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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: Contract No. 210-2023 Il P a g 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 2 1age 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 3 3age 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 4 I Page 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