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HomeMy Public PortalAbout038-2018 - Sanitation - Cronin Toyota - Jeep TruckPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this A3 day of March, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and Cronin Toyota of Richmond, 5601 National Road East, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one (1) new vehicle, delivered to 2380 Liberty Ave., Richmond, Indiana, with said vehicle being either a 2018 or 2017 new or used 4 door sports utility vehicle, with said vehicle being more specifically described in Exhibit `B" attached hereto and incorporated by reference herein. City sent Request for Quotes containing certain specifications to Contractor on February 15, 2018. A copy of said Request for Quote is attached hereto and incorporated herein by reference as Exhibit "A". The response of Contractor to said Request for Quotes, dated February 26, 2018, is attached hereto and incorporated by reference herein as Exhibit `B", consisting of eight (8) typewritten pages. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until 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. SECTION I1I. PURCHASE PRICE City shall pay Contractor a sum not to exceed Twenty -One Thousand Six Hundred Sixty -Five Dollars and No Cents ($21,665.00), plus $201 for documents and title, for a total cost of Twenty - One Thousand, Eight Hundred Sixty -Six Dollars and No Cents ($21,866) for a 2018 or 2017 F- 250 4 X 4 3/4 ton pick-up truck, after a Twenty -Five Hundred Dollar ($2,500.00) trade-in deduction for City's 2007 Chrysler Town and County Minivan, with a Vehicle Identification Number IA4GP44R76B751730. The monies to be paid to Contractor are based upon the bid sheet submitted by Contractor, which is set forth in Exhibit "B", and attached with this Agreement and made a part hereof. The estimated delivery time for the above described equipment is within ninety (90) days after the execution of this Purchase Agreement. Contract No. 38-2018 Page 1 of 3 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. SECTION V. 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. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, 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. If any portion of this agreement is declared unenforceable by a comlor tribunal, all other portions shall remain in full force and effect. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract and that such authorization has not been revoked or rescinded. Page 2 of 3 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 Sanitary Commissioners By: Sue Miller, President AmafftRkshi, Vice President n , ember Dated: � - / 3 /g APPROVED: avid Snow, ayo Dated: c "CONTRACTOR" CRONIN TOYOTA OF RICHMOND By: Printed: L-���--t e- Title: AMA PJA4-,; ,•�� ��1�6.�'-/ Dated: 3 l t 3\ k Page 3 of 3