Hood’s Gardens, Inc/Street/20,500/Hanging BasketsHood's ciardens, Inc.
Street Department - 2018
Appropriation #42-390.34 P.O. #102148
Contract Not To Exceed $20,500.00�"I
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its
Board of Public Works and Safety ("City"), and Hood's Gardens, Inc., an entity duly
authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 42-390.34 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Twenty Thousand Five Hundred Dollars ($20,500.00) (the "Estimate"). Vendor
shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and
Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same,
so long as and to the extent such Goods and Services are not disputed, are in conformance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from
defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's
stated use and are fit and sufficient for their particular purpose.
TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
[S^.Contracts\Prof.S— & Goods Sv&Str«t\2018\1food's Gardens Inc. Good and Services.doc: 12/52018 10:30 AM1
Hooa's liaruens, Inc.
Street Department - 2018
Appropriation #42-390.34 P.O. #102148
Contract Not To Exceed $20,500.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
[SAContreals\Prof.S-s & Goad Sva\Str=A2018V1ood's Gerdes. Inc Goods and Savi—doe: 12/5/2018 10:30 AM
2
Hood's Gardens, Inc.
Street Department - 2018
Appropriation #42-390.34 P.O. #102148
Contract Not To Exceed $20,500.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E -VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E -Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly -hired employees using the E -Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E -verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E -Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E -Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E -Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E -Verify Law. The requirements of this paragraph shall not apply should the E -
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such parry to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON -ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
ts:rwtr,Ms\Prorsva & Goods svcs\SU=A201Mood's Gwd� Inc. Goods and servlar.da:126rz01810:30 .+cin
Hood's Hardens, Inc.
Street Department - 2018
Appropriation #42-390.34 P.O. #102148
Contract Not To Exceed $20,500.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
Street Department
3400 W 131 st Street
Carmel, IN 46074
If to Vendor: Hood's Gardens, Inc.
11644 Greenfield Ave
Noblesville, IN 46060
AND Douglas C. Haney,
Corporation Counsel
Department of Law
One Civic Square
Carmel, Indiana 46032
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
1SAContracts\PcOESvcs & Goods Sv kStreet12018V{ood's Gardens, Inc. Gaol and S—ias.doc: 12/52018 10:30 An
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Street Department - 2018
Appropriation #42-390.34 P.O. # 102148
Contract Not To Exceed $20,500.00
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA Hood's Gardens, Inc.
by and through its Board of Public
Works and Safety
By: By:
Ja es Brainard, Presiding Officer Authortfed Signature
Date: _
k�� Z-,t�L ft
Printed Name
Mary Anurke�f�e ber
Date: �i ��, : �� r
Title
Lori S.W tso e ber
Date: r J1 t 9 r
1S.icc.or,wwoLsrw h coed+ s.W�wenuolawnea. Grdees, lac. Go.& -d Smw dw:1215MI8 1030 AMI
6
FID/TIN: _ 35 -Iq6 io,::,g 1c.,
Last Four of SSN if Sole Proprietor:
Date: 12 / 7 /,,2 C,, (,0,
QUOTE TOTAL FOR 2019 HANGING BASKETS
COMPANY NAME Hood's Gardens
THIS IS TO BE THE FIRST PAGE OF ENTIRE, QUOTE.
Exhibit
-A—
I b�z
T
TOTAL
2019 HANGING BASKETS
� � D' 13co o0
COMPANY NAME Hood's Gardens
THIS IS TO BE THE FIRST PAGE OF ENTIRE, QUOTE.
Exhibit
-A—
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T
J,J Mood's
Gardens
J
City of Carmel - Street Department
Spring 2019 Hanging Basket Order City of Carmel
3400 W 131 st Street
Carmel, IN 46074
1 -Nov -18
Mike Wieczorek
Mike@hoodsgardens.com
317.773.6015
Item Amount Cost Each Total
16" Weekender Hanging Baskets 800 $19.25 $15,400.00
8 Plants - 4 Geranium Ivy Blizzard Red, 4 Geranium Ivy Blizzard White
16" Weekender Hanging Baskets 75 $18.00 $1,350.00
8 Plants - 3 Silver Falls Dichondra, 5 Begonia Dragon Wing Pink
16" Weekender Hanging Baskets 5 $19.25 $96.25
8 Plants - 2 Lantana Bandana White, 3 Lantana Bandana Yellow, 3 Geranium Blizzard White
16" Weekender Hanging Baskets 5 $19.25 $96.25
9 Plants - 3 Dichondra Emerald Falls, 2 each Calibrachoa Amethyst, Yellow, Coral
16" Weekender Hanging Baskets 5 $19.25 $96.25
8 Plants - 3 Geranium Blizzard White, 5 Angelonia Carita Purple
16" Weekender Hanging Baskets 5 $23.00 $115.00
9 Plants - Mandina Mandevilla - 2 Pink, 2 Deep Red, 2 Coral Pink, 3 Dichondra Emerald Falls
16" Weekender Hanging Baskets 5 $19.25 $96.25
8 Plants - Verbena Obsession, 4 Apricot, 4 Cascade Twister Violet
28" Wrap Around Hanging Baskets 40 $36.00 $1,440.00
12 Plants - 6 Geranium Blizzard Red, 6 Geranium Blizzard White
28" Wire Baskets 34 $45.00 $1,530.00
14 Plants 6 Geranium Blizzard Red, 6 Geranium Blizzard White
4 Dichondra Silver Falls
Included in Basket Cost:
Cleaning and Sanitizing Basket Liners
Installing new moisture wicks
Fresh Fertilizer before shipping Total Baskets
$20,220.00
Delivery
4 $70.00 $280.00
Total Cost
$20,500.00
Hood's Gardens - 11644 Greenfield Ave, Noblesville, IN 46060 - 317.773.6015
Exhibit--A--
2c,'�
xhibit2c,'�
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No..
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
Goods
Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
(Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Employer's Liability:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Bodily Injury by Accident/Disease:
Property damage, contractual liability,
products -completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (any one fire):
Medical Expense Limit (any one person):
Statutory Limits
$100,000 each employee
$250,000 each accident
$500,000 policy limit
$500,000
$500,000
$500,000
$250,000
$250,000
$ 50,000
Comprehensive Auto Liability (owned, hired and non -owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
E -Verify Affidavit
Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is
required to enroll in and verify the work eligibility status of all its newly hired employees through
the E -Verify program. The Contractor is not required to verify the work eligibility status of all its
newly hired employees through the E -Verify program if the E -Verify program no longer exists.
The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the
Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that,
prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees
to verify the work eligibility status of all its newly hired employees through the E -Verify program.
(Contractor):
By (Written Signature):
(Printed Name):
(Title): G LIJ h 191. ---
Important - Notary Signature and Seal Required in the Space Below
STATE OF I nGi 100 a
L SS:
COUNTY OF f lGl l `I
Subscribed and sworn to before me this ` tLh day of �)�Mlof r ,
2011 .
My commission expires: rj (Signed) L
Residing in County, State of 1 {old 'I C1 Ana
`!'ic'Ky Webb, Notary Public
;> iA iiton County,
State of Indiana
' S?'vty Commission Expires
n,7 + 2025
•"� 1 I �1 u� MN �@
T
t
City Of CaTM(eINDIANA RETAIL TAX EXEMPT
�II'll CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE 35-6000972
CARMEL, INDIANA 46032-2584
:ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED I REQUISITION NO. VENDOR NO.
11/26/2018 353541
HOODS GARDENS INC
VENDOR 11644 GREENFIELD AVENUE
NOBLESVILLE, IN 46060 -
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS
31247
QUANTITY I UNIT OF MEASURE DESCRIPTION
Department: 2201 Fund: 2201 Motor Vehicle Highway FND
Account: 42-390.34
1 Each Hanging Baskets
Send Invoice To:
Street Department
Page 1 of 1
PURCHASE ORDER NUMBER
102148
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Hanging Baskets
Street Department
SHIP 3400 W. 131st Street
TO Carmel, IN 46074-
G�OFCgA�
0
(317) 733-2001
FREIGHT
UNIT PRICE
$20,500.00
Sub Total
EXTENSION
$20,500.00
$20,500.00
3400 W. 131st Street
Carmel, IN 46074-� l'�
(317) 733-2001 PLEASE INVOICE IN DUPLICATE
DEPARTMENT I ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $20,500.00
SHIPPING INSTRUCTIONS `AIPVOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
'C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL _ r7
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Dave Huffman James Crider
TITLE Director Administration
CONTROL N0. 102148 CLERK -TREASURER