Donley Safety/Addl Serv/Fire/366,590/two addl ambulances Donley Associates, inc.
Fire Dept. 2012
Contract Not To Exceed $366,590.00
ADDITIONAL SERVICES AMENDMENT TO �QQ�t,,
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and
between the City of Carmel and Donley Associates, Inc. (the "Vendor"), as City Contract 06.02.10.06 shall amend
the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of
Work attached hereto and incorporated herein as Exhibit "A The terms and conditions of the Agreement shall not
otherwise be affected by this Additional Services Amendment and shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows:
CITY OF CARMEL, INDIANA DONLEY ASSOCIATES, INC.
by and through its Board of Public
Works and Safety
By: By:
/D ames Bra_i A ard, Pr ssid' Officer Authorize Signature
Date:
01111 'C' L 51�
Al 1 3 10/ Printed Name
ary n Burke, ember
Date. '26.5;
Title
Lori S. Wats• m r FIIN: 5s-1569 S J- 3
Date: f
DI
Last Four of SSN if Sole Proprietor:
ATTEST:
J__—,t.d 0 a
Date: i A c rt 27) 2o12__
liana Cordray, IAMC, C reasurer
Date:
(NSssrappsWog Da AdmmSLA WkfiaidlPmfSva Goods Svcs1DOWLEY ASSOCIATES Addl Svcs Amend 2rnrC:3R1F012 3:IS PMj
ADDENDUM
"Exhibit A"
This Addendum is made to the noted sections of City Contract "##06.02.10.06, between
Donley Associates, Inc., 5546 Elmwood Court, Indianapolis, IN 46203, "Company",) and The
City of Caravel, 1 Civic Square Carmel, Indiana 46032, "City"), and is incorporated therein by
reference.
In consideration of the mutual promises, covenants and conditions of the parties contained
in the Agreement and herein, the sufficiency of which is hereby acknowledged, the parties agree
that the terms of the Agreement are amended, modified and supplemented, as follows, and cannot
be further amended without a subsequent written Addendum:
1. Purchase. The Company agrees to sell, and the City agrees to purchase, Two (2) 2012
Horton 623 -1 -WT Ambulance and Equipment "Apparatus described in the Company's Proposal
and the Specifications attached hereto and hereby incorporated by reference as "Exhibit B all in
accordance with the terms and conditions of the original Agreement. Changes to the Specifications
attached hereto will only be executed by the Company if documented by a Change Order signed by
both parties. In the event of any conflict between the Company's Proposal and the City's
Specifications, the Company's proposal shall prevail.
2. Delivery. The Apparatus shall be delivered to the Company's staging area, delivered
by the Company unless otherwise directed for pick -up by the City, F.O.B. Indianapolis, IN,
approximately 180 -210 calendar days after receipt of order. It is agreed that such delivery is subject
to delays caused by war, strikes, inability to obtain materials, and other causes beyond the control
of the Company. In the event that City fails to take possession of the Apparatus, Company reserves
the right to arrange for pick -up of the Apparatus by the drive -away service of Company's choice
and at City's sole expense.
3. Price. City agrees to pay a Purchase Price of One Hundred Eighty -Three Thousand,
Two Hundred and Ninety -Five Dollars for each vehicle; Three Hundred Sixty-Six Thousand,
Five Hundred and Ninety Dollars ($366,590.00) FOR BOTH VEHICLES. The City will issue a
Check to Company upon acceptance of Apparatus.
4. No Discrimination. Pursuant to I.C. 22- 9 -1 -10, the Company represents that it and
its subcontractors shall not discriminate against any employee or applicant for employment to be
employed in the performance of this Addendum, with respect to the employee's or applicant's
hiring, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
relating to employment, because of the employee's or applicant's race, religion, color, sex,
disability, national origin, or ancestry. Breach of this covenant may be regarded as a material
breach of the Addendum or original agreement.
THIS PORTION OF THE PAGE IS INTENTIONALLY LEFT BLANK*
5. E- verify requirement. All terms defined in I.C. 22 -5 -1.7 et seq. are adopted and
incorporated into this section.
Pursuant to I.C. 22 -5 -1.7 et seq., Company shall enroll in and verify the work eligibility
status of all of its newly -hired employees using the E -Verify program, if it has not already done so
as of the date of this Addendum. Company is further required to execute the attached Affidavit,
herein referred to as "Exhibit C which is an Affidavit affirming that: (i) Company is enrolled and
is participating in the E -verify program, and (ii) Company does not knowingly employ any
unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached
"Exhibit C." In support of the Affidavit, Company shall provide the City with documentation that
it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect
until said Affidavit is signed by Company and delivered to the City's authorized representative.
Should Company subcontract for the performance of any work under this Addendum, the
Company shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does
not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has
enrolled and is participating in the E -verify program. Company shall maintain a copy of such
certification for the duration of the term of any subcontract. Company shall also deliver a copy of
the certification to the City within seven (7) days of the effective date of the subcontract.
If Company, or any subcontractor of Company, knowingly employs or contracts with any
unauthorized aliens, or retains an employee or contract with a person that the Company or
subcontractor subsequently learns is an unauthorized alien, Company shall terminate the
employment of or contract with the unauthorized alien within thirty (30) days "Cure Period
Should the Company or any subcontractor of Company fail to cure within the Cure Period, the City
has the right to terminate this Agreement without consequence.
The E- Verify requirements of this Agreement will not apply, should the E -Verify program
cease to exist.
6. Entire Agreement. Any changes, additions or deletions to Apparatus purchased off this
Addendum must be made with the written approval of the Company. This Addendum, including
any Exhibits, constitutes the entire understanding between the parties relating to the subject matter
contained within this Addendum, and merges all prior discussions and agreements. Furthermore,
any section of the original Agreement not modified by this Addendum is still in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the -2 7 da of
Meg 2012.
City of Carmel Donley Associates, INC.
I
By: By: 7 /C.t.4.-
Title: Title: Pe" E 51 N j"
Date: Date: H/4 4..c- 4.1 27, 2.0