HomeMy Public PortalAbout128-2021 - Fire - Impact Rescue - Equipment for Fire Truck PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this �`r--day of .0e/rhhr, 2021, and referred to as
Contract No. 128-2021, by and between the City of Richmond, Indiana, a municipal corporation acting
by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Impact
Rescue LLC, 3029 Marquette Court, Indianapolis, Indiana, 46268 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and provide as a sole source provider various custom Holmatro
extrication equipment (hereinafter "equipment") for the new Fire Engine #3 Fire Truck the Richmond
Fire Depaitinent as further described in Contractor's quote.
Contractor's quote, received August 8, 2021, which includes its September 24, 2021, sole-source
authorization, all of which consists of three (3) pages, is attached hereto and marked as Exhibit A.
Contractor agrees to abide by the same.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above-described
Equipment. 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 xequest 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.
Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion
of all work specified.
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 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 work.
Contract No. 128-2021
Page 1 of 6
SECTION III. COMPENSATION
City shall,pay Contractor a total amount not to exceed Forty-five Thousand Six Hundred Eighteen Dollars
and Zero Cents($45,618.00) for complete and satisfactory performance of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until
satisfactory delivery and acceptance of the Equipment.
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 manner
its obligations under this Agreement;
b. submission of a report, other workproduct,or advice,whether oral or written,by the
Contractor to the City that is incorrect, incomplete,or does not meet reasonable
professional standards 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 date this Agreement is terminated,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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects which the
parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event,or
its results,would include,but would not be limited to, events such as an Act of God, an Act of Nature, an
Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of
Indiana, or local government.
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
Page 2 of 6
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.
Coverage Limits
A. _ Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
, Section.1. Bodily Injury $1,000,000.each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury .$1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $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. 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
Page 3 of 6
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:
1. 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 money 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 VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
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
this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does
not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the.City notifies the Contractor of the violation. If 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 (c) the Contractor will remain liable to the City for
actual damages.
Page4of6
SECTION IX. 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 X.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 XI.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 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 Indiana,
regardless of any right Contractor may have to bring such suit in front of other tribunals or in other
venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly
authorized by his or her principal to execute this Contract.
Page 5 of 6
i t
Impact Rescue LLC
3029 Marquette Ct
Indianapolis;IN 46268 US
317.714.4143
martin.price@impactrescue.com
impact
Q@Scu@
Quote
ADDRESS SHIP TO QUOTE 1003
Richmond Fire Department Chris O'neil DATE 08/04/2021
101 S.5th Street Richmond Fire Department EXPIRATION 12/31/2021
Richmond,IN 47374 Wayne 101 S.5th Street DATE
Richmond,IN 47374 Wayne
1$KU DESCRIPTION QTY RATE AMOUNT
159.000.064 PSP 40 1 12,513.00 12,513.0
Pentheon Spreader 0
159.000.062 PTR 50. 1 10,091.00 10,091.0
Pentheon Ram 0
159.000.063 PCU 50 1 12,114.00 12,114.0
Pentheon Cutter 0
151.000.583 Pentheon Battery PBPA287 6 699.00 4,194.00
Pentheon Battery
151.000.742 Pentheon Battery Charger PBCH2 115V 3 556.00. 1,668.00
Pentehon Battery Charger 115V
151.000.499 POTC1 -On tool charging.Cord 3 98.00 294.00
Pentheon On=Tool Charging Cord
151.000.503 DCPC1 Daisy Chain COrd 2 12.00 24.00
Pentheon Charger Daisy Chain Cord
151.000.804 Ram Extension Pipe TRE03 1 968.00 968.00
Pentheon Ram Extension
TOTAL $41,866.00
Accepted By
Accepted Date
EXHIBIT A PAGE i OF 3
Pagel of 1
Impact Rescue LLC
3029 Marquette Ct
Indianapolis,IN 46268 US
•
317.714.4143
martin.price@impactrescue.com
impact
Rescue
Quote
ADDRESS SHIP TO QUOTE 1004
Chris O'neil Chris O'neil DATE 08/04/2021
Richmond Fire Department Richmond Fire Department EXPIRATION 12/31/2021
101 S.5th Street 101 S.5th Street DATE
Richmond,IN 47374 Wayne Richmond,IN 47374 Wayne.
DESCRIPTION
.4......� ._ .. .. _ 1
RATE A MOUNT.
151.001.164 151.001.164. 1 849.00 849.00
Cross Ram Support
150.003.105 Ram Support HRS-22 NCT 1 659.00 659.00
Ram Support
150.062.158 V-Strut 2 1,097.00 2,194.00
V--Strut
•
SUBTOTAL 3,702.00
SHIPPING 50.00
TOTAL $3,752.00
Accepted By
Accepted Date
EXHI®9T PAGE Z OF 3
Page 1 of 1
t, Holmatro USA
505 McCormick Drive
Glen Burnie,MD,21061
USA
T 410-768-9662
F 410-768-4878
E info@holmatro-usa.com
I www.holmatro.com
24 September 2021
To Whom It May Concern:
The purpose for this letter is to certify that as of this date, the sole factory authorized source of
sales and service for Holmatro Rescue Equipment in the state of Indiana except for the
counties of Franklin, Dearborn, Ohio, and Switzerland will be:
Impact Rescue LLC
3029 Marquette Ct.
Indianapolis, IN 46268
For your sales and service solutions, please feel free to contact Martin Price (317-714-4143)
directly.
If you need any further information, or if I can be of assistance in any other way, please feel free
to contact me as well.
Kind regards,
JoAnn Tyler
National Sales Manager
443-758-5495
•
)EXHIBIT j PAGE LOF_2_1
(C___ o
lmatro
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