HomeMy Public PortalAbout131--2005 jw.devers.contract.10.4PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this _13th day of _September, 2005 and referred to as
Contract No. 131-2005 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
J.W. Devers & Son, 5 North Broadway, Trotwood, Ohio, 45426 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide one hundred fifty six (156) three (3) cubic yard containers
for trash collection.
Certain Bid Specifications dated July 28, 2005, have been made available for inspection by
Contractor, are on file in the offices of the Director of Purchasing for the City and the Richmond
Sanitary District, and are hereby incorporated by reference and made a part of this Agreement.
Contractor agrees to abide by the same.
The response of Contractor to said Bid Specifications is attached hereto as Exhibit A, which Exhibit
is dated August 19, 2005, consists of one (1) page, and is also hereby incorporated by reference and
made a part of this Agreement.
Delivery of any trash container that does not meet all specifications listed on "the Bid Specifications"
will be considered a breach of this Agreement.
Contractor shall not modify or alter any standard warranty from the manufacturer of the above
described trash container. 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 warranty.
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 any incidental
to the proper completion of all work specified.
No work shall commence until the City is in receipt of any required bonds and certificates of
insurance, and until 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.
Contract No. 131-2005
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SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Seventy Four Thousand Five Hundred Sixty Eight
Dollars and No Cents ($74,568.00) for complete and satisfactory performance of the work required
herein.
SECTION IV. PROHIBITION AGAINST DISCRIMINATION
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.
SECTION V. 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
assignment or delegation 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. Both
parties expressly agree that this document supersedes all previous negotiations, discussions, or
conversations relating to the subject matter 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
under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped
from bringing any action in alternative courts or venues. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne
County Circuit or Superior Court.
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.
In the event that an ambiguity or 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 shall arise favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions
shall remain in full force and effect.
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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.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its Board of
Sanitary Commissioners
S/S Rodney_ A. Phems
, President
Date: October 5, 2005
APPROVED: Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: October 5, 2005
"CONTRACTOR"
J.W. Devers & Sons
5 North Broadway
Trotwood, OH 45423
By: S/S
Title
Date: October 11. 2005
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