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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. 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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