HomeMy Public PortalAboutAddendum No. 1 to Contract No. 4-2018 - Sanitation - Smith Implements - 2 John Deer UTVsORIGINAL
ADDENDUM NO. 1
to CONTRACT NO. 4-2018
THIS ADDENDUM, Addendum No. 1 to Contract No. 4-2018, is made and entered
into this ) day of March, 2018, by and between Richmond, Indiana, a municipal
corporation acting through its Board of Sanitary Commissioners of the Richmond Sanitary
District, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (hereinafter referred to
as "City"), and Koenig Equipment, Inc., P.O. Box 549, Botkins, Ohio 45306 (hereinafter referred
to as the "Contractor").
WHEREAS, On October 16, 2017, City sought bids for two (2) 2017 Diesel UTVs for the use and
benefit of City; and
WHEREAS, On October 24, 2017, Smith Implements, Inc. (hereinafter referred to as "Smith"),
submitted a bid of Thirty -Five Thousand Nine Dollars and Forty -Two Cents
($35,009.42) to City for the sale to City of two (2) 2017 Diesel UTVs; and
WHEREAS At its Board meeting on November 8, 2017, the Board of Sanitary Commissioners of
the Richmond Sanitary District (hereinafter referred to as the "District") found that
the bid of $35,009.42 submitted by Smith was the lowest responsible and responsive
bidder for two (2) 2017 Diesel UTVs of bids submitted to City and City awarded
Smith the bid for the two (2) 2017 Diesel UTVs; and
WHEREAS, On October 31, 2017, Contractor bought out Smith and assumed all of Smith's assets
and liabilities, including Smith's bid and contract for the two (2) 2017 Diesel UTVs
to City, and Smith ceased doing business and closed its operation; and
WHEREAS, When Contract No. 4-2018 between the City and Smith was executed by all
signatories on January 12, 2018, the person signing on behalf of Smith was Andy
Coomes, a former employee of Smith but who is now employed with Koenig
Equipment, Inc. By January 5, 2018, the date that Andy Coomes signed Contract No.
4-2018, Smith had ceased doing business and Contractor Koenig Equipment, Inc, had
bought out Smith and assumed all of Smith's assets and liabilities, including the bid
City awarded to Smith; and
WHEREAS, Contractor Koenig Equipment, Inc., having assumed the assets and liabilities of
Smith, including the bid and contract Smith was awarded by the City, will honor and
carry out the original terms of Contract 4-2018, that being the sale to City of two (2)
2017 Diesel UTVs for a price not to exceed $35,009.42, and City is willing for
Contractor Koenig Equipment, Inc., to do so; and
Addendum No. 1 to Contract No. 4-2018
WHEREAS, City and Contractor Koenig Equipment, Inc., agree that Contract No. 4-2018 should
be amended to reflect that Smith Implements, Inc., had its assets and liabilities
assumed by Contractor Koenig Equipment, Inc., including all bids and contract
awarded to Smith, and that Contractor Koenig Equipment, Inc. shall have authority to
sign as Contractor for Contract No. 4-2018 and honor and carry out the original terms
of selling to City two (2) 2017 Diesel UTVs for a price not to exceed $35,009.42.
NOW, THEREFORE, for valuable consideration, including the recitals stated above and which are
incorporated into this Addendum No. 1 to Contract No. 4-2018, and passage by majority vote of
City, City and Contractor Koenig Equipment, Inc., now agree to amend Contract No. 4-2018, by
Amendment No. 1 to Contract No. 4-2018, as follows:
l . The City and Smith Implements, Inc. executed and entered into Contract No. 4-2018,
on January 12, 2018. Pursuant to Contract No. 4-2018, Section V (Miscellaneous),
Contract No. 4-2018 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 and signed
by both parties.
2. The City and Koenig Equipment, Inc., now agree that Contract No. 4-2018 should be
amended so that Koenig Equipment, Inc., having assumed the assets and liabilities of
Smith Implements, Inc., after the bid for the sale to City of two (2) 2017 Diesel UTVs
was awarded to Smith Implements, Inc., but before the signing of Contract No. 4-
2018, is now substituted as the Contractor for Contract No. 4-2018 and has the
authority and capacity to replace Smith Implements, Inc. on Contract No. 4-2018 and
has the authority and capacity to sign Addendum No. 1 to Contract No. 4-2018.
The City and Contractor now agree that Contract No. 4-2018, shall be amended so
that Contractor shall sell to City the two (2) 2017 Diesel UTVs at the price of
$35,009.42. In all other respects, Contractor Koenig Equipment, Inc. shall honor and
abide by all other terms of Contract No. 4-2018.
Both City and Contractor acknowledge and agree that, other than what is set forth in
paragraph 1 and 2 above, the remainder of the terms, conditions and covenants in
Contract No. 4-2018, shall remain intact and unchanged and shall continue to be in
full force and effect.
4. Both City and Contractor agree that any person executing this Addendum No. 1 to
Contract No. 4-2018 in a representative capacity warrants that he or she has been
duly authorized in writing by his or her principal to execute this Addendum and such
authorization has not been rescinded or revoked.
IN WITNESS WHEREOF, this Addendum No. 1 to Contract No. 4-2018 is executed and approved by the
undersigned representatives of the City and Contractor this day of March, 2018, although
signatures may be affixed on different dates.
"CITY"
The City of Richmond, Indiana, by and through
its Board of Sanitary Commissioners
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"CONTRACTOR"
KOENING EQUIPMENT, INC.
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