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Home My Public Portal About126-2021 - Street - Wright Implement 1 - New Mower O1GINAL PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this / WIday of iCf , 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 Wright Implement 1, LLC, 3225 Carter Road, Owensboro,Kentucky, 42301 (hereinafter referred to as the"Contractor"). SECTION I. STA I bMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) Tiger Boom Mower with 611M John Deer Tractor (hereinafter referred to as"Vehicle"or"Equipment") for the City of Richmond Street Department. Requests for Quotes were made August 23, 2021. Responses to said request are on file in the office of the Richmond Street Department and Richmond Purchasing Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor received September 9, 2021, is attached hereto as "Exhibit A", which Exhibit consists of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." Delivery of any Vehicle that does 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 Vehicle. 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. Contract No. 126-2021 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicle, provided that Contractor's total compensation shall not exceed One Hundred Fifty-eight Thousand Five Hundred Forty-nine Dollars and Sixty Cents ($158,549.60) for purchase of the Vehicle 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 Vehicle. 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. 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 Page 2 of 6 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 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 Page 3 of 6 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: 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 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. Page 4 of 6 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. [Signature Page to Follow.] Page 5 of 6 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" "CONTRACTOR" THE CITY OF RICHMOND, WRIGHT IMPLEMENT 1,LLC INDIANA BY AND THROUGH ITS BOARD 3225 Carter Road OF PUBLIC WORKS AND SAFETY Owensboro,Kentucky, 42301 By: k tkr Lv By: Vicki Robinson,President By: • Printed: D4iraic/4am v"-c mily P1lmer,Member (�/} By: �� Title: Qo„t,.„ i.,,,, f �cls f Matt Evans,Member APPROVED: ( ate: /g/2 David M. Snow, rt. Date: l0 4/2024 Page 6 of 6 BID, OFFER OR PROPOSAL FOR SALE OR LEASE OF MATERIALS (Please type or print) Date: V-7a123e-1 • 1. Governmental Unit: .tcX,w,r., ;""�', • 2. County: 1rJonv,``; • • 3. Bidder(Firm): • ``,,;� • . Address: -%o G'.r\u • City/State: 0 w4-44 .�.)`fit; 4. Telephone Number: TA-0-1• •5. Agent of Bidder(if applicable): • . • Pursuant to notices given, the undersigned offers bid(s)to (Governmental Unit)in accordance with the following attachment(s)which specify the class or item number or description, quantity, unit, unit price and total amount. • The contract will be awarded•by classes or items,in accordance with specifications.Any changes or altera- tions in the items specified will render such bid void as to that class or item.Bidder promises that he has not offered nor received a less price than the price stated in his bid for the materials included in said bid.Bidder fur- ther agrees that he will not withdraw his bid from the office In which it is filed.A certified check or bond shall be filed with each bid if required,and liability for breach shall be enforceable upon the contract,the bond o cer- tified check or both as the case may be. • Signature of Bidder or Agent • BID OFFER OR PROPOSAL • Attach separate sheet listing each item bid based on specifications published by governing body.Following is an example of the bid format: • Class or item Quantity Unit Description Unit Price - Amount (�ai'ha ru�ONc,r I ' I v r I I►,�. �I I%1BSS514,C Co S15Ybb 5 kck.6 0 NON-COLLUSION AFFIDAVIT • 'STATE OF INDIANA ss: • COUNTY • The undersigned bidder or agent,being duly sworn on oath,says that he has not,nor has any other member, representative,or agent of the firm,company,corporation or partnership represented by him,entered into any combination,collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding,and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons,firms,or corporation has,have or will receive directly or indirect- ly, any rebate,fee,gift,commission or thing of value on account of such sale. . Amber Coleman • w � \"� Notary Public_State of Kentucky State at Large . Signature of Bid or A 7 Nbtary ID#68746.81 and sworn to kefore me this day of Commission extslr $:11122L "I -kO2 �(/ ' Notary"Public County of Residence: D9IIi ACCEPTANCE There now being sufficient unobligated appropriated funds available, the contracting authority of (Governmental Unit) hereby accepts the terms of the attached bid for classes or items numbered and promises : .ay t -undersigned bidder upon delivery the price quoted for the materials stipulated in said bid. 0* Contracting Authority Members: G� te: �H■If'.r n -a Ar- 1 Arm r't• • JOHN DEERE Purchase Order for PO Revision# Original John Deere Equipment (U.S. Only) PURCHASER'S NAME-First Signer(First,Middle Initial,Last) DATE OF ORDER COMPANY UNIT DEALER ACCOUNT NO. CITY OF RICHMOND RICHMOND STREET DIVISION Sep 22,2021 03 031567 (SECOND LINE OF OWNER NAME) DEALER ORDER NO. 03059774 STREET OR RR SOC.SEC. IRS NO. EIN.NO. 700 RICHMOND AVE TOWN STATE ZIP CODE TRANSACTION TYPE PURCHASER SALES TAX EXEMPT RICHMOND IN 47374 Cash Sale COUNTY PURCHASER ACCT. PHONE NO. SELLERS NAME&ADDRESS Wayne 765-983-7225 Wright Implement 1,LLC REWARDS# 3225 Carter Road,Exit 12 off the Bypass Owensboro,KY 42301 E-MAIL ADDRESS 270-683-3606 I (We), the undersigned, hereby order from Dealer the Equipment described below, to be PURCHASER'S NAME-Second Signer delivered as shown below.This order is subject to Dealer's ability to obtain such Equipment from the manufacturer and Dealer shall be under no liability if delivery of the Equipment is STREET OR RR delayed or prevented due to labor disturbances,transportation difficulties,or for any reason beyond Dealer's control.The price shown below is subject to Dealer's receipt of the Equipment prior to any change in price by the manufacturer. It is also subject to any new or increased TOWN STATE ZIP CODE taxes imposed upon the sale of the Equipment after the date of this order. REWARDS# Use County Use State/Province WAYNE IN DELIVERED D N U Hours PRODUCT CASH PRICE EMANET S E Equipment&Value Added Service of IDENTIFICATION (Or Total Lease QTY w o L D (Give Model,Size&Description) Use NUMBER Payments) 1 x JOHN DEERE 6110M Cab Tractor Stock#186867 0 $95,080 00 1 x Tiger 22'Bengal 0 $63,469 60_ I(We)offer to sell,transfer,and convey the following item(s)at or prior to the time of delivery of the above Equipment,as a"trade-in"to be applied against the cash price.Such item(s)shall be free and clear of all security agreements,liens,and encumbrances at the time of transfer to you.The following is a description and the price to be allowed for each item. TOTAL CASH PRICE $158,549 60 Hours PRODUCT QTY DESCRIPTION OF TRADE-IN of Use IDENTIFICATION NUMBER AMOUNT TOTAL TRADE-IN ALLOWANCE $0 00 PURCHASER TYPE MARKET USE 1.TOTAL CASH-PRICE $158,549 60 1 Commercial 17 General Utility 2.TOTAL TRADE-IN ALLOWANCE $0 00 COMMENTS: 3.TOTAL TRADE-IN PAY-OFF $0 00 4.BALANCE $158,549 60 5.UCC/ORIGINATION FEE $0 00 6.PHYSICAL DAMAGE INSURANCE. $0 00 7.DELIVERY $0 00 11.EST.SERVICE AGREEMENT $0 00 TAXES 12.SUB-TOTAL $158,549 60 13.CASH WITH ORDER $0 00 14.RENTAL APPLIED $0 00 15.CASH DISCOUNT $0 00 16.BALANCE DUE $158,549 60 IMPORTANT WARRANTY NOTICE:The John Deere warranty applicable to new John Deere Equipment is printed and included with this document.There is no warranty on used equipment.The new equipment warranty is part of this contract.Please read it carefully.YOUR RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS SET FORTH IN THE WARRANTY AND THIS CONTRACT. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE NOT MADE AND ARE EXCLUDED UNLESS SPECIFICALLY PROVIDED IN THE JOHN DEERE WARRANTY. Telematics: Orders of telematic devices include only the hardware. Where available,telematics software,including JDLinkTM connectivity service,may he enabled from your local John Deere Operations Center or JDLink website. Please see your authorized John Deere dealer for assistance. DISCLOSURE OF REGULATION APPLICABILITY:When operated in California,any off-road diesel vehicle may be subject to the California Air Resources Board.In-Use Off-Road Diesel Vehicle Regulation.It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. ACKNOWLEDGEMENTS-I(We)promise to pay the Balance Due(linel6)shown above in cash,or to execute a Time Sale Agreement(Retail InstallmentContract), or a Loan Agreement,for the purchase price of the Equipment,plus additional charges shown thereon or execute a Lease Agreement,on or before delivery of the Equipment ordered herein.Despite physical delivery of the Equipment,title shall remain in the seller until one of the foregoing is accomplished. USE OF INFORMATION/PRIVACY NOTICE I understand that Deere&Company and its affiliates("John Deere")and Dealer collect information,including my personal information and machine data to provide warranty, customer service, product and customer support, marketing and promotional information about Dealer,John Deere and their equipment,products and services and to support other business processes and purposes.See the John Deere Privacy Statement (https:liwww.deere.comlen/privacy-and-datalprivacy-statements/)for additional information on the types of personal information and machine data John Deere collects,how it is collected,used and disclosed.See Dealer directly for information about its privacy policy. )EXHIBIT P PAGE 2 OF ' 2 In WS JOHN DEERE Purchase Order for PO Revision# Original John Deere Equipment (U.S. Only) Quote ID: 25106677 Purchaser Name: CITY OF RICH N ICHMOND STREET DI' Purchaser's Accepted Signature BY Q �� Purchasers (�@+ Date Saps_ rson MONTGOMERY,DAKOTA Signature Accepted Delivery Acknowledgement �\ Deliv= - Warranty Begins: Signature Date • • N CO Ln CO c0 d7 N co c0 O O (V co .4. tf) Cfl r-- c0 O ( N M t1) CON 8 r-- f� h- ti COCOc0 COc0 COc0 COCOc0 COc0 COc0 COc0 CO O O O O O O O 6') O O O O O O O O O O T r r PAGELFEXHIBITE 3 F _ JOHN DEERE Iligg'ir . l„plemegt Quote Id: 25106677 Prepared For: CITY OF RICHMOND RICHMOND STREET DIVISION 1111. 0 DA101 f ' P Power O °10 Equipment Neat y , i ! rI r . ,J,timp.cam Prepared By: Dakota Montgomery Wright Implement 1, LLC 3225 Carter Road Exit 12 Off The Bypass Owensboro, KY 42301 Tel: 270-683-3606 Fax: 270-683-0036 Email: dakotamontgomery@wrightimp.com 4wcr' 6:-rpt 6:4c) ci,g ki.? fe,u1c- GatittetildAltrs �vw.c. or ro Date: 23 August 2021 Offer Expires: 05 September 2021 Confidential EXHIBIT` p PAGE Li OF r re Jo -IN DEERE 1��" 0,,,pleget Quote Id: 25106677 23 August 2021 CITY OF RICHMOND RICHMOND STREET DIVISION 700 RICHMOND AVE RICHMOND, IN 47374 Wright Implement would like to thank you for giving us the opportunity to serve you. We look forward to providing you the best possible service available from our knowledgeable sales staff, to our fully stocked parts department, as well as our factory trained service department. Thank you for your interest and we_look forward to serving you in the future. Dakota Montgomery 270-683-3606 Wright Implement 1, LLC • Nonfidential 1EXHIBR PAGE, " OE