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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. 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Vi ±��iiirN�' r,'-' '�°fY'wo K h r rt r 11 i w rr4i' M' � ,a ��F,��tum 7,rt imr l� Y �' Ph i.,,1 � ftu�r elf�n�� ri.'s WrtI.A;� �� a,, �Bi J'ks '*' �r i "7','_ . ., N 154 6 -.C;;F Off" 1 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)