HomeMy Public PortalAbout203-2023 - Wetzel Ford - purchase a new SUV AGREEM.ENT
TERS PURCHASE AGREEMENT made and entered into this 30 day of D:tct.rify- , 2023,
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 Wetzel Ford, 4500
National Road East, Richmond, IN 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish one (1) 2024 Ford Escape SUV (hereinafter "Vehicle")
for the City of Richmond Sanitary District. The contracting price, as more specifically set .forth
below, shall include all shipping, handling, deliver:y, pick-up and set-up charges, less trade-in
value. City is trading :in a 2014 Ford Explorer. The vehicle shall be delivered to the Richmond
Sanitary District WWTP at 2380 Liberty Avenue, Richmond, Indiana 47374.
A request for quotes, dated October 10, 2023, has been made available for inspection by
Contractor, is on file with the Sanitation Department, is hereby incorporated by reference, and
made a part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Request for Quotes is attached hereto as "Exhibit A", which
Exhibit was received November 1.4, 2023, consists of eight (8) pages, and is hereby incorporated
by reference and made a part of this Agreement. Contractor agrees to comply with all terms and
conditions contained i.11 "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 warrarly.
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 yropcT completion of this Purchase Agreement..
Contract No. 203-2023
Page I af 7
No performance of so-vices 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 he 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 Ill. COMPENSATION
City shall pay Contractor the quote amount described on":Exhibit A", which is the sum of Twenty-
Five Thousand Nine Hundred Seventy-Five Dollars and 00/100 ($25,975.00) in consideration for
the vehicle specifically described within the Exhibit attached hereto, inclusive of delivery, which
price reflects a credit for the above-described trade-in, in consideration for the vehicles specifically
described within the Exhibits attached hereto.
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 vehicle, 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 automobile.
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 riot he 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 re.spect;
c. ineffective or improper use of funds provided under this Agreement;
Page 2 of 7
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 he 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 Iso 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 he 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 S 1 00,000
C. Comprehensive General Liability
Page 3 of 7
Section 1.. Bodily Injury S1,000,000 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 w(-)rk 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 .therefbre
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. PROIUBITION 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:
That iii 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
Page 4 of 7
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 he canceled or terminated by the City and all monies due
or to become cite hereunder may be forfeited, for a second or any subsequent violation of
the terms or ennditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall he considered a material breach of this Agreement.
SECTION VIM IRAN INVESTMENT ACTIVITIES
Pursuant. to Indiana Code (IC) 5-22-1.6.5, 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 5-22-1.6.5. 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 he
controlled by Indiana law and shall he binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
Page 5 of 7
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 WITNESS WHEREOF, the parties have executed this Agreement at. Richmond, Indiana, as of
the day and year first written above, although signatures may he affixed on different dates.
[Remainder of this page intentionally left blank. Signatures to Ibllow on page 7].
Page 6 of 7
"CITY" -CON'I'RAGFOR"
The City of Richmond, Indiana, by and Wetzel Ford
through its Board of Sanitary
Commissioners
By,
:ue Miller, President
Dated: 1/ -h /1/4 (Printed) . /10 '
Title:
Vice President
Dated: / 2- 2,/ 2 Dated:
Greg Steins, Member
Dated:
APPROVED:
:now, M
Dated:_ f 1,
.
Page 7 of 7
Quote
Ford Escape
Richmond Sanitary District
Year/ivfake/Model: .201-/ 1-0 rd 4:1)
Dealership Submitting Quote:
Price Firm for How Long:
Estimated Delivery Time:
In addition,to the above New Vehicle,the Richmond Sanitary District would like to obtain a
trade-in allowance(to be deducted from the sale price of the above new vehicle)for the following
used vehicle(s):
Vehicle#1
2014 Ford Explorer XLT
121,943 approxim,te miles
VIN#1FM5K8D80EGB79813
(Pictures attached)
This vehicle(s)wit be available for pick-up upon delivery of new vehicle. You may view the
above trade-in vehicle(s)at the Richmond Sanitary District at 2380 Liberty Ave.during regular
business hours(8:00am to 4:00pm)by appointment only. Please email Elijah Welch at
ewelch@richmondindiana.gov to schedule an appointment.
Total Price of New Vehicle w/Equipment: $ 33c,76
Vehicle#1 Trade-In Allowance:$ 4ei ti3e2
Total Price after Trade-In(s): of iffy
Prices to include all shipping,handling,delivery,pick-up and set-up charges. Vehicle shall be
delivered to the Richmond Sanitary District WWTP at 2380 Liberty Ave,Richmond,IN 47374.
Is Indiana Local Preference being submitted? Yes No
All questions shall be directed to Elijah Welch at 765-983-7483 or
ewelch@richniondindiana.gov.
AL 41.4," -7120",
Authorized Signature Date
Contact Person(Printed) Phone Number
Dealership
,c,!)1/31I PAGE 1 OF ?)
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INDIANA LOCAL PREFERENCE CLAIM
(Only fill out this Part if claiming to be a Local Indiana Business)
Pursuant to Indiana Code 5-22-15-20.9, ()
e-(
(Naxuo of Business) -
Claims a local Indiana business preference for the bid for Project vvuair c5:4•vt,r. r /'s
in Wayne County,Indiana.
(Name of Project)
The Claim of applicability of the Local Indiana Business preference is based upon the following
(Check all that apply) •
The location of the Business's principal place of business is:
A) in Wayne County,or
B) in an adj ent county
ZThe majority cif the business's payroll,for the previous twelve(12)months from the
_7-date of this Bisi,is to residents in Wayne or an adjacent county.
0 3. The majority of the business's employee's,for the previous twelve(12)months from
the date of this Bid,are residents of Wayne or an adjacent county.
If business is deemed to be the apparent low bidder,business shall provide information pursuant to
Post-Bid submittal(Local Indiana Business Preference),tc substantiate the claim of a local Indiana
business.
wAi 01- cb
Affidavit of Employment Eligibility Verification
The Contractor, tx)40 v..6( \--10 , affirms under the penalties of perjury that
Contractor does not knowingly employ an unauthorized alien. If Contractor is self-employed
and does not employ any employees, Contractor verifies he or she is a United States citizen or
qualified alien.
The Contractor has xot knowingly employed or contracted with an unauthorized alien and shall
not retain an employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Pursuant to Indiana Code 22-5-1.7, Contractor has enrolled in and verified
the work eligibility status of all newly hired employees of the contractor through the Indiana E-
Verify program.
The Contractor has required Contractor's subcontractors to certify to the Contractor that the
subcontractor does not knowingly employ or contract with an unauthorized alien and that the
subcontractor has enrolled ; d is partici I in the E-Verify program. The Contractor will
main ;u this certi u lion throughout the duration of the term of a contract with a subcontractor.
I hereby verify under the penalty of perjury that the foregoing statement is true.
Dated this ('.7i day of 1,0 rie est 61'c'
cl
(signature)
bl-rc vu 9,r-)
(printed name)