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HomeMy Public PortalAbout039-2016 - Police - Wetzel Chrysler Jeep Dodge - 1 Dodge RamPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this V`1 day of `1( , 2016, by and between the City of Richmond, Indiana, a municipal corporation acting by an6 through its Board of Public Works and Safety (hereinafter referred to as the "City") and Wetzel Chrysler Jeep Dodge, 5500 National Road East, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) 2016 Dodge Ram 1500 SSV Four-wheel Drive Pickup Truck Vehicle (hereinafter "Vehicle") for the City of Richmond Police Department. A request for quotes, dated April 12, 2016, has been made available for inspection by Contractor, is on file with the Purchasing Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Quotes is attached hereto as "Exhibit A", which Exhibit is dated April 18, 2016, consists of consists of two (2) 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." Delivery of any Vehicle that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described Vehicle. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal 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. 39-2016 Pagel of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicle, provided that Contractor's total compensation shall not exceed Twenty-six Thousand Two Hundred Seventy-five Dollars and Zero Cents ($26,275.00) for purchase of the Vehicle 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 Vehicle. 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements Page 2of5 B. Employer's Liability $100,000 M 0 Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $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. 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: Page 3 of 5 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 parry 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. 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. Page 4 of 5 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" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By: qv�ik Vicki Robinson, President By: _ 7t-i-o 1--V� Richard Foore, Member Date: ? O — / , APPROVED: now, y Date: "CONTRACTOR" WETZEL CHRYSLER JEEP DODGE 5500 National Road East Richmond, IN 47374 NO , .5__...� Printed: - d i nrs/� nl Title: :Z&r�Sr— Iles el Date: /—/'/r ? '! 6 Page 5 of 5 7 4 f, _t'0 V , t1k, I nOvr yr acr CITY OF RICHMOND 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 PRICE REQUEST THIS IS NOT AN ORDER VIENDOR INSTRUCTIONS This i i a request for a price or quote for the services or mate als described below. Any additional speei cations may be attached hereto. This is not an order ind the City reserves the right to accept all or part, c r decline the entire proposal. Please complete your I Al name, address, and phone number below with signs e; itemize all prices and charges where requ ted; and attach explanation for any substitution to speci cations altered. Please return in care of Pure ing to the address above by the specified date and ti a to be considered unless otherwise specified. RATE REPLY MUST BE IN DELIVERY REQUIRED PAYMENT TERMS April 12, 2016 Apr019, 2016 by 12.00 noon DELIVERED UPON RECEIPT rNVOICE QUANTITY G NO. DESCRIPTION UITr J'i2JG1J TOTAL 2016 Dodge Ram -Richmond Department (see attached) Bids may be either mailed or brought to the Purchasing Dept. at 50 North 5th Street, Richmond, IN 47374 or faxed to (765) 973-1517 to the attention of Vicki Robinson, Purchasing, PRICE REQUES BY —�?" VICTO ROBINSON PURCHASING DIRECTOR State Tax Exemption No. 003121909.001 Page 2 EXHIBIT PAGE -A—OF 2 J-I "97s'��a6a�f ,M OF F)ORMQ OTING / Sle,� UTHORIZED BY —/� .TE 1TTLE ine No. SA d UZL£96592 << 99Z p.loJ iaz49M 5L 4 L 6L-�O-MZ WETZEL CHRYSLER JEEP DODGE RAM $500 NATIONAL i2D E Configuration Preview RICHMOND, IN 473742616 Date Printed: 2010-04-18 5,44 PM VIN: Estimated Ship Data: VON: F N1: F N 2: C ant Code: 13 1 Number: Sold to: Ship to: P Number: WETZEL C14RYSLFR JEEP DODGE RAM (44766) WETZEL CHRYSLER JEEP DODGE RAM (4 766) 6500 NATIONAL RD E 5500 NATIONAL RD E RICHMOND, IN 473742616 RICHMOND. IN 473742616 Vehicle: Model: Package: PainUSeatffrim: Options: Non Equipment Bid Number. Distounts: Destination Fees: Order Type: Scheduling Priority: Customer Name: Customer Address: instructions: 201E SSV CREW CAB Sales Code Description DS6T98 SSV CREW CAB 4X4 25D Customer Preferred Package 25D iZH 5.71- V8 HEMI MDS VVT Engine DG7 6-Spd Automatic 65RFE Transmission ,/PAU Granite Crystal Met. Gear Coat APA Monotone Paint L067 Cloth Front Bench /Vinyl Rear Seat J,PJC8 BlackJDiesel Gray MAF Fleet Purchase Incentive LIXM9 Delete Spray in Bedfiner kZKE Carpet Floor Covering t-43 a Rear Window Defroster v(F8 Delete Class IV Receiver Hitch 4 jR b Chrome Appearance Group 4DH Prepaid Holdback 4ES Delivery Allowance Credit 5N6 Easy Order 4FM Fleet Option Editor 4FT Fleet Sales Order 142 Zone 42-Detroit 4EA Sold Vehicle 4FA Special Bid -Ineligible For Incentive TIR6064 Government Incentives YGE 5 Additional Gallons of Gas Fleet 1Sold Order city of Richmond 50 north 5th street richmoral IN 47374 USA PSP MonthlWook: Build Priority: Note: This IS not an invoice. The prices and equipment Shown On this priced order conHrma correction without prior notice. No claims against the Content li9ted or prices quoted will be vehicle content and pricing. Orders are accepted only when the vehicle Is shipped by the far l 'EXHIBIT PAGE 5/£ d 2LUE96591 << 59Z PJOJ 10240M (DS6T98) 1 BA - Pending order 002B9 City of Richmond, Indiana T66064 MSRP(USD) 3B,935 0 0 0 0 0 45 0 0 -325 110 15D -100 496 0 0 0 0 0 0 0 0 0 0 1,105 n / bzC Total Price., An AM Ity 99 are tentative and subject to change or opted. Refer to the vehicle invoice for final Page 1 of 1 SL:LL 6L-*O-%02 RECOMMENDATION FOR BID AWARD To: Vicky Robinson -City of Richmond Purchasing Department From: Major Michael Britt- City of Richmond Police Department Date: April 21st, 2016 Re -.'Purchase of Dodge Ram Pickup Truck Mrs. Robinson, Earlier this month I requested your department to conduct a competitive bidding process for the purchase of a 2016 Dodge Ram pickup truck that is needed by this department. The following specifications were determined to be what was needed for this vehicle: *2016 Dodge Ram 1500 SSV series, 4 wheel drive, crew cab, 5.7 liter Hemi engine with a factory code of DS6T98. *Diesel gray cloth seating front, vinyl bench rear seat. *Granite crystal gray body color or similar (to be determined prior to order). *DELETE -Standard equipment Spray in bed liner *DELETE -Standard equipment Class IV hitch The following options were requested in the quote: *Factory Code AED-Chrome Appearance Group *Factory Code GFA-Rear window defroster * Factory Code CKE- Carpet floor covering * 4 set of keys. The bids requests with the above information were distributed to Wetzel Dodge, Richmond In., Fletcher Dodge, Franklin IN., and Town & Country Dodge, Bloomington,IN. The bid results were due from the above listed vendors by 12:00 pm on April 19th, 2016. All three bids were received in a timely manner with the following bids submitted: Page 2 Wetzel Dodge: $23,275.00 Town & Country Dodge: $26,087.25 Fletcher Dodge: $25,576.00 All three bids appear to meet or exceed the requested specifications. In accordance with State of Indiana Code, Wetzel Dodge included, with their bid, a "Local Preference" request. The local preference code is applied at 5% and aligns the bids as follows: Actual low bid: Fletcher Dodge, Franklin IN.: $25,576.00 plus 5%=$26,854.80 2nd lowest bid: Town & Country Ford, Bloomington IN: $26,087.25 plus %5=$27,391.61 3`d lowest bid: Wetzel Ford, Richmond IN: (local bidder) $26,275.00 In summary, with local preference of 5% applied, determines that Wetzel Ford is the successful bidder for this purchase request. Request the awarding of this purchase to Wetzel Ford for this 2016 Dodge Pickup truck. Copies of all bids and specifications are on file. Sincerely, �N4A� Maj r Michael Britt- Deputy Chief of Police Richmond Police Department. MEMO TO THE BOARD OF PUBLIC WORKS & SAFETY CITY OF RICHMOND INDIANA Request this item to be placed on the BOW agenda for April 28th, 2016. From: Major Michael Britt -Deputy Chief of Police, Richmond Police Department Ref: Purchase request of 2016 Dodge Ram pickup Truck Date: April 25th, 2016 The Richmond Police Department respectfully requests the BOW review and approval of the purchase of this referenced 2016 Dodge Ram truck from Wetzel Dodge Chrysler Jeep, located in Richmond Indiana. Requests for bids went out to three Dodge dealers and were returned in a timely manner with the result being that Wetzel Dodge, Chrysler Jeep be awarded this purchase contract with the winning bid after local bidding preference guidelines were applied. The specifications for this vehicle were met by all three bidders. Funds for the purchase of this vehicle exist in the Police Department account #209.10.103.140.000.4490. The purchase amount is $26,275.00. This vehicle will be utilized by an officer assigned to the Wayne County Drug Task Force. I would also like to bring to the board's attention that no city funds have been expended on vehicles for the Task Force since the year of 2010. Copies of all bids and specifications are being kept on file. Respectfully, Major Michael Britt Richmond Police Department.