION QTY. PRICE EXTENDED FURNISH AND INSTALL TRUCK INFO:2017 FORD F350 4X4 SUPERCAB (_) WESTERN FLEET FLEX 8.0' PRO PLUS SNOWPLOW ...................$6,075.00 8.0' X 31-1/2" STEEL MOLDBOARD (76980) 1/2" X 6" STEEL CUTTING EDGE 4 TRIP SPRINGS AND 2 SHOCK ABSORBERS SQUARE TUBE QUADRANT PLOW BOX (75700) INCLUDES: PIVOT BAR, UPPER & LOWER LIFT FRAMES NIGHTHAWK HEADLIGHTS ELEC/HYD POWER UNIT UNIVERSAL HANDHELD CONTROL (96900) ULTRAMOUNT ATTACHMENT SYSTEM MOUNTING CARTON (TBD) 3-PORT ISOLATION MODULE ELECTRICAL SYSTEM (29070-1) HEADLAMP ADAPTER (TBD) DRIVING GUIDES RUBBER SNOW DEFLECTOR (62530-1) SET UP TRUCK FOR V-BOX SALT SPREADER................................$4,790.00 BUYERSS HV715EP ELECTRIC/HYDRAULIC SPREADER CONTROLS 7 GPM SPINNER CARTRIDGE *** CONTINUED NEXT PAGE *** MAHIBIT 1� PAGE 3 OF� NE�-•=ARLISLE,OHIO Ph:n-: (937)84S-3804 Fa (937) 8S7-9068 DA":T=9,OHIO 45439 Ph-n_: (937) 298-9991 Fa>:: (937) 298-5580 QUD E TO: 1111 WETZEL FORD 4500 NATIONAL RD. E. RICHMOND IN 47374 CITY OF RICHMOND CO=7_ACT : PAR': ****** QUOTE ****** KTEC KAFFENBARGER TRUCK EQUIPMENT COMPANY www.kaffenbarger.com DESCRIPTION QUOTE# C701160802 CINCINNATI, OHIO 45241 Phone: (S13) 772-6600 Fax: (S13) 772-7609 COLUMBUS, OHIO 43207 Phone: (614) 443-3600 Fax: (614) 443-3612 QUOTE DATE: 07/01/16 QUOTE#: 0701160802 SALES REP: 27 QTY. PRICE EXTENDED 15 GPM CONVEYOR CARTRIDGE 12V PROGRAMMABLE CONTROLLER DUAL LED DISPLAYS MOMENTARY BLAST BUTTON 2 WIRE HARNESS;POLY ENCLOSURE MOUNTING BRACKET FORCE AMERICA TRANSMISSION MOUNT PTO AND PUMP;12.9 GPM@1200 ENGINE RPM HOSES & QUICK COUPLERS TERMS: COD OR NET 30 W/PRIOR APPROVAL FOB: KAFFENBARGER TRUCK EQUIPMENT SALESPERSON'S SIGNATURE SUBTOTAL SALES TAX TOTAL 10,865.00 0.00 10,865.00 NOT RESPONSIBLE FOR LOSS OR DAMAGE I hereby authorize the above work to be done along with the necessary material and hereby TO VEHICLES OR ARTICLES LEFT IN grant you and/or your employees permission to operate the vehicle herein described on streets, VEHICLES IN CASE OF FIRE, THEFT OR highways or elsewhere for the purpose of testing and/or inspection. An artisan-s ANY OTHER CAUSE BEYOND OUR CONTROL. lien is hereby acknowledged on above vehicles to secure the amount of work thereto. QUOTATION VALID FOR 30 DAYS FROM DATE QUOTED -- Customer's Signature EEX H :1B IT DAIGE