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Home My Public Portal About141-2018 - Sanitation - Ford Advantage - Pick up tuckPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this /Y day of 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Advantage Ford -Lincoln, Inc., 2350 Park Road, Connersville, Indiana 47331 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) new vehicle, delivered to 2380 Liberty Ave., Richmond, Indiana, with said vehicle being a 2019 Ford F250 Super Duty Crew Cab pick- up truck, with Aid vehicle being more specifically described in Exhibit "B" attached hereto and incorporated by reference herein. City sent a Request for Quotes containing certain specifications to Contractor on June 14, 2018, consisting of three (3) pages. A copy of said Request for Quote is attached hereto and incorporated herein by reference as Exhibit "A". The response of Contractor to said Request for Quotes, dated June 25, 2018, is attached hereto and incorporated by reference herein as Exhibit "B", consisting of nine (9) typewritten pages. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION IL STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Thirty -Seven Thousand Two Hundred Eleven Dollars and No Cents ($37,211.00) for a 2019 Ford F-250 4X4 Super Duty Crew Cab Four Wheel Drive truck. This sum is after City is given a trade-in of Eight Hundred Dollars ($800.00) for a 2003 GMC 2500HD Pick-up Truck with Hydraulic Lift Gate, VIN #1GTHK24U93Z203572. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The price includes all shipping, handling and set up charges, with delivery to be to the Richmond Sanitary District, 2380 Liberty Avenue, Richmond, Indiana during normal business hours of Monday through Friday from 6:00 A.M. to 3:00 P.M, excluding Holidays. The estimated delivery time for the above described truck is Ninety (90) to One Hundred Twenty (120) days after receipt of purchase order. Contract No. 141-2018 Page 1 of 3 SECTION IV. PROHIBITION AGAINST DISCRIMINATION 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. SECTION V. 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, 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. If any portion of this agreement is declared unenforceable by a com I or tribunal, all other portions shall remain in full force and effect. Any person executing this Purchase Agreement in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract and that such authorization has not been revoked or rescinded. Page 2 of 3 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 Sanitary Commissioners By: �- -1'�!�ue Miller, President Amara -sht, Vice President Greg teins, Member Dated: APPROVED: avid Snow, Dated: G G "CONTRACTOR" ADVANTAGE FORD-LINCOLN, INC. B Printed: CNu( Title: Dated: 9// Page 3 of 3 �{ a PRICE REQUEST u o t • i CITY OF MCHMOND DEPARTMENT NU SANITATION THIS IS NOT AN ORDER 2380 LIBERTY AV);NUI;.RICHMOND, INDIANA 47374 PHONE (765) 983-7450.FAX (765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of 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 and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return In a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: June 14, 2018 10:00 A.M. on June 26, 2018 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase One (1) % ton pick-up truck for the New Paris Pike Landfill. Please see attached specifications. Please include all warranty information with quote. E-Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Return this sheet and the proposal sheet in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: % ton pick up truck Quote Valid Until Questions? Call Darren Duncan at 765-983-7457. $ STATE TAX EXEMPTION # 003121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: BY: DATE AUTHORIZED BY SIGNATURE PHONE NUMBER TITLE Exhibit A- Page 1 of 3 Minimum Specifications for 3/4 Ton Pick-up Truck The Richmond Sanitary District wishes to obtain one (1) 2018, or newer, 3/4 ton landfill truck for use by the Richmond Sanitary District, Richmond Indiana. For additional Information, call Darren Duncan at (765) 983-7457. Minimum Specifications Four Wheel Drive: Yes No Crew Cab (4-door): Yes No V-8 Diesel Engine: Yes No Power Steering: Yes No Trailer tow PKG w/class IV trailer hitch receiver w/ both 7 and 4 straight pin wiring harness (brake control not needed): Yes No, AM/FM Stereo: Yes No Power Windows/Locks: Yes No Heater & Air Conditioning: Yes No Tilt Wheel: Yes No Cruise Control: Yes No Automatic Transmission: Yes No Spray -In Bed Liner (Black): Yes No Strobe LED Lights (hide away mount in front grill): Yes No Strobe LED Lights (into rear backups): Yes No Warranty Information Included: Yes No Owner Manual Included: Yes No All Other Standard Options Included: Yes No Heavy Duty Front Suspension (Snow Plow ready): Yes No Richmond Sanitary District will also be trading in a 2003 GMC 2500HD Pick-up w/ Hydraulic Lift Gate VIN#1GTHK24U93Z203572. This vehicle can be viewed at the New Paris Pike Landfill by appointment. Contact Darren Duncan (765)983-7457. Exhibit A - Page 2 of 3 PROPOSAL SHEET 3/4 Ton Pick-up Truck Department of Sanitation, Richmond, Indiana Year, Brand and Model Number Price of Unit Bid $ Trade -In amount $ Delivery estimate Price firm for how long Price to include all shipping, handling, and set up charges. To be delivered to The Richmond Sanitary District 2380 Liberty Avenue, Richmond, Indiana. Authorized Signature Date Contact Person (print) Phone number Company name Exhibit A - Page 3 of 3 PRICE REQUEST u o CITY OF RICHMOND ITATION DEPARTMENT 80.I.IN 'I(rYAWN1JE.R7ICHM ND, INDIANA47374 THIS IS NOT AN ORDER I)l ION£ (765) 983.7450•FAX (765) 967-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials Advantage Ford Lincoln Inc. 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. 2350 N. Parr Road Please complete your full name and phone number below with signature; itemize all prices and charges where Connersville IN 47331 requested; and attach any explanation for any substitution to 9 specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE, REPLY MUST BE IN BY, PAYMENT TERMS: DELIVERY REQUIRED: June 14, 2018 10:00 A.M. on June 26, 2018 UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes to purchase One (1)'/ ton pick-up truck for the New Paris Pike Landfill. Please see attached specifications. Please include all warranty information with quote. E-Verify requirements and Indiana Local Preference Claims will apply to this quote, information enclosed. Return this sheet and the proposal sheet in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Service Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: % ton pick up truck Quote Valid Until VC)N.�IaKj _-) Questions? Call Darren Duncan at 765-983-7457. $ STATE TAX EXEMPTION ff 0031121909-001 Richmond Sanitary District NAME OF FIRM QUOTING: 11,t ►r%,A l k c1r -E S(� I _ l U1CtJl ti 1 BY:. AUTHORIZED B IGNATURE TITLE D TE PHONE NUMBER Exhibit B - Page 1 of 9 PROPOSAL SHEET 3/4 Ton Pick-up Truer Department of. Sanitation, Richmond, Indiana Year, Brand and Model Number (9 l 1( CTC� f9 t'C) Gcyee \6`)A v C Chu, (W , Price of Unit Bid 3 Trade -In amount $ (�C�y �' (-A,) Delivery estimate Price firm for how long; 'my Price to include all shipping, handling, and set up charges. To be delivered to The Richmond Sanitary District 2380 Liberty Avenue, Richmond, Indiana. *AutMedSignature ��__cn n��\(__)_NOrt l Contact Person (print) kwn,-A-MO_A-C6 hnWkO Company name (C i Date Phone number Exhibit B - Page 2 of 9 Minimum Specifications for 3/4 Ton Pick-up Truck The Richmond Sanitary District wishes to obtain one (1) 2018, or newer, 3/4 ton landfill trnek for' use by the Richmond Sanitary District, Richmond Indiana. For additional Information, call Darren Duncan at (765) 983-7457. Minimum Specifications Four Wheel Drive: Yes,/ No Crew Cab (4-door): Yes 1J No V-8 Diesel Engine: Yes I// No Power Steering: Yes V No Trailer tow PKG w/class IV trailer hitch receiver w/ / both 7 and 4 straight pin wiring harness (brake control not needed): Yesy No AM/FM Stereo: Yesj/ No Power Windows/Locks: Yes_ No. Beater & Air Conditioning: Yes No, Tilt Wheel: Yes_11 No Cruise Control: Yes No Automatic Transmission: Yes-4z No, Spray -In Bed Liner (Black): Yes No Strobe LED Lights (hide away mount in front grill): YesTZ No Strobe LED Lights (into rear backups): Yes No Warranty Information Included: Yes_,, No Owner Manual Included: Yes No All Other Standard Options Included: Yes No Heavy Duty Front Suspension (Snow Plow ready): Yes / No Richmond Sanitary District will also be trading in a 2003 GMC 2500RD Pick-up w/ Hydraulic Lift Gate VIN#IGTHIC24UM203572. This vehicle can be viewed at the New Paris Pike Landfill by appointment. Contact Darren Duncan (765)983-7457. Exhibit B - Page 3 of 9 Indiana Local ]Preference Claim: Definitions: Affected CoHgty — Wayne County or an adjacent county. Local Indiana 33usiness — A business whose principal place of business is in an .Affected County; a business that: pays a majority of its payroll (in dollar volume) to residents of Affected Counties; or a business that employees residents of Affected Counties as a majority of its employees. Local PrefereneeDDocumentation If the Bidder is claiming local preference as defined by Indiana Code 5-22-15-20.9, it shall include such claim with its Bid. In addition the Bidder shall submit, as a Post -Bid submittal, all documentation required by the Local Indiana Preference form. If the Bidder is a Joint Venture and is claiming local preference pursuant to Indiana Code 522-15-20.9, the Bidder shall submit all post bid documentation as required by the Post -Did submittals. In determining whether the Joint Venture qualifies as a Local Indiana Business, as defined by Indiana Code 5-22-15-20.9, the Owner will evaluate the Joint Venture by combining each business's total payroll, payroll paid to residents of Affected Counties, total number of employees, and total number of employees who are residents of Affected Counties. Further, each part of the Joint Venture shall submit the location of it's principal place of business will be a consideration in whether the Joint Venture qualifies as a local Indiana business, The Owner will determine whether the Joint Venture qualifies as a Local Indiana business. The total overall Joint Venture must qualify as a Local Indiana Business to receive the local preference as defined in Indiana Code 5 22-15-20.9. Subject to Indiana Code 5-22-15-20.9, award of the Contract will be made to the lowest, responsive and responsible Bidder, where the Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to conect errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. Exhibit B - Page 4 of 9 'I INDIANA LOCAL PRETERID, NCE, CLAIM (Only fill out this Part if claiming to be a .Local Indiana Business) Puxsuantio Indiana Code 5-22-15-20.9,,&' U(� 1- CJ8) (Namc,df Business) Claims a local Indiana business preference for the bid for Project, �(? �-�� r W:�� _rti1`�4�•�1 in Wayne County, Indiana. (Name of Project) The Claim of applicability of the Local Indiana Business preference is based upon the following (Check all that apply) 0/1. The location of the Business's principal place of business is: A) in Wayne County, or B) in an adjacent county d/ 2. The majority of the business's payroll, fox the previous twelve (12) months from the date of this Bid, is to residents in Wayne or an adjacent county. j • The majority of the business's employee's, for the previous twelve (12) months from the date of this Bid, are residents of Wayne or an adjacent county. If business is deemed to be the apparent low bidder, business shall provide information pursuant to Post -Bid submittal (Local. Indiana Business Preference), to substantiate the claim of a local Indiana business. Exhibit B - Page 5 of 9 POST BID SUBNlITTAI-, Local Indiana Business Preference Pursuant to the City of Richmond Bidding and Contract Requirements, this application for the local Indiana business, pursuant to Indiana Code section 5-22-15--20.9, is hereby submitted for the Project listed below by Bidder/Applicant (hereinafter Bidder). (Use additional sheets if necessary.) Date Bid Submitted: ' Project Name: ��1�� c_ Bidder: b a(,c Contact Name: Project Number: A)c-I l-cjt�(,L) C1 V10 (0)X4; Phone Number: it - PIS r15S-111/ } Principal Place of Business: C_U� lt` lt� \`�U t �(� ti .a-`) Number of Months Adch-ess has been Principal Place of Business: CyY)to Number of all Employees for the twelve (12) months prior to the date of Bid submission.: Number of Employees who were residents of Affected Counties for the twelve (12) months prior to the date of Bide submission: 1. If the Bidder claims it is a local Indiana business because the Bidder's pri deipal place of business is in Wayne County or an adjacent county, give a statement explaining the reasons the business 2. In order to claim local preference pursuant to Indiana Code section 5-22-15-20.9, the Bidder must supply below its total payroll and the amount of the business's payroll paid t residents of Affected Counties for the previous twelve (12) months from. the date of the Bid. a. Total Amount of payroll paid to all em {oyees o Bidder in the previous twelve (12) months Rom the date of the Bid: $ eft .. b. Total Amount of payroll paid to residents of affccted counties for the previous twelve (12) months from the date of the .laid: Bidder shall supply supporting payroll records sufficient for Owner to establish the above representations. When supplying supporting records, .Bidder shall redact all Social Security Numbers Exhibit B - Page 6 of 9 E-Verify Requirements: ements: Definitions: E-Verify Program — A electronic verification of work authorization program of the Illegal Irnrnigration Reform. and Immigration Responsibility Act -of 1996 (P.L. 1.04-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11 (a) (2); and 3. A purchase order has been issued by the Purchasing Depar nient. on up on n R n on a a noun n a n an n n n R n a" a a a no a d r n Bean" an n a n me a a tl n Haan a n n n n n n a a an moan a on a anon a" an COMPLIANCE WITH INDI.ANA E-VE' RIFY PROGRAM R.�' QUIRE M ENTS Pursuant to Indiana Code 22.5.1,7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of the'Agreement, Contractor shall provide to the City its signed Affidavit affiiming that Contractor does notknowingly employ an unauthorized alien in accordance with IC 22-5-1.7 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (3 0) days after the City notifies the Contractor of the violation. If the Contractor fails to remedy the violation within the thirty (30) day period provided above, :the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (e) the Contractor will remain liable to the City for actual damages. Exhibit B - Page 7 of 9 Affidavit of Employment Eligibility Verification t(Sl. '(��,affirms under the penalties of perjury that The Contractor, .1 Contractor does not knowing, employ an unauthorized alien. If Contractor is self-employed and does not employ any employees, Contractor verifies lie or she is a United Mates citizen or qualified alien. The Contractor has not lcaowingly employed or contracted with an miauthorized alien and shall not retain an employee or contract with a person that the Contractor subsequently learns is any unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified the work eligibility status of all newly hired employees of the contractor through the Indiana E- Verify program. The Contractor has required Contractor's subcontractors to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor will maintaintbis cert fication throughout the duration ofthe terns of a contract with a subcontractor. I hereby verify under the penalty of perjury that the foregoing statement is true. 1 Dated this day of nL , 20Lp signat •e) (pi7nted name) Exhibit B - Page 8 of 9 MAN INVESTMCNT ACTIVITIES Pursuant to Indiana Code (C) 5-22-16.5, Contractor ceztifies that Contractor is not engaged in investment activities in Iran. In the event City deternvnnes 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 run.ety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have piusuant to IC 5-22-16.5. fn the event the City - determines during the course of this Agreement that this certification is no longer valid and said determination is not refined 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. Exhibit B - Page 9 of 9