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HomeMy Public PortalAbout061-2018 - RPD - Wetzel Auto,buy 5 new Dodge ChargersORIGINAL PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this L2&day of /�/, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by Ad through its Board of Public Works and Safety (hereinafter referred to as the "City") and Wetzel Ford, 5500 National Road East, Richmond, Indiana, 47374-2616 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish five (5) 2018 Dodge Charger police vehicles with police package options (hereinafter "Vehicles") for the City of Richmond Police Department. A request for quotes, dated February 27, 2018, has been made available for inspection by Contractor, is on file with the Purchasing Department and the Police 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 March 9, 2018, consists of four (4) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terns and conditions contained in "Exhibit A." Delivery of any Vehicles and associated options (which shall include four (4) complete sets of key fobs for each vehicle) that do 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. 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. 61-2018 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicles, provided that Contractor's total compensation shall not exceed One Hundred Ten Thousand Eight Hundred Twenty-five Dollars and Zero Cents ($110,825.00) 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. 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 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 Code Sections 22-372-5, 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 parry. 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" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety r ' By: Vicki Robinson, President APPROVED;avid>M. Sno or Date: Z) 1 3 � 8 Page 5 of 5 "CONTRACTOR" WETZEL FORD 5500 National Road East Richmond, JN _ 47374-2616 Printed: lcrtoe- F Title: t J P Date: pl�—( 8' QUANTITY BY CITY OF RICEMOND 50 North Fifth Street Richmond, Indiana 47374 (765) 983-7200 PRICE REQUEST THIS IS NOT AN ORDER INSTRUCTIONS This is a request for a price or quote for the services or materials described below. Any additional specifications may be attached hereto. This is not an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete Your full name. address, and phone number below with signature; itemize all prices and charges where requested, and attach explanation for any substitution to specifications altered. Please return in care of Purchasing to the address above by the specified date and time to be considered unless otherwise specified. DELIVERY REQUIRED DESCRIPTION 2018 Dodge Chargers with Police Package -Richmond Police Department (see attached) maids may be either mailed or brought to the Purchasing Dept. at 50 North 5th Street, Richmond, IN 47374 or fazed to (765) 973-1517 to the attention of Vicki Robinson, Purchasing. PRICE REQUEST ( / I VICKI ROBINSON PURCHASING DIRECTOR State Tag Exemption No. 003121909-001 PAYMENT TERMS UNIT PRICE 1 TOTAL NAME OF FIRM UOTR lit >/ ;Z21165 ,e« x5 BY c1 J-C- p ,11:51i u AUTHOR ED BY 1 a DATE . /q TTT'l.E Phone No. �4 r EX_H1B1T j'� Five 2018 Dodge Chargers with Police package The Richmond Police Department is requesting a quote for the purchase of five (5) new 2018 Dodge Chargers with Police package, including the following requirements. • Base vehicle-3.6L V6 engine • Rear wheel drive • Dark blue or similar color (to be discussed with successful bidder) The following options are to be included in the bid: Four (4) complete sets of key FOBS for each unit. F 3.07 rear axle ratio V � b u 940 -c> Power heated rearview mirrors t/ inyl rear seat •� Interior carpet «Black left side spot lamp � •e include pricing for delivery to Richmond, Indiana • 1�Please, include all costs for title and any related purchase paperwork. Please include complete specification and warranty with your bid. Please state lead time with your bid. If you have any questions regarding this price request or specifications, please feel free to contact Vicki Robinson, Purchasing Director at (765) 983-7209, Bids are due by March 9, 2018 by 12:00 noon to be considered. Bids may be faxed, mailed, or brought to the attention of Vicki Robinson in Purchasing oniv. Our address is City of Richmond at 50 North 5th Street, Richmond, IN 47374. Fax number is (7655) 973-1517. EXHIBIT PAGE f0F'_i Five 2018 Dodge Chargers with Police package The Richmond police Depanment is requesting it quote for the purchase of rive (5) new 2018 Dodge Chargers Avith Police package, including the following requirements; ►� • Base vehicle-3.61. V6 engine • Rear wheel drive ,✓ • Dark blue or similar color (to be discussed with successful bidder)" jj P 16-o The following options arc to be included in the bid: �/ • Four (4) complete sets of key F0131; for each tuiit. • 3.07 rear axle ratio `L • (o S , aK i,e, (uv{7-v ✓ • Power heated rearview mirrors ✓ • Vinyl rear scat ✓ . Interior carpet 60 t✓ • [clack left side spot lamp {fir ✓ • Please include pricing for delivery to Richmond, Indiana /• Please include all costs for title mad any related purchase paperw rk. Please include complete specification and warranty with your bid. I'lease state lend time with your bid. q i *- 6 d -PAf 5 A , P , O, T C � C.� I ryou have any questions regarding this price request or specifications, please feel Free io dontact Vicki Robinson, Purchasing Director at (765) 983-7209. Bids are due by March 9, 2018 by 12:00 noon to be considered. Bids may be faxed, mailed, or brought to the attention of Vicki Robinson in Purchasing only. Our address is City of Richmond at 50 North 5th Sheet, Richmond, IN 47374. Fax number is (765) 973-1517. EXHIBIT GE 3 OF LA WETZEL CHRYSLER JEEP DODGE RAM 5900 NATIONAL RD E Configuration Preview RiCHMOND, IN 473742616 Date Printed: 2018-03-08 8:1 a AM VIN: Quantity: Estimated Ship Date: VON: Status: FAN 1: FAN 2: Client Code: Bid Number: Sold to: Ship to: PO Number. WETZEL CHRYSLER JEEP DODGE RAM (44766) WETZEL CHRYSLER JEEP DODGE RAM (44766) 5500 NATIONAL RD E 5500 NATIONAL RD E RICHMOND, IN 473742616 RICHMOND, IN 473742616 1 BA -Pending order 002B9 City of Richmond, Indiana TB8064 Vehicle: 2018 CHARGER POLICE RWD (LDDE48) Sates Code Description MSRP(USD) Model: LDDE48 CHARGER POLICE RWD 32,020 Package: 27A Customer Preferred Package 27A 0 ERB 3.6L V6 24V Wr Engine 0 DGJ 5-Speed Auto W5A580 Transmission 0 PaintlSeaVrrim: PBM Indigo Blue 0 APA Monotone Paint 0 `X5 HD Cloth Bucket Seats wMnyl Rear 120 X9 Black 0 Options: 4DH Prepaid Holdback 0 4ES Delivery Allowance Credit 0 MAF Fleet Purchase Incentive 0 LNF Black Left Spot Lamp 210 • CKD Floor Carpet f /� � f� 125 AWC Fleet Safety Group — .L �� j° /!3/�Ini r� 595 5N7 Saved Favorites 0 4FM Fleet Option Editor 0 4FT Fleet Sales Order 0 142 Zone 42-Detroit 0 4EA Sold Vehicle 0 Non Equipment: 4FA Special Bid -Ineligible For Incentive 0 Bid Number. TB8064 Government incentives 0 Discounts: 357 Officer Protection Package Discount -595 YGF 8 Additional Gallons of Gas 0 Destination Fees: 1,095 V�eepr Total Price: Order Type: Fleet PSP MonthWeek: Scheduling Priority: 1-Sold Order Build Priority: 99 Customer Name: CiTY OF RICHMOND Customer Address: MAIN STREET l A ar j - RICHMOND IN 47374 USA{ (� P '—� Instructions: W�� Note: This is not an invoice. The prices and equipment shown on this priced order confirmation are tentative and subject to change or correction without prior notice. No claims against the content listed or prices quoted will be accepted. Refer to the vehicle invoice for final vehicle content and pricing. Orders are accepted only when the vehicle is shipped by the factory. Page 1 of 1 EXHIBIT WPAGE AGE 4