HomeMy Public PortalAbout017-2016 - Police - Bloomington Ford - 4 SedansPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this �`O/ day of %` , 2016,
by and between the City of Richmond, Indiana, a municipal corporation acting by and through its
Board of Public Works and Safety (hereinafter referred to as the "City") and Bloomington Ford
Lincoln, 2200 S. Walnut Street, Bloomington, Indiana, 47401 (hereinafter referred to as the
"Contractor").
SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish four (4) Deep Impact Blue 2016 Sedan Police Interceptors
with AWD base plus selected options (hereinafter "Vehicles") for the City of Richmond Police
Department.
Contractor's Proposal to the City of Richmond Police Department (sought under special purchasing
methods in accordance with IC 5-22-10) dated January 26, 2016, is attached hereto as "Exhibit A",
which Exhibit consists of six (6) pages 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.
Dclivery of any Vehicles that do not meet all specifications listed on "Exhibit A" will be considered
a breach of this Agreement.
Contractor shall not t-nodifi or alter any standard ,v-arranty frorn the manufacturer of the above
described Vehicles. Nothing contained herein shall prevent Contractor from providim2 any additional
tjt_sulN2lc. ien_tal warranty to _zddittoii_to that prop_ided_ by the Manufactureril�urthc_r. Contractor shall
f-Iovi&C;ity with copies of its w grantv _LIP011 teccM -) � written or verba.]_request to_receive such
warranty.
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.
The Contractor shall furnish all labor material, equipment, and services necessary for and incidental
to the proper completion of this Purchase Agreement.
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. 17-2016
Page 1 of 5
SECTION III. COMPENSATION
City shall pay Contractor the quote amount described on "Exhibit A" for each of the Vehicles
($23,001.20 per Vehicle), provided that Contractor's total compensation for all four (4) Vehicles
shall not exceed Ninety-two Thousand Four Dollars and Eighty Cents ($92,004.80) for purchase of
the four (4) Vehicles pursuant to this Agreement.
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 the Vehicles.
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, in whole or in part, by mutual Agreement of the parties by
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
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 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" "CONTRACTOR'
THE CITY OF RICHMOND, BLOOMINGTON FORD LINCOLN
INDIANA BY AND THROUGH ITS Board of 2200 S. Walnut Street
Public Works and Safety Bloomington, IN 47401
By: ,� �C��C/ By: �ayiL �e�vit.�
Vicki Robinson, President
--�&By: Printed: Sam S. Roberts
Richard Foore, Member
By: Title: Indiana Government Sales Mana
Anthony L. Foster, II, Member
Date: ✓ l� Date:_ 02/26/2016
APPROVED:
Sno or
Date: J q /(v
Page 5 of 5
Bloomington Ford Lincoln
2200 S Walnut St, Bloomington, Indiana, 47401
Office: 812-331-2200 Fax: 812-331-3377
Customer Proposal
Prepared for: Prepared by: '5atjz /6,04t4t,�
Capt. Mike Britt Sam Roberts
City of Richmond PD Office: 812-331-2200
Email: policecarsam@gmail.com
Date: 01 /26/2016
Vehicle: 2016 Sedan Police Interceptor Base
AWD
cXHIBIT PAGE OF_
;� Bloomington Ford Lincoln 2016 Sedan Police Interceptor, Sedan
A�r.O 2200 S WaTnut St, Bloomington, Indiana, 47401 AWD Base(P2M)
Office: 812-331-2200
Selected Options
Code Description MSRP
Base Vehicle
P2M Base Vehicle Price (P2M) $29,085.00
Packages
500A Preferred Equipment Package 500A N/C
Powertrain
99K Engine: 3.7L Ti-VCT V6 (FFV) Included
Flex fuel is not available in states with California emissions standards: CA, CT,
DE, MA, MD, ME, NJ, NY, OR, PA, RI, VT and WA.
44J Transmission: 6-Speed Automatic Included
Exclusively police calibrated for maximum acceleration and faster closing speed.
Wheels & Tires
STDTR Tires: P245/55R18 AS BSW Included
Includes full size spare tire with TPMS.
STDWL Wheels: 18" x 8" Steel w/Hub Cover Included
5-spoke painted black. Includes hub cover and full-size spare wheel.
Seats & Seat Trim
R Heavy -Duty Cloth Front Bucket Included
SeatsNinyl Rear
Includes 6-way power driver with manual recline and lumbar, passenger 2-way manual with recline
and built-in steel intrusion plates in both front seatbacks.
Other Options
PAINT
Monotone Paint Application
STD
STDRD
Radio: AM/FM/CD/MP3 Capable
Included
Includes clock, 4 speakers and 4.2" color center stack smart display.
13C
Dark Car Feature
$20.00
Courtesy lamps disabled when any door is opened (trunk not included).
21 D
Driver Only Incandescent Spot Lamp
$210.00
171
1st & 2nd Row Carpet Floor Covering
$125.00
Includes front and rear Roor mats.
97D
Rear Console Mounting Plate
$35.00
Contours through 2nd row. Includes channel for wiring.
549
Heated Sideview Mirrors
$60.00
60P
Remote Keyless Entry Key Fob w/o
$255.00
Key Pad
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See
salesperson for the most current information.
Prepared for: Capt. Mike Britt, City of Richmond PD )EXHIBIT C� PAGE ,Z ��' �D 2
By: Sam Roberts Date: 01/26/2016 1 Price Level: 640 Quote ID: RichmondPl f`�
Bloomington Ford Lincoln 2016 Sedan Police Interceptor, Sedan
AWO 2200 S Walnut St, Bloomington, Indiana, 47401 AWD Base(P2M)
Office: 812-331-2200
Selected Options (cont'd)
Code Description
Does not include PATS.
Interior Colors
RW 01
Primary Colors
N1 01
Charcoal Black
Blue Jeans Metallic
MSRP
N/C
N/C
SUBTOTAL $29,790.00
Destination Charge $875.00
TOTAL $30,665.00
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See
salesperson for the most current information.
Prepared for: Capt. Mike Britt, City of Richmond PD tX!-IlEIT�TpAGE �_0
By: Sam Roberts Date: 01/26/2016 1 Price Level: 640 Quote ID: RlchmondPI 3
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EXHIBIT fl PAGE -S- 0
I
Bloomington Ford Lincoln 2016 Sedan Police Interceptor, Sedan
2200 S Wa nut St, Bloomington, Indiana, 47401 AWD Base(P2M)
Office: 812-331-2200
Pricing - Single Vehicle & QUOTATION FOR RICHMOND PD
Vehicle Pricing
Pre -Tax Adjustments
Code Description
QS029 INDIANA Government Bid Discounts Applied
Subtotal
Post -Tax Adjustments
Code Description
30-Day Temp Lic IN. BMV Temporary License Tag
OPTIONAL Temporary License Tag, may be deleted if not wanted for $5.00 credit.
IN TIRE/ENV Fee State of Indiana New Tire / Environmental Fees
MSRP
$30,665.00
-$7,670.05
$22,994.95
$5.00
$1.25
Total $23,001.20
Per City of Indianpolis Metropolitan Police Department Co -Op Piggy -Back pricing.
Customer Signature
Sam S. Roberts
Indiana Government Sales Manager
Bloomington Ford, Inc.
Acceptance Date
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing
may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer's computer system. See
salesperson for the most current information.
Prepared for: Capt. Mike Britt, City of Richmond PD
By: Sam Roberts Date: 01/2612016 1 Price Leve D: RichmondPl
rrXIAIBIT -:LQ� PAGE 6