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Home My Public Portal About044-2017 - Police - Fletcher Chrysler Dodge Jeep - 6 Dodge ChargerskI PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this ZOday of " , 2017, 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 Fletcher Chrysler Dodge Jeep, U.S. 31 N, 3099 N. Morton Street, Franklin, IN 46131 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish six (6) 2017 Dodge Chargers (hereinafter "Vehicles") for the City of Richmond Police Department. The colors of the Vehicles furnished will be five (5) matching blue Chargers and one (1) black Charger. The black Charger includes 5-spoke hubcaps. The Indiana State Quantity Purchase Agreement Vendor and Commodity List containing Indiana State Pre -Approved Equipment Pricing Bids (hereinafter "QPA Bid List") was examined by the Richmond Police Department. The QPA Bid List is on file in the Richmond Police Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained therein. Pursuant to Indiana guidelines, a City may opt to use the State QPA Bid List when purchasing and may request price quotes for specific quantities of items of equipment and/or commodities as an alternative to the standard bid procedures. Contractor's Response (QPA Quote 15272) to the Richmond Police Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit is dated February 23, 2017, consists of six (6) pages, 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 Vehicles. 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. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. 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. Contract No. 44-2017 Page 1 of 6 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. SECTION III. COMPENSATION City shall pay Contractor the quote amounts described on Contractor's February 23, 2017, Response (Exhibit A), provided that Contractor's total compensation shall not exceed One Hundred Thirty-one Thousand Five Hundred Six Dollars and Zero Cents ($131,506.00) for purchase of the 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. Page 2 of 6 } 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $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 Page 3 of 6 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. 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. Page 4 of 6 SECTION VIII. 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 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. 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 5 of 6 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: _ 7, 41� �4 - 144'' V� � Vicki Robinson, President By: Richard Foore, Member am Date: , —2 3 '/`7 APPROVED: David M. Sno ayor Date: 0 - Z ( "CONTRACTOR" FLETCHER CHRYSLER DODGE JEEP U.S. 31 N, 3099 N. Morton Street Franklin, IN 46131 By: 44v Title: K k i je f Date: 3 12-017 Page 6 of 6 CHRYSLER Jeep RAM CHRYSLER DODGE JEEP RAM February 23, 2017 City of Richmond 50 North 516 Richmond, IN 47374 Quote for the purchase of 2017 Dodge Chargers: 2017 Dodge Chargers RWD V6 Contusion Blue (Dark Blue) Vinyl Rear Seat Power Heated Mirrors Front Reading/Map Lamp Carpet Black Left Spot Lamp $21,911 x 5 = $109,555 2017 Dodge Charger RWD V6 Black Vinyl Rear Seat Power Heated Mirrors Front Reading/Map Lamp Carpet Black Left Spot Lamp 18" Wheel Covers $21,951 x 1= $ 21,951 "Where Everybody Gets a Great Deal" U.S. 31 North • 3099 N. Morton St. • Franklin, Indiana 46131 Phone: (317 738-4170 • www.fietcherchrysler.com EXHIBIT- PAGE �i�F 9=0OK=PGE C H RY S L E R Jeep �O�GE RAM CMYSLER DODGE JEEP RAM Total of Quote Price of cars includes shipping to Richmond $131,506 Please let me know what questions you have and how I can help. Thank -you, Keith Fox Fleet Manager "Where Everybody Gets a Great Deal" U.S. 31 North • 3099 N. Morton St. • Franklin, Indiana 46131 Phone: (317) 738-4170 • wwwfletcherchrysler.com X,H181 T K PAGE 0F�� CHRYSLER DODGE JEEP RAN 3.61. V6 RWD 5.71. V8 RWD 5.71. VS AWD CHf2Y5LE12 p, x $21,364 x $22,382 — x $23,420 Option Pricing Power Heated Mirrors Convenience Group 1 3.07 Rear Axle Ratio Front Reading/Map Lamp Backup Camera Fleet Park Assist Carpet Black Left Side Spot Lamp Black Right Side Spot Lamp LED Spot Lamp Entire Key Alike Fleet Vinyl Rear Seat ' x $108 Driver Side Ballistic Door Panel _x $2,115 Passenger Side Ballistic Door Panel _ x $2,115 Class 1 Receiver Hitch _x $585 Full Size Spare Relocation Bracket _x $130 Engine Block Heater _ X $85 Security Alarm _ x $135 Fleet Park Assist Group _ x $340 Street Appearance Group _ x $337 BSW Performance Tires _ x $162 18' Wheel Covers _ x $40 Rear windows/door handles deactivated, locks operable _ x $75 "Where Everybody Gets a Great Deal" U.S. 31 North • 3099 N. Morton St. • Franklin, Indiana 46131 Phone: (317) 738-4170 • www fletcherchrysler.corn PAG ®41=30®Gil= ...P.L41 Iq �1 -x$60}} A _x$432 �✓"�e�bb �XN/C E3 ` x $70 — x $312 ,Y x $120 A x$189 _x$189 _, X $350 _x$126 Widget 1Widget 2Widget 3Wid eg_t 4 Indiana Department of Administration IDOA > Procurement > Active Contracts and QPAs > PA Supplemental Information > Vehicle QPAs (vehicles, parts and maintenance)Vehicle QPAs (vehicles, parts and maintenance) The state of Indiana has competitively bid and negotiated contracts that support agency needs associated with vehicles, vehicle parts and vehicle maintenance. Information regarding requirements for state agencies interested in purchasing a vehicle can be found on the IDOA Fleet Services page. Cities, towns, K-12 schools, universities and other governmental entities purchasing a vehicle through a state QPA should follow local purchasing requirements. Vehicles it iT PAGE (� � Vendors for RFP 16-011, Vehicles, have been selected. The following vehicles for fleet use, police pursuit, and mobility transit are available through their respective QPAs: Fleet Vehicles Specifications QPA/Vendor Ford Fusion S Ford Taurus QPA 15271 Ford Fusion HybridVendor: Advantage Ford Lincoln Ford Explorer Base Contact auni Blaut Ford Transit 350 WGN 12P hone: (877) 835-5840 Ford Transit 150 Vehicle Color Options I coming soon Ford F150 XL Ford F250 XL Ford F350 XL Fleet Vehicles Mini Van Specifications QPA/Vendor Chrysler 200 QPA 15272 Vendor: Fletcher Chrysler Dodge Durango Contact Dodge Grand Caravan eith Fox hone: (317) 738-4170 Police Pursuit Specifications QPA/Vendor Dodge Durango, SUV Contact QPA/Vendor Police Pursuit Specifications QPA 15274 Vendor: Bloomington Ford Ford Police Interceptor Utility AWD, Police Pursuit SUV Contact Sam Roberts Phone: (812) 331-2200 Mobility Vans Specifications I QPA/Vendor Dodge/Braun Grand Caravan/Entervan, Low Floor PA 15273 �endor:Midwest Transit EXHIBIT A PAGE 0-�' Minivan Ford E Series, Small Transit Ford E Series, Large Transit ;ontact oe Kizinski (574) 612 - 4063 MV-1 Specifications I OPANendor 7 PA 15725 endor: Midwest Transit oe Kizinski 'hone: (574) 612 - 4063 PAGE __s9.-OF- aj