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Home My Public Portal About042-2014 - LifeStar Rescue - EMSPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this day of 2014, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Life Star Rescue, Inc., 1171 Production Drive, Van Wert, Ohio, 45891 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish two (2) Braun Signature Series Type III ambulances (hereinafter "Vehicles") for the City of Richmond Fire Department. Certain Bid Specifications dated February 6, 2014, have been made available for inspection by Contractor, is on file with the office of the Department of Purchasing, is 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 dated February 24, 2014, is attached hereto as Exhibit A, consists of one (1) page, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described vehicles. 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. 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. 42-2014 Page I of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on Contractor's February 27, 2014, Response (Exhibit A), provided that Contractor's total compensation shall not exceed Two Hundred Forty-seven Thousand Four Hundred Ninety-four Dollars and Zero Cents ($247,494.00) for purchase of the Vehicles pursuant to this Agreement. SECTION W. TERM OF AGREEM This Agreement shall become effective when signed by all parties. 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, 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 2 of 5 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 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 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 Indiana Code 5-16-6-1, the Contractor agrees: Page 3 of 5 I . 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 VIll. 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 IX. 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. Page 4 of 5 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: Anthony h/. Foster, II, Member Date: — APPROVEI--_�'� Sarah L. Hutton, Mayor Date: *-/ "CONTRACTOR" LIFE STAR RESCUE, INC. 1 171 Production Drive Van Wert, OH 45891 Printed: Title: Vt4 V- ( eiAe'ht, Date: Page 5 of 5 EXHIBIT J'\- 'PAGE' nAR FIESC:IJ E lfV . 1171 Production Dr. Van Wert, OH 45891 Phone: 419-238-1459 or 877-519-1459 * Fax: 419-238-1479 Tony Crum, Indiana Sales Representative, Phone 765-425-5920 www.lifestarrescue.com, email: tcrum(cllifestarrescue.com February 27, 2014 Purchasing Office City of Richmond 50 North 5ch Street Richmond, IN 47374 Life Star Rescue, Inc. and Braun Industries are pleased to submit the following proposal of new ambulances for your consideration. Two (2) Braun Signature Series Type III ambulances on a 2014 Ford E-350 Gas Price.........................................................................................$ 257,894.00 Less Ford FIN Rebate (if a valid number is supplied) ............................... - $ 10,400.00 Final Purchase Price......................................................................$ 247,494.00 Delivery time: 210 days from receipt of chassis and approved order Terms: cash on delivery and acceptance FOB: Richmond, Indiana Braun's exclusive SolidBody construction methods and over 30 years of manufacturing experience in the industry, provides a module that is lighter, stronger, and structurally warranted for the life, with no pro -ration. This construction technique gives our customers some of the highest payloads in the industry, as well the lowest centers of gravity, and much less chassis wear. Our construction methods provide a module that is remountable, time after time onto a new chassis, while still carrying the lifetime structural warranty. Life Star Rescue is the warranty repairs, service and remount facility of choice of Braun. Changes or additions to the vehicle may be made with the appropriate charges or credits applied to the aforementioned price. Life Star Rescue will honor this quote for sixty (60) days. Please feel free to give me a call at 765-425-5920 if any further information is needed. Respectfully, Tony dt( m Sales Representative Life Star Rescue, Inc. ATE A� CERTIFICATE OF LIABILITY INSURANCE D03/12/201IDD/Y4 03/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-524-0191 CONTACT Amanda Ma stone NAME: _ Mapstone Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX (AIC No Eztl: 407-563-3552 1AIr Nor. 407-370-3057 200 S. Orange Ave Suite 1350 Orlando, FL 32801 Peter Doyle INSURED Life Star Rescue, Inc 1171 Production Drive Van Wert, OR 45891 E-MAIL Jg• amanda mapstone@ajg.com com ADDRESS: — P INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: LIBERTY NUT FIRE INS CO 23035 INSURERB: AXIS SURPLUS INS CO.. '26620 INSURERC: LIBERTY INS CORP 42404 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 38780984 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1 POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY TB2-731-003850-073 09/01/13 09/01/14 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 350, 000 PREMISES (Ea occurrence) $ CLAIMS -MADE �_ __ _ OCCUR MED EXP (Any one person) - $ Notcovered T PERSONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 5,000,000 N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY �i PRO- I JECT LOC $ A AUTOMOBILE LIABILITY AS2-731-003850-333 ',. 09/01/13 1 1 COMBINED SINGLE LIMIT 1, 000, 000 LEa accident $ X BODILY INJURY $ ANY AUTO j (Per person) X ALL OWNED I SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED 1 FPROPERTY DAMAGE - -- $ HIRED AUTOS AUTOS 'i l Per accident) B UMBRELLA LIAB X OCCUR ', EAU747401012013 ICI 09/01/13 09/01/14 EACH OCCURRENCE $ 2,000,000 X EXCESSLIAB_ CLAIMS -MADE) _ AGGREGATE $ 2,000,000 - DED ' RETENTION $ $ C WORKERS COMPENSATION iWA7-73D-001709-373 09/01/13 09/01/14' X' WCSTATU- OTH-', ER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE NYPRRIETO j E.L.EAOCHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory ' ) N / A -- E.L. DISEASE - EA EMPLOYEE' $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) r"COTICIr`ATc Unl nGD rAA1(`I=1 I ATI()N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Richmond Fire Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 101 S. 5th St. AUTHORIZED REPRESENTATIVE Richmond, IN 47374 USA Peter Dgyde U19SS-1U1U AGUKU GUKPUKAI IUN. All rlgrlts reserVea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD amapstone �.1 — Lll ll,llV,' Vl - Li Vl V v. lr Qvlull rcpons) - t„ermicate Page 1 of 1 Bureau of Workers' Ohio Compensation 30 W. spring St. Columbus, OH 43215 Certificate of Premium Payment This certifies the employer listed below has paid into the Ohio State Insurance Fund as required by law. Therefore, the employer is entitled to the rights and benefits of the fund for the period specified. For more information, call 1-800-OHIOBWC. This certificate must be conspicuously posted. Policy No. and Employer Period Specified Below 1504013 ohiobwc.com LIFE STAR F 1171 PRODI VAN WERT, 01/01/2014 Thru 08/31/2014 Ad-- &J11- Ad:*gMWft f/ .CE0 You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Effective Oct. 13, 2004, Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol or a controlled substance not prescribed by the employee's physician is the proximate cause (main reason) of the work -related injury. The burden of proof is on the employee to prove the presence of alcohol or a controlled substance was not the proximate cause of the work -related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act. Bureau of Workers' Ohio I Compensation You must post this language with the certificate of premium payment. BWC-1629 7/7 https://www.bwe.ohio.gov/employerlservicesIPayroll/nlbwc/Certificate. aspx?txtCID=4077... 2/26/2014