HomeMy WebLinkAboutCummins Contract (Battery Replacement & Maintenance) City of Jeffersonville
Government Contract Coversheet
Please note:All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
Date Submitted to Clerk:
Department: Police
Vendor Name: Cummins
Sign Date: 3/11/2024
Ending Date:
Amount of Original Contract: $1,830.98
Is this an amendment or change order
to original contract? Yes or No
Amended Contract Amount:.
Purpose:battery replacement and maintenance
For Clerk's Office to fill out
Date uploaded to Gateway:
Sales and
Service
PLANNED MAINTENANCE AGREEMENT
Customer Address Customer Contact Quote Information
CITY OF JEFFERSONVILLE Contact: Joseph Hubbard Quote Date: 05-FEB-24
2218 EAST 10TH Phone: 812 283-6633 Quote Expires: 05-MAY-24
Jeffersonville, IN 47130 Fax: 812 283-6633 Quote Num: 216215
Cust Id: 518136 Quoted By: Carla Figueroa
Quote Term: 1 Year(s)
Unless otherwise noted,quote reflects services completed during regular business hours.Additional repairs will not be performed without
customer's authorization. PM customers receive a discounted labor rate on recommended repairs for units on this agreement.
'A late return of this PM Agreement,specific technician request or parts availability may cause changes to listed service dates'
Standard Agreement Amount 51,830.98
Proposal Total S1,830.98
THERE ARE ADDITIONAL CONTRACT TERMS AND
CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT.
INCLUDING LIMITATION F WARRANTIES AND
LIABILITY,WHICH ARE :X RESSLY INCORPORATED
HEREIN.CUSTOMER A N WLEDGE THAT THE CONTRACT
TERMS AND CONDITIO S VE BEE AD,FULLY
UNDERSTOOD,AND CEP D.
Customer Appro a / CUMMINS INC
Signature: olalikhArNiith6Q01/4--
Signature:
Date: Date: 3.11.24
✓ �
Sales and
� icoService
PLANNED MAINTENANCE AGREEMENT
Customer Address Customer Contact Quote Information
CITY OF JEFFERSONVILLE Contact: Joseph Hubbard Quote Date: 05-FEB-24
2218 EAST 10TH Phone: 812 283-6633
Quote Expires: 05-MAY-24
Jeffersonville, IN 47130
Fax: 812 283-6633 Quote Nutn: 216215
Cust Id: 518136 Quoted By: Carla Figueroa
Quote Term: 1 Year(s)
Unless otherwise noted,quote reflects services completed during regular business hours.Additional repairs will not be performed without
customer's authorization.PM customers receive a discounted labor rate on recommended repairs for units on this agreement.
SA late return of this PM Agreement,specific technician request or parts availability may cause changes to listed service dates*
Standard Agreement Amount $1,830.98
Proposal Total $1,830.98
THERE ARE ADDITIONAL CONTRACT TERMS AND
CONDITIONS ON THE REVERSE SIDE OF THIS DOCUMENT,
INCLUDING LIMITATION F WARRANTIES AND
LIABILITY,WHICH ARE RESSLY INCORPORATED
HEREIN.CUSTOMER A WLEDGE THAT THE CONTRACT
TERMS AND CONDITIO S VE BEE AD,FULLY
UNDERSTOOD,AND CE D.
Customer Appro a CUMMINS INC
Signature:
Sioature:
Date: 3 - Date:
?age 2 of 2
Sales and
icc% Service
LOUISVILL . •• •
9820 BLUEGRASS PKWY
LOUISVILLE,KY 40299
Phone:502-491-4263
PLANNED MAINTENANCE AGREEMENT
Customer Address Customer Contact Quote Information
CITY OF JEFFERSONVILLE Contact: Joseph Hubbard Quote Date: 05-FEB-24
2218 EAST 10TH Phone: 812 283-6633 Quote Expires: 05-MAY-24
Jeffersonville, IN 47130 Fax: 812 283-6633 Quote Num: 216215
Cust Id: 518136 Quoted By: Carla Figueroa
Quote Term: 1 Year(s)
Site Information
1 JEFFERSONVILLE POLICE DEP 2218 E 10TH ST JEFFERSONVILLE IN 47130
Site Unit Number Manufacturer Model Prod Model Serial Number Type
1 JEFF POLICE ONAN GEN SET DFEH-1401847-L D140665626 ST
Site Unit Number Service Event Qty Sell Price Extended Price
1 JEFF POLICE BATTERY REPLACEMENT 1 693.24 693.24
GEN FULL SERVICE 1 1,137.74 1,137.74
***Generator Planned Equipment Maintenance Quote*** Early Renewal for Fiscal Year
• Based on previous PM schedule,services are tentatively scheduled for:
Full Maintenance Service with battery replacement-June 2024
Note:Battery replacement is performed every third year according to anniversary date.Last replacement was 2021
For any questions.regarding this proposal and to continue your services without interruption,please sign the agreement and return to:
carla.figueroa@cummins.com(preferred) or 445-787-3057
***Payment Info***
Customers with a line of credit will be invoiced after the completion of service event unless requested otherwise.Customers without a line
of credit including residential customers will be invoiced annually prior to services being performed.
Purchase order bill must be made out to Cummins Inc.or Cummins Sales and Service PO#
W9 available upon request.
***Auto Renewal Option***
Planned Equipment Maintenance Agreements are designed with an automatic renewal provision. If you wish to participate in the auto
renew option,please check the box below:
Opt-hi to Automatic Renewal
This agreement will automatically renew at the end of the term for a period equal to the original term(the Renewal Term). In such event,
cost increases for the Renewal Term will not exceed 4%. Either party has the right to terminate this Agreement with thirty(30)days prior
written notice unless the work has already been performed.
For any questions regarding your account or additional sales opportunities:
Territory Manager Contact Information:
Brian Leis Cell 502-741-3758 Email:brian.leis@cummins.com
Page 1 of 2
PLANNED MAINTENANCE AGREEMENT TERMS AND CONDITIONS
These Planned Maintenance Agreement Terms and Conditions,together with the Quote on the front side and the Scope of Services,are hereinafter referred to as this'Agreement'and shall constinae the entire agreement between
the customer identified in the Quote I'Customei)and Cummins Inc.('Cummins')and supersede any precious agreement or understanding'oral or written)between de panics with respect to the subject matter of this Agreement.
Customer shall be deemed to have made an unqualified acceptance of these Terms and Conditions and it shall become a binding agreement between the parties on the earliest of the following to occur:(i)Cummins'receipt of
Customer's purchase order or purchase order number,(ii)Customer's signing or acknowledgment of this Agreement,nal Cummins release of Products to production pursuant to Customer's oral or written instruction or
direction,(iv)Customer's payment of any amounts due to Cummins.or(v)any other event constituting acceptance under applicable law No prior inconsistent course of dealing.course of performance,or usage of trade,if any,
constitutes a waiver of on serves to explain or interpret this Agreement.Electronic transactions between Customer and Cummins will be solely governed by this Agreement,and any terms and conditions on Customer's websitc or
other internet site will be null and void and of no legal effect on Cummins.In the event Customer delivers,references,incorporates by reference,or produces any purchase order or document.any terms and conditions related
thereto:(i)shall be null and void and of no legal effect on Cummins.and lit)this Agreement shall remain the governing terms of the transaction.
I.SCOPE OF SERVICES:PERFORMANCE OF SERVICES.Cummins shall pentomi the maintenance)Services')on the equipment identified in the Quote('Equipment')in accordance with the schedule specified in the Quote.
The Services include those services defined in the'Service Event'section of the Quote No additional services or materials are included in this Agreement unless agreed upon by the panics in writing Unless otherwise indicated in
the Quote,('ummins will provide the labor and tools necessary to perform the Sen ices and shall keep Customer's property free from accumulation of waste materials caused by Cummins operations.Either party may terminate
this Agreement with or without cause by providing thirty(301 days written notice to the other
2 CUSTOMER OBLIGATIONS.Customer shall provide Cummins safe access to Customers sac and arrange for all related services and utilities necessary for Cummins to perform the Services During the performance of the
Services,Customer shall fully and completely secure all or any pan of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks,including but not limited to facility occupants,
customers,invitees.or any thud party and or property damage or work interruption arising out of the Services.Customer shall make all necessary arrangement to address;tad mitigate the consequences of any electrical service
interruption which might occur during the Services,CUSTOMER IS RESPONSIBLE FOR OPERATING AND MAINTAINING THE EQUIPMENT IN ACCORDANCE WITH THE OWNER'S MANUAL FOR THE
EQUIPMENT
3.PAYMENT TERMS Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins,payments are due thirty(30)days from the dale of the invoice.If Customer does not have approved credit
with Cummins,as solely dctertmned by Cummins,payments are due in advance or at the time of supply of the Services.If payment is not received when due,in addition to any rights Cummins may have at law,Cummins may
charge Customer eighteen percent 118%)interest annually on late payments,or the maximum amount allowed by low.Customer agrees to pay all Cummins'costs and expenses(including all reasonable attorneys'fees)related to
Cummins'enforcement and collection of unpaid invoices.or any other enforcement of this Agreement by Cummins Unless otherwise stated,the Quote excludes all applicable local,state,or federal sales and or use or similar taxes
which Cummins is required by applicable laws to collect from Customer and shall he stated on the invoice
4.DELAYS.Any performance dates indicated in this Agreement arc estimated and not guaranteed('ummins shall not be liable for any delays in performance however occasioned,including any that result directly or indirectly
from acts of Customer or causes beyond Cummins'control,including but not limited to acts of God,accidents,fire,explosions,flood,unusual weather conditions,acts of government authority,or labor disputes.AS A RESULT
OF TIIE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL C'ORONAVIRUS,TEMPORARY DELAYS IN DELIVERY.LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS
OR SUBCONTRACTORS MAY OCCUR.AMONG OTHER FACTORS,('UMMINS'DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR
SUBCONTRACTORS.AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE.WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY
REASONABLE.EFFORT TO MEET THE DELIVERY.SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN.SUCH DATES ARE SUBJECT TO CHANGE.
5.WARRANTY.('ummins shall perform the Services in a reasonable and workmanlike manner.Parts and components supplied under this Agreement arc governed by the express written manufacturer's limited warranty.No
other warranty for parts or components is provided under this Agreement All Services shall be free from defects in workmanship for a pentad of ninety(901 days after completion of Services.In the event of a warrantable defect in
workmanship of Services supplied under this Agreement('Warrantable Defect'),Cummins'obligation shall be solely limited to correcting the Warrantable Defect.Cummins shall correct the Warrantable Defect where(i)such
Warrantable Defect becomes apparent to Customer during the warranty period,(oil Cummins receives written notice of any Warrantable Defect within thirty 130)days following discovery by Customer:and liti)Cummins has
determined that there is a Warrantable Defect Warrantable Defects remedial under this provision shall he subject to the remaining warranty period of the original warranty of the SenIces.New parts supplied dunng the remedy of
Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such parts The remedies set forth in this Section 5 shall not be deemed to have failed of their essential purpose
so long as Cummins is willing to correct defective Services or refund the purchase twice therefor.
6.LIMITATIONS OF WARRANTIES AND LIABILITY.THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES
PROVIDED BY CUMMINS TO THE CUSTOMER UNDER TIIIS AGREEMENT.EXCEPT AS SET OUT IN TIIE WARRANTY AND TIIIS AGREEMENT,AND TO THE EXTENT PERMITTED BY LAW,CUMMINS
EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS.WARRANTIES.ENDORSEMENTS,AND CONDITIONS OF ANY KIND.EXPRESS OR IMPLIED,INCLUDING.WITHOUT LIMITATION,ANY
STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS,WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY
NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT,IN NO EVENT SHALL CUMMINS,ITS OFFICERS,DIRECTORS,EMPLOYEES,OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD
PARTY FOR ANY INDIRECT.INCIDENTAL SPECIAL.PUNITIVE,OR CONSEQUENTIAL DAMAGES OF ANY KIND IINCLUDIN(i WITHOUT LIMITATION DOWNTIME.LOSS OF PROFIT OR REVENUE,
LOSS OF DATA.LOSS OF OPPORTUNITY,DAMAGE TO GOODWILL AND DAMAGES CAUSED BY DELAYS)IN ANY WAY RELATED TO OR ARISING FROM CUMMINS'SUPPLY OF PARTS OR SERVICES
UNDER THIS AGREEMENT.IN NO EVENT SHALL CUMMINS'LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER'S BEHALF UNDER
THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT BY ACCEPTANCE OF THIS AGREEMENT.CUSTOMER ACKNOWLEDGES
CIISTOMFR'S SOt F REMEDY AGAINST CIIMMMS FOR ANY LOSS SHAI.I RE THE RFMFI)Y PROVIDED ItFR FIN
7 INDEMNITY Customer shall indemnify.defend and hold harmless Cummins from and against any and all claims,actions,costs,expenses,damages and liabilities,including reasonable attorneys'
fees,brought against or incurred by Cummins related our arising out of this Agreement or the Services supplied under this Agreement(collectively,the l'Claim.n'),where such Claims were caused or contributed to by.in whole
or in pat,the acts,omissions.fault or negligence of the Cstomer.Customer shall present any Claims covered by this indemnity to its insurance carrier unless Cummins directs that the defense will be handled by Cummins'legal
counsel at Customer's expense.
g CONFIDENTIALITY.Each party shall keep confidential any information received from the other that is non generally known to the public and at the time of disclosure,would reasonably be understood by the receiving party to
be proprietary or confidential,whether disclosed in oral,written,visual,electronic or other form.and which the receiving party(or agents)teams in connection with this Agreement including.but not limited to:(al business plans,
strategies.sales,projects and analyses;lb)financial information,pricing,and fee structures:(c)business processes,methods and models.(d)employee and supplier information;lel specifications:and(f)the terms and conditions
of this Agreement.Each nests shall take necessary stens to ensure comnhance with this movision by its employees and agents
9.GOVERNING LAW This Agreement and all matters arising hereunder shall be governed by and cotstmed or accordance with the laws of the State of Indiana without goo ing effect to any choice or conflict of law provision.
The parties agree that the courts of the State of Indiana shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement
10 INSURANCE.Upon Customer's request,Cummins will provide to Customer a Certificate of Insurance evidencing Cummins relevant insurance coverage
I I.ASSIGNMENT.This Agreement shall be binding on the parties and their successors and assigns.Customer shall not assign this Agreement without the pow untten consent of Cummins.
12.INTELLECTUAL PROPERTY.Any intellectual prow,ty rights created by either party,whether indkperdently or jointly,in the course of the performance of this Agreement or otherwise related to Cummins pre-existing
intellectual property or subject matter related thereto,shall be Cummins'property.Customer agrees to assign.and does hereby assign,all right,tide,and interest to such intellectual property to Cummins.Any Cummins pre-
existing intellectual property shall remain Cummins'property Nothing in this Agreement shall be deemed to have risen Customer a licence or any other rights o use any of the inte0ecrual movenv nghts of Cummins
13.MISCELLANEOUS Cummins shall be an independent contractor with respect to the.Services performed under this Agreement All notices under this Agreement shall be in canting and he delivered personally,mailed via first
class certified or registered mail,or setts bye nationally recognised express courier service to the addresses set forth in the Quote.No amendment of this Agreement shall be valid unless it is writing and signed by the parties
hereto.Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter,nor shall the waiver by a parry of a breach of any
of the provisions hereof constitute a waiver of any succeeding breach.Any provision of this Agreement that is invalid or unenforceable shall own affect the validity or enforceability of the remaining temu hereof
14 ON-CALL SERVICES Upon Customer's request.Cummins shall provide on-call sets ices(repair,emergency work or other)on the Equipment('On-call Services') Any On-call Services shall be invmced to the Customer
at the Cummins current hour rate(including traveling)and shall be governed by the terms and conditions of this Agreement.
15 PRICING. To the extent allowed by law.actual prices may vary from the price at the time of order placement,as the same will be based on prices prevailing tin the date of shipment Subject to local laws,Cummins reserves
the neht to adtxit pricing on goods and services due to input and labor cost changes and other unforeseen circumstances beyond Cummins'control
16.To the extent applicable.this contractor and subcontracor shall abide by the requirements of 41 CFR§§60-1.4ia1,60-300 51a)and 60-741 51a1 These regulations prohibit discrimination against qualified individuals based
on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race,color.religion,sex,sexual onentatiun,gender identity or national origin.Moreover,these
regulations require that covered prime contractors and subcontractors take atfrmanve acton to employ and advance in employment individuals without regard to race.color.relignon,sex,sexual orientation,gender identity,
national origin.protected veteran status or disability The employee nonce requirements set forth in 29('FR Part 471.Appendix A to Subpart As.arc hereby incorporated by reference into this contract.
07.25.2022