HomeMy Public PortalAbout210-2023 - Sanitation- Hoosier Battery - Furnish a Salt Spreader AGREEMENT
THIS AGREEMENT made and entered into this 14 day of („e,19,,zir 2023, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board.
of Sanitary Commissioners (referred to as the "City"), and Hoosier Battery, 70 Fort Wayne
Avenue, Richmond, IN 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK.
City hereby retains Contractor to furnish and install a salt spreader for the City of Richmond
Sanitary District.
A Request for Quotes has been made available for inspection by Contractor, is on file i.n the
office of the Department of Sanitation for the City of Richmond,
The response of Contractor to said Request for Quotes is attached hereto and incorporated by
reference herein as Exhibit"A".
Should any provisions, terms, or conditions contained in any of the documents attached hereto
and incorporated by reference herein as Exhibits, 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 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 and/or warranties;
2. The City is in receipt of any required affida.vit(s) signed by Contractor in accordance with
LC. § 22-5-1.7-11(a)(2); and
3. 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. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay the sum of Seven Thousand Five .Flundred Sixty Dollars and 00/100 ($7,560.00)
for the total project cost.
SECTION IV, TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall remain
in effect until Contractor completes the Statement and Subject of Work described herein.
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 thirty (3()) days written notice specifying the
effective date and the reasons for termination which shall include but are not be limited to the
following:
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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 work product, 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,
This Agreement may also he terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement 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 either the City or the Contractor, without cause, by
giving at least thirty(30) days written notice to the other party.
In the event of termination of this Agreement, 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 he 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 I.00,000
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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
$1,000,000 aggregate
F. Malpractice/Errors &.Omissions Insurance $1,000,000 each occurrence
$2,000,000 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 IER.AN 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 Board determines during the course
of this Agreement that this certification is no longer valid, Board 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 Board.
that the Contractor has ceased investment activities in Iran within ninety (90) days after
the written notice is given to the Contractor, the Board may proceed with any remedies it
may have pursuant to IC 5-22-16.5. In the event the Board 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 Board 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
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directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-1.6-6-1, 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 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 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. 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 he required prior to the commencement of legal proceedings in said
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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.
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.
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 in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
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 Alan 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 arid year first.written above, although signatures may be affixed on different,dates.
[THE REMAINDER OF THIS PAGE INTENTMNALLY LEFT BLANK----SIGNATURES TO
FOLLOW]
5 I? a e
"CITY" "CON'TRAC`IOR"
The City of Richmond, Indiana, by and Hoosier Battery
through its Board of Sanitary 70 Fort Wayne Avenue
Commissioners Richmond, IN 47374
By:
ue Miller, Presi ent
Dated: (Printed):,--- t
1 ,1/4 / 7141,
Title: e
Arnatilfakshi, Vice President
Dated: /2-7/2',//2- 3 Dated:
Greg Steins, Member
Dated:
APPROVED:
4 PrOkt,
Sno
Dated:
6 6a o
PROPOSAL SHEET
Salt Spreader
Department of Sanitation, Richmond,Indiana
Year, Brand and Model Number
)-1-305S 1r, x0D•3
-
Price of Salt Spreader installed in our truck: $'1140 Oa
Price Firm for How Long: AC dcws 04v,- 413/203z,
Estimated delivery d. e: (-2 _WL__'e Omier
Include Warranties Yes /No
E-Verify: Yes
Indiana Local Preference Yes No
Iran Investment Activities Yes No
Price to to include all shipping,handling, and set up charges. Department of Sanitation will
bring truck to your facility for installation of the salt spreader.
i 0/34,9•
Authorized Signature Date
-1±/0 -765-'435-qqq0
Contact Person (pririt) Phone number°
ompany name
117:7XH 1 B -PA G E 6F11