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Home My Public Portal About062-2022 - Penn Care Inc. - purchase of 2023 ambulance PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this 41i- day of r / , 2022, by and between the City of Richmond, Indiana, a.municipal corporation acting:b and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Penn Care, Inc., 1317 North Road,Niles, Ohio,44446 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) 2023 Braun Chief XL Type III ambulance on a 2023 Ford E-450 chassis (hereinafter"Vehicle")for the City of.Richmond Fire Department._ This purchase and/or.project is undertaken in response to .the public health emergency and/or negative economic impacts resulting from the pandemic. Resources dedicated to this purchase and/or project fight the pandemic, sustain and strengthen the economic recovery, maintain vital public services and make investments that support long-term growth, opportunity, and equity. Bid Specifications dated January 24, 2022, have been made available for inspection by Contractor, are on.file in the office of the Director of the Purchasing Depai tuuent for the City of Richmond and the office of the Chief of the Fire Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Portions of the response of Contractor tb said Request for Responses dated February 10, 2022, is attached hereto as Exhibit A, which Exhibit consists of five (5) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by its response. Delivery of any Vehicle that does not meet all specifications listed on Contractor's response will be considered a breach of this Agreement. Contractor shall not modify or alter any provided warranty. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty.Further, Contractor shall provide City with copies of any said 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. Contract No: 62-2022 Page 1 of 6 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. 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 Two Hundred Seventeen Thousand Five Hundred Fifty-five Dollars and Zero Cents ($217,555.00) 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. Delivery is anticipated to be completed within approximately five hundred forty(540)days of receipt by Contractor of notice to proceed. 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. Page 2 of 6 • 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 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 Page3of6 • 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: 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; Page4of6 • 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. 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 Page5of6 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, PENN CARE, INC. INDIANA BY AND THROUGH ITS Board of 1317 North Road Public Works and Safety Niles, OH 44446 By: `71'� , /%iliaz By: - — Vicki Robinson,President .BY `�`/ 6-7:5,_CUC/ — Printed: 4- Emily. almer,Member J By: Title: U r Matt Evans,Member Date: 7 2 Date: 1/5 . z z 44 APPRO = I: ih, _ __Davie . sCW,r Date: 06 O 2Z2-Z Page 6 of 6 • • • r e Public Safety Technology ' • February 10,2022 City of Richmond Board of Public Works and Safety 50 North 5th Street Richmond,IN 47374 Penn Care,Inc. and Braun Industries are pleased to submit the following proposal of a new ambulance for your consideration. One (1)Braun Chief XL Type III ambulance on a 2023 Ford E-450 Gas Price $ 221,055.00 Less Ford FIN Rebate (if a valid number is supplied).. - $ 3,500.00 Finial Purchase Price $217,555.00 Delivery time: approximately 540 days from receipt of order and receipt of chassis Terms: cash on delivery and acceptance Braun's exclusive Solid-Body construction methods and over 30 years of manufacturing experience in the industry,provides a module that is lighter, stronger, and structurally warranted for the life,with no pro-ration. This construction technique gives our customers some of the highest payloads in the industry, as well the lowest centers of gravity, and much less chassis wear. Our construction methods provide a module that is remountable,time after time onto a new chassis, while still carrying the lifetime structural warranty. Penn Care,Inc.is the parts and service provider of choice for Braun. • Penn Care,Inc.will honor this proposal price to other political subdivisions as requested in your bid specifications. We do reserve the right to increase the price, due to increases in material cost, component parts, or package changes. Changes or additions to the vehicle may be made with the appropriate charges or credits applied to the aforementioned price. Penn Care,Inc.will honor this quote for (60) days. Please feel free to give me a call at 765-425-5920 if any further information is needed. Res ectfully, Tony m Sales Representative Penn Care,Inc.. EX� ?-1iB PAGE 1Thrfl - 1317 North Rd.-Niles, OH-44446 800-392-7233 fax 330-544-0022 www.penncare.net BID, OFFEROR PROPOSAL FOR SALE OR LEASE OF MATERIALS (Please type or print) r, �t Date: Ft6ot- ! 1. Governmental Unit: GI'�L( cX 'F-t 1.,tf 1Uh,O. • 2. Countil: t f A • . 3. Bidder(Firm): 1'S Irih uttie, •Ivic n . Address: I l i Ut(4'L Y�c • City/State: ik_i ley, 0 tt Y 4.' Telephone Number: .5. Agent of Bidder(if applicable): /tT item f C raw-. Pursuant to notices given,the undersigned offers bid(s)to G:4.7 �F , L tm(A'c&. 5.t'x•c t (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 enforceabi upon the contract,the bond or cer- tified check or both as the case may be. Signatigi 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 Quantily Unit Description Unit Price Amount • NON-COLLUSION AFFIDAVIT • 'STATE OF iNDIANA ss: • COUNTY l• 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 orindirect- ly, any rebate,fee,gift, commission or thing of value on account of such sale. Pat • „vuoninoo OFFICIAL SEAL Bid er(Firm) ps o tg" .0 SARAH M.SHUTER COMMISSION NUMBER NP0678303 kgneture o Biade Agent =NOTARY POIVA A Erteffi t�1/b ore me this day of Y U'Ut y -�P 'iviviv ms.G.OgtEL _ I-Zg"2424 • .L ` 22 4 °�ngunn°P MY COMM EXP u JA7 al; ��C�'_ i. v r—Y'O--cs�crv`�+ i P .. vr• ! • n Public 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 to pay the undersigned bidder upon delivery the price quoted for the materials stipulated in said bid. • • Contracting Authority Members: Date: E>'.r�4B9T pC PAGE O,r�S i . . . . 1••- =• • •- - - * 0 • Z -et . . ,_.----. . • . .1 0 I .5 • ola r • • ...,. • ,.,•_ _ . 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A.. , - • CL = \ '. 1:' ••::, w li 1 ..-. i‘• a a • ,. . • CC 41 -,..,, . . • • -. ri , ..:•-•-•'-..-- . . .C, CL sa • ,,L.,. • f, . - .. e . .-;. , , , . _ . i... ,, i _. • . ,. . 16)- -Frill f t,c71 fkill' - 4 . :P-E . "1.'141 51)( ." _.. _ _., . . g Aim . ,,,,Bili. .L - — P)- - cm Um-_... • i .i .14. . . ..v2 . .,,-''',.*.' ,, • - =NM - 2 ' . . . , . .,...._... ,E)aliair Pr PAGE 1.1 OF c • Class or Item Quantity Unit Description Unit Price Amount Ambulance (1) Ambulance Braun Chief XL $217,555.00 $ 217,555.00 • f • • EXHIBIT Pi PAGE t( OF_j Please note that it is a unit already in production that we are proposing. We are adding the following items and they are already included in the proposal price we submitted. 1. Adding a Vanner Inverter 2. Changing out the current squeeze latches to round locking latches 3. Adding Stryker antler cot mounts 4. Changing the paint layout to white over red matching the Richmond Fire Department layout. 5. Add graphics to match the.Richmond Fire Department layout. 6. Changing the upholstery to American Beauty Red 7. Changing the interior walls to Black. 1 EXHIBIT A PAGE_5_01= "1