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HomeMy Public PortalAbout160-2013 - Sanitary - Wetzel Ford - Ford F150ORIGINAL PURCHASE AGREEMENT THIS AGREEMENT trade and entered into this 12 a * day of oV G �� +C2 , 2013, 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 E. National Road, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) new 2014 Ford F 150 4X4 pick-up truck, delivered. A Request for Quotes containing certain Specifications sent out October 10, 2013, has been made available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, is attached hereto as Exhibit "A," consisting of two (2) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said vehicle conforming to the requirements outlined in the Specifications. Delivery of any vehicle that does not meet all specifications listed on "the Specifications" will be considered a breach of this Agreement. The response of Contractor to said Request for Quotes is attached hereto as Exhibit "B," which Exhibit is dated October 21, 2013, consisting of one (1) page (along with Contractor's responsive markings on Exhibit "A"), and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment, services, and warranties, and abide by all terms listed on Exhibits "A" and "B." 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/or warranties; 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 I1. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. SECTION 11I. COMPENSATION City shall pay Contractor the sum of Twenty -Eight Thousand Six Hundred Fifty -Two Dollars and Zero Cents ($28,652.00) for the above described vehicle, delivered. Contract No. 160-2013 Page 1 of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to 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. 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements Page 2of6 B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. Page 3 of 6 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. 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. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 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; 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 money 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. Page 4 of 6 SECTION X. 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 which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. 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 be 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. Page 5 of 6 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" "CONTRACTOR" THE CITY OF RICHMOND, WETZEL FORD INDIANA by and through its Board of Sanitary Commissioners By: By: Sue Miller, President p Printed name. - Title Date: l i 12 41 -!?�> Date: /J if L APPROV Sarah L. Hu on, ayor Date: l/ /--�o Page 6 of 6 o . u' rt R k aff OF MCC MOND D PMn EW OF SAMA'i'tON' 23$QL]BE#tTYAV$i+iUF, WCfWND 12DMA47374 PM'4E(765) 983.745€.FAX('b5)9bZ a&9 This Is a request for a price for the (services of materials Wetzel Ford/Chevy/Dodge/Hondadescribed below. Any additional. specifications may be .attached hereto.. This is NoT an order and the.City reserves: the rioht to accept all or part, or aecllne the entire proposal. 4A0 E. National Road. East Please complete your full name and hone number below • with signature, itemize all prices end charges. where Ricli ond,.1N 47374 requested; and'attach any explanation far any substitutlan to F specifications altered, Return In aseald envelope, in care. of iATTN. Brad Robinson itichmo �d Sanitary District 8aard of Commisslon$rs to E the admtn(stration bull at isle address above by the specl.Red date:and time to be cons ere .. A E: REPLY MU T 13E IN BY: s'AYMENT TERMS- al` ivmzy REQUIRED: act ber 1% 20.13 10M.A.,M on October22; 2013 UPON: RECEIPT OF'INVOICE DESCRIPTION s is a request for quoteshr otie: (1) 2013 .or newer /2 ton si e truok, Please see.attacb `I se include all warranty information with quote: E-Verify requirements and Indian :lawns w)ll apply to this quote, information enclosed. ,e trri the quote in a sealed envelope addressed to: 1210inond. Sanitary IiiWiCt Denise Johnson 2380 ](,'i6ertyAveuue Richmond, IN 47374 Re: V ton sito truck Wake.ModeltYear of truclf eing:ryuoted: r 1 U i uoted.Price Sul to Valid Until ct.� Pl se include this sheet acid any �V'�ranty Information with quote, Du stions :please ea11 Jeff L:obmoeller atI65 983. 7464 Preference EXHIBITS PAGE -J—OF a 0 Minimum Specifications for % Ton MMTP Truck The Richmond Sanitary District wishes to obtain one (1) 2013 or newer % Tan site to at the Waste Water Treatment Plant in Richmond Indiana. For additional Information, Lohmoeller at (765) 983-7464. Minimum Specifications Four Wheel Drive: 'YesNo Super Crew Cab (4 doors) '�CesNo V-6 Eco Boost or Equivalent: Yes No. Yes jNo, Power Steering. (2) Front Tow Hooks: Yes.VNq for ttse I Jeff Trailer tow PKG class IV trailer hitch receiver with a•7 & 4 straight pin wife hame , kiralce control not needed Yes No� Yes Ll Na-- AMIFM Stereo: Yes No power WindowslLocks: f No I Heater & Air Conditioning: Yes t/ YesJZ Noi— Tilt Wheel: Yes,,/ No Cnuse Control: N° Automatic Transmission: Yes Tinted Solar Glass: Yes—Z o- Spray -In Bed Liner (Black): Yes No Strobe LED bights (bide away mount in front grill): Yes lz No Strobe LET) Lights (into rear backups): -Yes—Z . o 17" Steel Rims with All Terrain Tires: Yes V No- Yes"No Wma ty Information Included: Yesf—/RioT— Owner Manual Included; Yes t/ No Ali Other Standard Options Included: EXHIBIT b PAGE a 4F P-R OPOSAL SHEE I 1/2 Ton Truck itatio d, India a Department of Saw n, Richmond, India Year, Brand and Model Number -, _F1 price of Unit Bid A Price Fqrm for How Long 'Cx Delivery estimate30 prIce to Ine1jidt g1l.sl lipping, handling, and got upcharges, To �e defiv, to Tile, Richmond. Waste WaterTreatmen.t Pla.ut:2380 Lib 6rty jl�vcnUe RichmondIndiana. Authorized SignatureDate: r n Contact Person {print),:_ Phoine4a6er, Company name EXHIBIT B PAGE I.OF_j -JO13 ' -206s-s-'