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HomeMy Public PortalAbout197-2023 - Countryside Auto - on call vehicle mechanic for 2024 r AGREEMENT THIS AGREEMENT made and entered into this / day of i i ''' 2023, and referred to as Contract No. 197-2023, by and between the City of Richmond. Indiana, a municipal corporation acting by and through its Board of Public Works and Safety, its Board of Sanitary Commissioners, and its Board of Parks and Recreation (hereinafter referred to as the "City") and Countryside Auto, 2608 Union Pike, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide on-call and as-needed services in connection with repairs to vehicle collision damage (including, but not limited to, furnishing parts, vehicle refinishing, body work, frame repair, and mmhanical repair) for Police Department vehicles, Street Department vehiqles, Sanitation Department vehicles, and Parks Department vehicles. Requests for Quotes were made October 16, 2023. Responses to said request are on file in the office of the Purchasing Department. The response of Contractor received October 30, 2023, to said request is attached hereto as "Exhibit A" which response consists of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. 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. With the exception of II' e vehicle parts to be provided by the City, 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; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2); and 3. 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 work. SECTION III. COMPENSATION City shall pay Contrac )r the rates described on the attached Exhibit A. Payments shall be made within thirty (30) days of each invoice date, which invoices are to be submitted by Contractor upon completion of the work on each vehicle submitted for services in accordance with this Agreement. Storage fees shall only apply if a submitted vehicle is totaled and left over ten (10) days with Contractor. Contract No. 197-2023 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall tr come effective as of January 1, 2024, and shall continue in effect until December 3 1, 2024. The City shall retain an option to renew this Agreement for the 2025 calendar year. 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 •ny 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 no 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. In the event of such termination, 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 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the result 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- Page 2 o f'6 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 $1,000,000 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 fom 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 compensatior 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 witli 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 In ana 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 Fired :) for the performance of work under this Agreement on account of race, religion, c lor, 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 3 of 6 ^ 4. That this Agreement may be canceled or terminated by the City and all money due or to 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, althou4h 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 media ion shall be required prior to the commencement of legal proceedings in said Courts. By executing his 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. [Signature page to follow.1 Page 5 of 6 In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall he construed as if drafted jointly by the parties, and no presumption or burden of proof shall 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 and year first written above, although signatures may be affixed on different dates. "CON'TRACTOR" "CITY" COUNTRYSIDE AUTO THE CITY OF RICHMOND, 2608 Union Pike INDIANA by and through its Richmond, Indiana, 47374 Board of Public Works and Safety Vicki Robinson, President C__------'' 2 -t) By: il -.-- Printed:?r ri Le ")v-,,,'-'i Emily Pal r, Member Title: t ,A, rve-(Z. By: - Matt Evans, Member Date: lid 20"I Date: 7- _fi-i& "CITY" "CITY" THE CITY OF RICHMOND, TI-IF CITY OF RICHMOND, INDIANA by and through its INDIANA by and through its Board of Parks and Recreation Board of Sanitary Commissioners ...._— 1"..........----- By By By: _ _ ......--Mike FoLy, President ue Miller President ilown4 Ujebt1,4r% ,— Date _______ : --) , 1( )/ * ---:---..,. .. - ____ ------Arnan Bakshi, Vice President ( .----„, APPROVED: i , -Evit1M. Sno Ma r G eg ib I ens, Member Date: f / Z-3_ Date: Page 6 of 6 CITY OF RICHMOND 7, 50 North Fifth Street Richmond, Indiana 47374 PRICE REQUEST (765) 983-7200 THIS IS NOT AN ORDER VENDOR INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is nut an order and thc City reserves the right to accept all or part, or decline the entire proposal. PleaSe complete your full name,address,and-phone numt*r-below with itemize all prices and charges where requested; and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS October 16,2023 October 30,2023 by 12:00 noon * DELIVERED UPON RECEIPT OF INVOICE QUANTITY CATALOG NO. DESCRIPTION UNIT PRICE TOTAL Vehicle Collision Damage Repair (see attached) Quotes may be mailed or brought to Purchasing in the City Building at 50 North 5th Street or emailed to Kara Noe at kmesslergrichmondindiana.gov PRICE REQUEST BY NAME OF FIRM QUOTING Ce)k....-0-r 761.1-e. VCiiA-lc..) KARA NOE PURCHASING MANAGER AUTHORIZED BY Bids are to be mailed or brought to the (e;t-A-r-t -141T1_,E Purchasing Department in the Richmond DATE (D14,41.1.3 Municipal Building at 50 North 5th Street. Phone No. -it- 371 State Tax Exemption No. 003121909-001 Y, E () Vehicle Collision Damage Repair City of Richmond The City of Richmond is seeking bids for vehicle collision damage repair of city owned vehicles for Park, Sanitation, Street, and Police departments. The successful bidder will be required to sign a contract with the City of Richmond. The contract period will be from 1-1-24 until 12-31-24, with the option to renew for the 2025 calendar year. Please include pricing for each of the following separately: 1) Part markup percentage 2) Vehicle refinishing per hour $ 3) Body work per hour 4) Frame repair per hour 5) Collision related mechanical repair per hour 6) Storage per day, if applicable Also, please include the following information with your bid: 1) A statement concerning the priority the City of Richmond vehicles would receive if awarded this bid. 2) Warranty/guarantee information. 3) Current certificate of insurance, naming the City of Richmond as the certificate holder. Please call Kara Noe at (765) 983-7214 or email to kmessler@richmondindiana.gov if you have any questions. All bids are due October 30, 2023 by 12:00 noon. Bids may be emailed to the email address above or mailed or brought to Purchasing, ATTN: Kara Noe, 50 North 5th Street, Richmond, IN 47374. No late bids will be accepted.