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HomeMy Public PortalAbout127-2013 - Sanitary - Advantage Ford Lincoln - Ford F150 Crew CabPURCHASE AGREEMENT THUS AGREEMENT made and entered into this 23 day of NCe m 3, — , 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 Advantage Ford Lincoln, Inc., 2350 Park Road, Connersville, Indiana 47331 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) 2014 Ford 17150 4X4 Supercrew cab truck, delivered. A Request for Quotes containing certain Specifications sent out July 15, 2013, has been made available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said truck conforming to the requirements outlined in the Specifications. Delivery of any equipment 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 "A," which Exhibit is dated August 9, 2013, consisting of three (3) pages, 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 Exhibit "A." Contractor shall not modify or alter any standard warranty from the manufacturer of the above described vehicle or equipment. 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. 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. Contract No. 127-2013 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor the sum of Twenty -Seven Thousand Eight Hundred Seventeen Dollars and Zero Cents ($27,817.00) for the above described truck, delivered. 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 terra of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at Ieast 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 Page 2 of 6 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 $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 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 $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 sball, 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 Page 3 of 6 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. SECTION VIII. MAN 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 1X. 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; 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 4 of 6 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. 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 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 fall 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" THE CITY OF RICHMOND, INDLANA by and through its Board of Sanitary Commissioners By: Y-/���� SuVMiller, President Date: Z� Lsoz),?- APPROVEa-=. �, Sarah L. Hutton, Mayor Date: "CONTRACTOR" ADVANTAGE FORD LINCOLN, INC. Panted name: Title 1 Page 6 of 6 ONGP530 VEHICLE --ORDER CONFIRMATION 07/24/13 09:14:57 201.q F-150 Order No: 0001 Priority: J2 Ord FIN: QS029 Ord PEP: 100A Cust/Fit Name: RICHMOND Dealer: F47779 Page: 1 of 1 Order Type: 5B Price Level: 345 PO Number: W1Ev F150 4X4 CREW 36 GAL TANK 145" WHEELBASE 50S/ CRUISE CONTROL YZ, OXFORD WHITE 535• TRAILER TOW PKG A VINYL 40/20/40 96W- "SPRAY- IN LINER S STEEL GRAY INT SP DLR ACCT ADJ 100A EQUIP GRP SP FLT ACCT CR .XL SERIES FUEL CHARGE .AM/FM RADIO B4A NET INV FLT OPT .17" GREY STEEL PRICED DORA 99T= ECO 3.5L V6 ENG DEST AND DELIV 446• ELEC f-SPD ALTO TOTAL BASE AND OPTIONS P265 OWL A/T TOTAL XH9 3.55 LTD SLIP *THIS IS'NOT AN INVOICE* 7200# GVWR SLCT SHFT TRANS F1=Help F2=Return to Order F3/F12=Veh Ord Meng F4=Submit I<5=Add to Library S099 - PRESS F4 TO SUBMIT QC03347 E-Verify Requirements: Definitions: E-Verify Program — A electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV,s.403 (a), as amended, operated by the United States Department of Homeland Security or successor work authorization program designated by the United States Depart of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and control Act of 1986 (P.L. 99-603). 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. R R Z ■ 1 ■ ■ f ■ E' ■ ■ r ■ R ■ ■ R ■ ■ t ■ ■ ORAN R i ■ ■ R i ■ ■ ■ R ■ R ■ 1 ■ R ■ R ■ ■ ! ■.■ ■ ■ ! ■ ■ ■ERR R ■ R ■ R R R R Knoll" MANOR ERNMENNE COMPLIANCE WITH INDIANA E-VERY 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 the 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 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation no later than thirty (30) days after the City notifies the Contractor of the violation. If the 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. Indiana Local Preference Claim: Definitions: Affected County — Wayne County or an adjacent county. Local Indiana Business — A business whose principal place of business is in an Affected County; a business that pays a majority of its payroll (in dollar volume) to residents of Affected Counties; or a business that employees residents of Affected Counties as a majority of its employees. Local Preference Documentation If the Bidder is claiming local preference as defined by Indiana Code 5-22-15-20.9, it shall include such claim with its Bid. In addition the Bidder shall submit, as a Post -Bid submittal, all documentation required by the Local Indiana Preference form. If the Bidder is a Joint Venture and is claiming local preference pursuant to Indiana Code 5-22-15-20.9, the Bidder shall submit all post bid documentation as required by the Post -Bid submittals. In determining whether the Joint Venture qualifies as a Local Indiana Business, as defined by Indiana Code 5-22-15-20.9, the Owner will evaluate the Joint Venture by combining each business's total payroll, payroll paid to residents of Affected Counties, total number of employees, and total number of employees who are residents of Affected Counties. Further, each part of the Joint Venture shall submit the location of it's principal place of business will be a consideration in whether the Joint Venture qualifies as a local Indiana business. The Owner will determine whether the Joint Venture qualifies as a Local Indiana business. The total overall Joint Venture must qualify as a Local Indiana Business to receive the local preference as defined in Indiana Code 5-22-15-20.9. Subject to Indiana Code 5-22-15-20.9, award of the Contract.will be made to the lowest, responsive and responsible Bidder, where the Bid is reasonable and does not exceed the funds available for the project. The Owner reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. INDUNA 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,V7CC6 (Name of Business) ] �� Claims a local Indiana business preference for the bid for Project G if 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) K-1. The location of the Business's principal place of business is: A) in Wayne County, or B) in an adjacent county ❑ 2. The majority of the business's payroll, for the previous twelve (12) months from the date of this Bid, is to residents in Wayne or an adjacent county. ❑ 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), to substantiate the claim of a local Indiana business. POST BID SUBAHTTAL Local Indiana Business Preference Pursuant to the City of Richmond Bidding and Contract Requirements, this application for the Iocal Indiana business, pursuant to Indiana Code section 5-22-15-20.9, is hereby submitted for the Project listed below by Bidder/Applicant (hereinafter Bidder). (Us' a additional sheets if necessary.) Date Bid Submitted: Project Number: Project Name: { Bidder: Nt\, n"(\ka r, n 77" --A i `T`,nr Contact Name: Phone Number: Principal Place of Business: aaq�_) � %ntltiol Tn1� 1 Number of Months Address has been Principal Place of Business: @,-) 's Number of all Employees for the twelve (12) months prior to the date of Bid submission:61 Number of Employees who were residents of Affected Counties for the twelve (12) months prior to the date of Bide submission: 1. If the Bidder claims it is a local Indiana business because the Bidder's principal place of business is in Wayne County or an adjacent county, give a statement explaining the reasons the business considers the location named as the bus' ess's principal place of business: An d(A0, ,' C n i V\ CrnoavSu1l i2 2. in order to claim local preference pursuant to Indiana Code section 5-22-15-20.9, the Bidder must supply below its total payroll and the amount of the business's payroll paid t residents of Affected Counties for the previous twelve (12) months :from the date of the Bid. a. Total Amount of payroll paid to all employees of Bidder in the previous twelve (12) months from the date of the Bid: $ Wq tOT-4. "6'1 b. Total Amount of payroll paid to residents of affet-,ted counties for the previous twelve (12) months from the date of the Bid: LO LA � Bidder shall supply supporting payroll records sufficient for Owner to establish the above representations. When supplying supporting records, Bidder shall redact all Social Security Numbers Affidavit of Employment Eligibility Verification The Contractor, _Aby km&r 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 not knowingly employed or contracted with an unauthorized alien. and stealI not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Purst€ant to Indiana Code -22-5-1.7, Contractor has enrolled in and verified the work5eligibility 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 and is participating. in the E-Verify program. The Contractor will maintain this certification throughout ilia 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 Lmday of f ; 20f ignature) (printed name) BM