HomeMy Public PortalAbout169-2022 - Deere Company - utility vehicle AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this A day of I u Ol/e 1 1 be1;'2022,
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 Deere Company,
AG and Turf Corp. Business Division, 21748 Network Pl, Chicago, IL 60673 (hereinafter
referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to provide one (1) John Deere Gator Utility Vehicle pursuant to
the attached proposal tendered by Contractor, which is attached hereto and incorporated by
reference herein as "Exhibit A". Contractor agrees to comply with all terms and conditions
contained in"Exhibit A".
The Indiana State Quantity Purchase Agreement ("QPA") with the State of Indiana was
examined by the Sanitary Department. Contractor agrees to comply with all terms and
conditions contained therein. Pursuant to Indiana guidelines, a City may opt to use the State
QPA Bid List when purchasing and may request price quotes for specific quantities of items of
equipment and/or commodities as an alternative to the standard bid procedures.
The Contractor shall furnish all labor material, equipment, and services necessary for and
incidental to the proper completion of this Purchase Agreement.
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.
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.
Contract No. 169-2022
Page 1 of 7
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A", which is the sum of
Seventeen Thousand Seven Hundred Seventy-Two Dollars and 44/100 ($17,772,40) in
consideration for the vehicle specifically described within the Exhibit attached hereto, inclusive
of delivery.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall
continue until such time that the Contractor delivers the equipment, in new and working
condition, to the City, which delivery shall occur within a commercially reasonable timeframe
from execution hereof. Nothing in this agreement shall be interpreted to waive any of the City's
remedies that may be available to it at law or in equity, specifically those pertaining, in any
manner, to laws pertaining to a purchaser's remedies for the furnishing of a defective 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.
Page 2 of 7
1
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
Page 3 of 7
$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
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
Page 4 of 7
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 VIII. 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 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
Page 5 of 7
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 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.
[Remainder of this page intentionally left blank. Signatures to follow on page 7].
Page 6 of 7
"CITY" "CONTRACTOR"
The City of Richmond, Indiana, by and Deere Company
through its Board of Sanitary AG and Turf Corp Business Division
Commissioi s
By: 4rtd..2.6r u-A PPLadt-
ue filler,President
Dated: / % I/oJ 0 ,3— (Printed): Andrew Roman
Title: Contract Administrator
Aman rr, 'ce President
Dated: t k \ L Dated: 11/29/2022
Ste , Member
Dated:
APPROVED:
;iv
Sn'w, ayor
Dated: d 2022
Page 7 of 7
Quantity Purchase Agreement Qty Purchase Agreement QPA Number Page
With The State Of Indiana 0000000000000000000054401 1 of 1
Requisition Nbr.: Grounds Maintenance Equipment
Vendor DEERE COMPANY Effective Date: 07/15/2021
Remit to: AG AND TURF CORP BUSINESS DIVISION Expiration Date: 04/30/2025
21748 NETWORK PL Agency Number:
CHICAGO IL 60673 Facility: ASA-Sourcewell Contract 031121
Vendor ID: 0000056865
Vendor Telephone Nbr:
Name and DEERE COMPANY Name Of Contact Pers:
Address AG AND TURF CORP BUSINESS DIVI Contact Email:
of Vendor: 21748 NETWORK PL FAX Number:
CHICAGO IL 60673
In accordance with your bid,submitted in response to the above referenced solicitation,the Vendor agrees that the Indiana Department of Administration,Procurement
Division,has the option to purchase the items listed below under the terms of this agreement.
The Vendor agrees to charge these prices for any products ordered on any QPA release received after the expiration of the QPA but issued prior to the expiration date.
The quantity listed herein is an estimate of the requirements.The state may order substantially more or substantially less pursuant to the terms of this agreement.
Orders are to be delivered only upon receipt of properly approved Quantity Purchase Award Release.
Line Number Quantity UNIT Article and Description Unit Price
This is a Quantity Purchase Agreement(QPA)with John Deere for Grounds Maintenance
Equipment. This has been awarded by a participating addendum of John Deere's master contract
with Sourcewell; previously National Joint Powers Alliance(NJPA). The master
contract number is 031121-DAC.
This QPA is available for state agencies and local government entities. Interested buyers may
obtain a quote from and order through any listed John Deere dealer located in the State of
Indiana. Quotes are valid for 30 days.
The QPA offers agencies discounts off MSRP for certain new equipment and attachments related
to ground maintenance. Operational training on all purchased equipment is available,at no
additional cost,at the request of the purchasing agency.
Parts and service are not eligible purchases through this QPA. Only new equipment purchases
are eligible.
For more information, including locating a dealer, MSRP discounts and volume discounts,copy
and paste the following link into your browser:
https://www.d eere.co m/assets/pdfs/regio n-4/i ndustri es/g ove rn me nt-and-military-sales/contra
cts/cooperative/nj pa/nj pa_landscape.pdf
A'build your own"product feature is available for users at the John Deere website. Copy and
paste the following link into your browser:
https://configure.deere.com/cbyofillen_us/products
Agencies(or the dealer an agency is working with)may contact the following John Deere sales
representative for more information or questions about the program:
Beth Schneider
Government Business Manager
John Deere Ag and Turf Government Sales
SchneiderBethanyM@JohnDeere.com
(515)802-4941
0.00 Contract,Grounds Maintenance Equipment 0.0000
The following UN/CEFACT Unit of Measure
Common Codes are used in this document:
Signature of Purchasing Officer Typed Name Signature Of Approval
Office Of the
State Attorney General
Date Signed Typed Name Date Signed
Authorized Signature Indiana Department Of Administration
Procurement Division
402 West Washington Street,Rm W468
Indianapolis,Indiana 46204
Telephone:(317)232-3150
State Form 9955(R10/7-08)-Electronic Version-Approved by State Board Of Accounts,2008
00- JOHN DEERE /wen=a
KOENIG EQUIPMENT, INC.
Quote Id: 27327869
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO(VENDOR): TO DELIVERING DEALER:
Deere &Company Koenig Equipment, Inc.
2000 John Deere Run 3421 West State Road 38
Cary, NC 27513 Richmond, IN 47374
FED ID: 36-2382580 765-962-7330
UEID: FNSWEDARMK53 richmond@koenigequipment.com
Prepared For:
KoeniG,
KOENIG EQUIPMENT, INC .
Proposal For:
Delivering Dealer: Quote Prepared By:
Ryan Mccoy Ryan Mccoy
ryan.mccoy@koenigequipment.com
Koenig Equipment, Inc.
3421 West State Road 38
'Richmond, IN 47374
richmond@koenigequipment.com
Date: 26 August 2022 Offer Expires: 08 September 2022
JOHN DEERE K►oOfI .,.
KOENIG EQUIPMENT, INC.
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO(VENDOR): TO DELIVERING DEALER:
Deere &Company Koenig Equipment, Inc.
2000 John Deere Run 3421 West State Road 38
Cary, NC 27513 Richmond, IN 47374
FED ID: 36-2382580 765-962-7330
UEID: FNSWEDARMK53 richmond@koenigequipment.com
Quote Summary
Prepared For: Delivering Dealer:
Koenig Equipment, Inc.
Home : 765-983-7450 Ryan Mccoy
3421 West State Road 38
Richmond, IN 47374
Phone: 765-962-7330
ryan.mccoy@koenigequipment.com
Pricing subject to change based on pricing available at time order Quote ID: 27327869
sources. Trade allowance is based on anticipated hours and Created On: 26 August 2022
reconditioning at time of trade evaluation. Maintenance for trade-in Last Modified On: 26 August 2022
unit(s) is the responsibility of current owner. Trade-in unit(s) require Expiration Date: 08 September 2022
the necessary attachments for the unit to properly function including
AMS components. No guarantees of pricing or availability are
implied or expressed. Quoted finance rates are subject to change
based on interest rates available at time of delivery.
Equipment Summary Suggested List Selling Price Qty Extended
JOHN DEERE GATORTMHPX615E $ 18,251.62 $ 15,696.40 X 1 = $ 15,696.40
(Model Year 2023)
Performance Edge Master $2,076.00 X 1 = $ 2,076.00
Maintenance: Gator UTVs
Contract: IN Purdue Univ-Sourcewell L&G P031121-DAC(PG AD CG 22)
Price Effective Date: August 25,2022
Sub Total $ 17,772.40
Equipment Total $ 17,772.40
Quote Summary
Equipment Total $ 17,772.40
Trade In
SubTotal $ 17,772.40
Est. Service $ 0.00
Agreement Tax
Total $ 17,772.40
Balance Due $ 17,772.40
Salesperson:X Accepted By:X
a JOHN DEERE K►Oef/a
KOENIG EQUIPMENT, INC.
Selling Equipment
Quote Id: 27327869 Customer Name:
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO (VENDOR): TO DELIVERING DEALER:
Deere & Company Koenig Equipment, Inc.
2000 John Deere Run 3421 West State Road 38
Cary, NC 27513 Richmond, IN 47374
FED ID: 36-2382580 765-962-7330
UEID: FNSWEDARMK53 richmond@koenigequipment.com
JOHN DEERE GATORTMHPX615E (Model Year 2023)
Hours: Suggested List*
Stock Number: $ 18,251.62
Contract: IN Purdue Univ- Sourcewell L&G P031121-DAC Selling Price*
(PG AD CG 22) $ 15,696.40
Price Effective Date: August 25, 2022
* Price per item - includes Fees and Non-contract items
Code Description Qty List Price Discount% Discount Contract Extended
Amount Price Contract
Price
57G8M GATORTMHPX615E (Model 1 $ 13,699.00 14.00 $ 1,917.86 $ 11,781.14 $ 11,781.14
Year 2023)
-
__ 'Standa`rdjOptlons=_Per-Unit's
001A US/Canada 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
0505 Build To Order 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
1012 High-Performance All- 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
Terrain (HPAT) Tires
2007 Standard Bench Seat- 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
Black
2350 Park Position in 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
Transmission
3003 Cargo Box with Spray In 1 $ 546.00 14.00 $ 76.44 $ 469.56 $469.56
Liner, Brake and Tail Lights
3100 Cargo Box Power Lift 1 $ 1,048.00 14.00 $ 146.72 $ 901.28 $ 901.28
4004 Deluxe Cab Frame/Including 1 $ 1,763.00 14.00 $ 246.82 $ 1,516.18 $ 1,516.18
Glass Windshield with
Wiper, Electrical Kit, Rear
Window and Nets
4049 Less Black Poly Roof 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
4201 Front Brush Guard 1 $ 315.00 14.00 $44.10 $ 270.90 $ 270.90
Standard Options Total $ 3,672.00 $ 514.08 $ 3,157.92 $ 3,157.92
{ D:ealerr�Attaehments/NotTaTtractlOpenrMarlcet�
BM23508 Side Mirrors - Deluxe Cab 1 $ 176.56 14.00 $24.72 $ 151.84 $ 151.84
BM21651 Front Work Light Kit- 1 $404.46 14.00 $ 56.62 $ 347.84 $ 347.84
Deluxe Cab
BM21652 Rear Work Light Kit- Deluxe 1 $ 299.60 14.00 $41.94 $257.66 $ 257.66
Cab
Dealer Attachments Total $ 880.62 $ 123.28 $ 757.34 $ 757.34
l Vaue,Added SerV cesi
Jo�a{g yp� ypo � ç917Io
• ®tl�{�} KO INC.
Selling Equipment
Quote Id: 27327869 Customer Name:
ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT
TO(VENDOR): TO DELIVERING DEALER:
Deere &Company Koenig Equipment, Inc.
2000 John Deere Run 3421 West State Road 38
Cary, NC 27513 Richmond, IN 47374
FED ID:'36-2382580 765-962-7330
UEID: FNSWEDARMK53 richmond@koenigequipment.com
Performance Edge Master 1 $2,076.00 $ 2,076.00 $ 2,076.00
Maintenance: Gator UTVs
Value Added Services $2,076.00 $ 2,076.00 $ 2,076.00
Total
Total Selling Price $ 18,251.62 $2,555.22 $ 15,696.40 $ 17,772.40
0 JOHN DEERE
Ourotes are wild for 3O days from the,oreation date or upon co ttr ct
expiration , whichever:occurs first
I-A Purchase Order(PLO)) or Lettereot intent 0411 j 1 iuding, the`below
°nforr_�_=_�at oni its required to proceedl with this sate.,The PO or LOil W L{Ile
mowed t 1�.--, d�-�-•-�I--v ��C ',-1 ----v��--\-�,�F--•y F
; if i�nfor � , edit is, n s1flg4�,
•
Vendor: Deere & Company For any questions, please contact:
Ei 2000 John Deere Run
Cary, NC 27513 Ryan Mccoy
Koenig Equipment, Inc.
Signature on all LOIs and POs with a 3421 West State Road 38
1-1 signature line Richmond, IN 47374
Contract name or number; or JD Quote ID Tel: 765-962-7330
El Sold to street address (no PO box) Fax: 765-935-1090
El to street address (no PO box) Email: ryan.mccoy@koenigequipment.com
Bill to contact name and phone number
[] Bill to address
ni Bill to email address (required to send the invoice and/or to obtain the tax
exemption certificate
Membership number if required by the contract
Quotes of equipment offered through contracts between Deere & Company, its divisions
and subsidiaries (collectively "Deere") and government agencies are subject to audit and
access by Deere's Strategic Accounts Business Division to ensure compliance with the
terms and conditions of the contracts.