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Home My Public Portal About115-2014 - Air Gas USA - park maintenancer- AGREEMENT THIS PURCHASE AGREEMENT made and entered into thiz2Zday of 014, by and between the City of Richmond, Indiana, a municipal corporation acting b and through its Board of Parks and Recreation (hereinafter referred to as the "City") and Airgas USA, LLC, 1440 NW I Ph Street, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to provide services in connection with refilling three (3) tank cylinders (acetylene, argon, and oxygen industrial gas tanks) and provide tank cylinder lease rentals for the Park Maintenance premises for the City of Richmond Parks Department. An Invitation to Quote dated July 14, 2014, has been made available for inspection by Contractor, is on file with 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 July 14, 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. Contractor shall provide all equipment and services listed on Exhibit A. 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/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. 4. 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. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. Contract No. 115-2014 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Ninety-eight Dollars Zero Cents ($98.00) per cylinder, which cost is a total amount not to exceed Two Hundred Ninety-four Dollars and Zero Cents ($294.00). SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect for the duration of the five (5) year tank cylinder lease. 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. Page 2 of 5 J Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. 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. 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. Page 3 of 5 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. Page 4 of 5 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 William Thistlethwaithe, Superintendent Date: r -- APPROVED: / J Sarah L. Hutton, Mayor Date: 91,,1gt"t1 ZV "CONTRACTOR" AIRGAS USA, LLC 1440 NW 1 lth Street Richmond, IN 47374 By: Printed: '-De 661 D r Title: /1 '9 "A 6 6;P,- Date: J Page 5 of 5 ` EXHIBIT PAGE OF AV 0711412014 12:57:00 PM EDT AIRGAS USA, LLC 1440 NW 11TH ST RICHMOND IN 47374-1469 Phone: 765-966-2644 Airgas', Fax :765-966.3944 Quote For: 1427463 RICHMOND PARK DEPT MAINTENANCE BLDG 50N5THST RICHMOND IN 47374-4247 Phone: 765-983-7275 Sold To: 1453442 RICHMOND PARK DEPT MAINTENANCE BUILDING 50 N 5TH ST RICHMOND IN 473744247 Phone: 765-983-7275 1of1 QUOTATION Quote No. 2003032458 Date 07/14/2014 Created By Deborah Pryor PO Number PO Date 00000000 Release Number Item Part No. Description Order Qty Ulm Unit Price Currency Ext Price Customer Part No. Customer Description Plant Vol 10 AC 4N30D ACETYLENE SIZE 4 CGA 300 1.00 CL 40.00 /CL USD 40.00 ACETYLENE IND #4 CGA 3D0 N070 132.00 20 AR CD20125 ARGON 80 CD 20 SIZE 125 CGA 580 1.00 CL 30.00 /CL USD 30.00 INM 20 % CD/AR 100 N070 135.00 OXYGEN INDUSTRIAL SIZE 125 CGA 1.00 CL 12.00 /CL USD 12.00 30 OX 125 540 OXYGEN IND 125 CG 540 N070 127.00 OXYGEN INDUSTRIAL SIZE 200 CGA 1.00 CL 16.00 /CL USD 16.00 40 OX 200 640 OXYGEN INDUSTRIAL 200 CGA 640 N070 251.00 PLEASE REFER TO THIS QUOTATION WHEN ORDERING. Terms and pricing are valid for a limited time only. MATERIAL PRICING ONLY. SURCHARGES, TAXES & FREIGHT MAY NOT BE INCLUDED. Comments : Quote Amount: 98.00 Sates Tax: 0.00 Quote Total : 98.00 lei Cash R e c e i p t Operator JENNIFER PENNINGTON Receipt # 69824 Total $463.00 Date 09/08/14 Received From CITY OF RICHMOND CLERK DEPT Source of Income 09/05/14 Account # /Description Amount Customer # Ref # Check # 604.56.056.056.760.5800 $30.00 0 0 0 PRKNG FINES 66969,66970,66972 605.57.057.057.755.5401 $43.00 0 0 0 FULL FARE 47344 605.57.057.057.755.5401 $350.00 0 0 0 DISC FARE 47335-47343 101.10.100.000.760.5811 $20.00 0 0 0 ALARM PRMTS 47255,47257 101.10.100.000.760.5800 $20.00 0 0 0 PARKING 66971,66973