HomeMy Public PortalAbout006-2013 - Purchasing - Rosas - Office SuppliesPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this day of ^V ����� , 2013,
by and between the City of Richmond, Indiana, a municipal corporation acting by and through its
Board of Public Works and Safety (hereinafter referred to as the "City") and Rosa's Office Plus, 20
South I I' Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor as the City's office supply vendor during the 2013 calendar year. The
City will purchase office supplies from Contractor on an as -needed basis.
A Request for Quotes dated December 3, 2012, has been made available for inspection by
Contractor, is on file with the Director of Purchasing, is hereby incorporated by reference, and made
a part of this Agreement.
Contractor's response to said Request for Quotes is dated December 11, 2012, is attached hereto as
Exhibit A, which Exhibit contains three (3) pages, is on file with the Director of Purchasing, and is
hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by
the same. Contractor agrees that any and all supplies ordered or purchased by City (on an as -needed
basis) during the 2013 calendar year shall be given the "favored customer pricing" discount as
described and quoted in Exhibit A during the entirety of the 2013 calendar year. Contractor agrees
that delivery is free and there will not be any freight or fuel surcharges.
The Contractor shall furnish all labor material, equipment, and services necessary for and incidental
to the proper completion of this Purchase Agreement.
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.
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
2. A purchase order has been issued by the Purchasing Department.
SECTION 11. 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
completion of this Purchase Agreement.
Contract No. 6-2013
SECTION Ill. COMPENSATION
City will pay Contractor the quote amounts described on Contractor's December 11, 2012, Response
(Exhibit A) at such time that City orders office supplies during the 2013 calendar year. The prices
charged during the 2013 calendar year shall not exceed the prices quoted on Exhibit A. Contractor
agrees that delivery is free and there will not be any freight or fuel surcharges.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective January 1, 2013, and shall continue in effect until December
31, 2013.
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 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 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 effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be 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.
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.
Coveraee
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C.
Q
Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 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 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. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-4-1- l 0, 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:
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 monies 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 VIII. IRAN 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 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 5-22-16.5. 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 be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
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.
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 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.
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
Public Works and Safety
By:
Vicki Robinson, President
By:
Dian awson, Member
By: `'
*Anthonyoster, II, Member
Date:
APPROVED:
Sarah L. Hutton, Mayor
Date: 1111111"g-
"CONTRACTOR"
ROSA'S OFFICE PLUS
20 South 11 th Street
Richmond, IN 47374
By:
Title:
Date:
2012-12.12 09:01 Rosa's Office Plus
ROOOff"Ice
"&
December 11, 2012
City of Richmond
Re: Office Products 2012 Bid
Attention: Vicki Robinson
We are please to quote the following Office Products, See page two (2).
1 >> 7659837212 P 1/3
20 South 11th Street Richmond, IN 47374
(765) 962-5543
Fax (765) 962-3178
Foil free 1-800-382-7788
Prices are good until December 31, 2013, Normal lead time is 1 business day, Rosa's Office Plus will deliver to each City
location and departments on Rosa's company trucks. Delivery is free and will not Incur any freight or fuel surcharges.
As in the past, Rosa's Office Pius will provide a quantity of catalogs for all City Department as needed and requested. Pricing in
the catalog will be Lined -out List to allow Rosa's to utilize buying power and offer online our best pricing.
We have bid as you requested brand name items when noted on the quote request. The balance of items are our best priced
high duality Items made for our private brand "Universal". All other items the City of Richmond purchases that is not on this
core list will receive our favored customer pricing.
A few of the Items we cannot get in the unit of measure requested, We priced our available unit of measure and made notes
for each exception.
Thank you for the opportunity to quote the City of Richmond, if you have any questions about our brands, products or if you
would like to see samples, please feel free to contact myself or Don Moore.
Sincerely,
V
John Hauptstueck
President
EXHIBIT PAGE �OFTJ
www.rosasop.com
-A mood Neighbor Since 1947 !
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2012-12712 09:01 Rosa's Office Plus
offulce
December 11, 2012
City of Richmond
Attention, Vicki Robinson
Re: claim Local Bidder Preference
Dear Vicki,
1 >> 7659837212 P 3/3
20 South 11th Street Richmond, IN 47374
(765) 962-5543
Fax (765) 962-3178
Toll Free 1-500-382-7788
Rosa's Office Plus hereby claims consideration of IC 5-22.15-20,9, We ask that our bid responses attached with this claims to be
treated with respect of the above mentioned Section which was written to apply to contracts awarded by a political subdivision.
Office Ventures Inc, dba: Rosa's Office Plus hereby claims the preference provided in this above mentioned section based on the
following guidelines;
A, The location of our business principal place of business is 20 South 11`h Street, Richmond, Indiana 47374. Being located
in downtown Richmond with a 20,000 sq/ft facllity qualifies our operation as a local establishment.
B. Yearly payroll made to employees living in Richmond and Wayne County is the majority of our payroll and exceeds
$400,000.
C, Rosa's Office Plus employees 22 full time and 1 part time employees; of whom 14 live within Richmond and Wayne
County.
D. Over the past 6 years Rosa's Office Plus has made over $7S0,000 in capital Investments In trucks, and materlai handling
equipment, and computer system upgrades for our Richmond facility.
E, Over the past 6 years Rosa's Office Plus has made substantial positive economic impact for both Richmond and Wayne
County, increasing employment to 22, doubling sales revenue which in turn Increased our tax base and responsibility.
Additionally we have partnered with 2 other local businesses as sub -contractors providing an even greater effect to
helping keep business within our City and County,
The Above Section provides the following price preferences for supplies purchased from a local Indiana business:
1. hive percent (5%) for a purchase expected by the purchasing agency to be less than fifty thousand dollars (S50,000).
2. Three percent (3%) for a purchase expected by the purchasing agency to be at least fifty thousand dollars ($50,000) but
less than one hundred thousand dollars ($100,000).
3. One percent (1%) for a purchase expected by the purchasing agency to be at least one ]hundred thousand dollars
($100,000).
If you have any questions concerning IC 5-22.15-20.9 which was sponsored by the Wayne County Chamber of Commerce and
supported by many of our local businesses, please feet free to call me, the Chamber or the City Attorney, Thank you for your kind
consideration and for buying local.
Sincerely,
14
President EXHIBIT PAGE OF
www.rosasop.com
Amazingly advanced. Uniquely local.
2012-12-12 09:01 Rosa's Office PEus
1 >>
7659837212 P 2/3
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