The URL can be used to link to this page

Home My Public Portal About052-2014 - Professional Golf Car - new carsPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this 1_2 day of , 2014, by and between the City of Richmond, Indiana, a municipal corporation acting by ao through its Board of Parks and Recreation (hereinafter referred to as the "City") and Professional Golfcar Corporation, P.O. Box 250, Bloomington, Indiana, 47402 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish twenty-four (24) new 2014 E-Z-GO Electric Golf Carts (hereinafter "Vehicles") for the City of Richmond Parks Department. An Invitation to Quote dated March 20, 2014, has been made available for inspection by Contractor, is on file with the Director of Purchasing and the Director of the Parks Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's response to said Invitation to Quote is dated March 31, 2014, is attached hereto as Exhibit A, which Exhibit consists of one (1) page, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained in Exhibit A. Delivery of any vehicles that do not meet all specifications listed on Exhibit "A" will be considered a breach of this Agreement. 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 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. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. Contract No. 52-2014 SECTION II1. COMPENSATION City shall pay Contractor the quote amount described on Contractor's Quote (Exhibit A), provided that Contractor's total compensation shall not exceed Eighty-eight Thousand Six Hundred Dollars and Zero Cents ($88,600.00) for purchase of the Vehicles pursuant to this Agreement. City is partially financing the purchase of the Vehicles through a financial banking institution and the partial payment of Sixty-eight Thousand Six Hundred Dollars and Zero Cents ($68,600.00) for the Vehicles shall be accepted by Contractor from the financial banking institution as a partial payment on City's behalf. The payment of the above sum from the financial banking institution and the payment of the remaining balance payable by the City to Contractor shall constitute payment in full of the above -referenced total compensation amount. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance of all twenty-four (24) Vehicles. Delivery of the Vehicles shall be complete on or before May 16, 2014. 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. Coverage A. Worker's Compensation & Disability Requirements 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 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. 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 VIII. 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: 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 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. TOM Ro 80x 20 Sogmington, IN 41402 812.822,1750 Tall Free 800,742.4064 w ,Ncez.cam Fax $12 822,1745 March ' ) 1, 2014 HIGHLAND LAKE GOLF COURSE 24 NEW 2014 E-Z-GO TXT 48 ELECTRIC GOLF CARS EQUIPPED TO BID SPECIFICATIONS: NEW 6-8 VOLT HEAVY DUTY TROJAN BATTERIES • POWERWISE QE CHARGER WITH RANDOM EQUALIZATION CHARGE FOR LONGER BATTERY LIFE • TRUCOURSE TECHNOLOGY PROVIDES GREATER PERFORMANCE CUSTOMIZATION (SPEED, BRAKE, AND ACCELERATION SETTINGS) SLIP RESISTANT FLOOR MAT ENHANCED REGENERATIVE BRAKING FOR INCREASED BATTERY LIFE • SELF-ADJUSTING DUAL REAR WHEEL BRAKES • SELF -COMPENSATING HILL BRAKE • BODY COLOR CHOICE (HUNTER GREEN OR CHAMPAGNE) • SEAT COLOR CHOICE (TAN OR OYSTER) • SUN CANOPY COLOR CHOICE (TAN OR OYSTER) • CENTER SWEATER BASKET • BAGWELL LINER • IDENTIFICATION NUMBERS (2 PER CAR) • WHEEL COVERS • SINGLE POINT BATTERY FILL SYSTEM PRICE PER CAR: $4,025.00 TOTAL (24) CARS: $%,600-00 less the trade of the following: 16 — 2003 Yamaha electric golf cars complete with one working charger per car and in proper running order @ $500.00 .. . ....................... ......... $8,000.00 NET DIFFERENCE: $88,600.00 CONDITIONS • Subject to all ,rate or federal taxes where applicable. • Seller agrees to expedite this order but cannot be held liable for delays or conditions beyond their control. Title for the equipment remains vested with J,,e seller until paid for in full by cash. • New equipment sold subject 10 manufacturers standard warranty. Used equipment sold subject to an as is and where i.,3- c-andition. No other warranty expressed or implied is valid unless so written hereon. Seller is not liable for any claims dte 10 loss Of USO of the equipment for any reasons whatsoever. Seller is not liable for any personal injury or property damage claims result- ing from the use or attributed to the equipment. • Written acceptance of this proposal creates a binding agreement and 'accepting company' agrees to pay any attorney fees incurred to enforce this agreement. ACCEPTED: Company: sy.................. Title: Date : 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 Parks and Recreation Date: J ` — % ? APPROVED:,- --Sarah L. Hutton, Mayor Date: "CONTRACTOR" PROFESSIONAL GOLFCAR CORP. P.O. Box 250 Bloomington, IN 47402 Printed: p �E Title: ?Y- lneA Date: 15119 -- I �