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Home My Public Portal About189-2018 - Police - Flethcer Dodge - 8 New Charger Police Carsa PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this X day of kqVAt&yf, 2018, 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 Products Inc., 3099 North Morton Street, US 31 North, Franklin, Indiana, 46131 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish eight (8) 2019 Dodge Charger Police Cars (hereinafter "Vehicles") for the City of Richmond Police Department. 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 Specification Response (through .QPA Quote 15272) to the Richmond Police Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit is dated October 2, 2018, consists of five (5) 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 Vehicles 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. 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.189-2018 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 amount described on Contractor's October 2, 2018, Response (Exhibit A), provided that Contractor's total compensation shall not exceed One Hundred Eighty-one Thousand Nine Hundred Sixty Dollars and Zero Cents ($181,960.00) 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. Properly 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 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and Page 3 of 6 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. 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 Page 4 of 6 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. [Signature page to follow.] 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 21'�41 r By: Vicki Robinson, President By: Richard Foore, Member By: milt' Palme Member "CONTRACTOR" Fletcher Chrysler Products Inc. 3099 North Morton Street, US 31 North, Franklin, IN 46131 By: By: Title: �'e I Seri APPROVED: Date: /Lh 2Ch SnW Ma Date: ( 3 O Page 6 of 6 CHRYSLER DODGE JEEP BAN October 2, 2018 City of Richmond 50 North 5th Richmond, IN 47374 CHI2YSLE12 Jeep -fly q� 11120IZ61? Quote for the purchase of 2019 Dodge Chargers: 2019 Dodge Charger Pursuit RWD V6 Vinyl Rear Seat Carpet Black Left Spotlight Power Heated Mirrors Additional Key Fobs $22,745 x 8 = $181,960 Please.let me know what questions you have. Thank -you, Keith Fox Fleet Manager "Where Everybody Gets a Great Deal" U.S. 31 North • 3099 N. Morton St. - Franldin, Indiana 46131 Phone: (317) 738-4170 a wwwfletcherchlysler.com xSIER BODGE REP RAH 2019 Standard Exterior Color Options Dodge Charger Pursuit Indigo Blue Max Steel Bright White Granite Crystal Metallic Destroyer Grey Bright Silver Metallic Octane Red Toro Red Pitch Black Grand Caravan Billet Silver Metallic Bright White Black Onyx Granite Crystal Metallic Indigo Blue Octane Red Durango Diamond Black Billet Silver Metallic Bright White Redline Red 2-Coat Pearl a;a .•_a R.fl Granite Crystal Metallic "Where Everybody Gets a Great Deal" U.S. 31 North o 3099 N. Morton St. o Franldin, Indiana 46131 Phone: (317) 738-4170 o wwwfletcherchrysler.com OMTSIER DODGE AEp Ruff F i, t _ A .> 1 '��` — State QPA Pricing 3.61. V6 RWD Yx $22,282 5.71.V8 RWD _x$23,350 5.71. V8 AW D _ x $24,512 Option Pricing Driver Side Ballistic Door Panel _ x $2,115 Convenience Group 1 _x $432 Passenger Side Ballistic Door Panel _ x $2,115 Steel seat back panel insert _x $121 Full Size Spare Relocation Bracket _x $130 Front Reading/Map Lamp —x $67 Engine Block Heater _x$86 Carpet 4f x$112 Security Alarm _x $135 Black Left Side Spot Lamp x $189 Street Appearance Group —x$337 Black Right Side Spot Lamp Tx$189 BSW Performance Tires _x $162 LED Spot Lamp _x $324 Entire Key Alike'Fleet _ x $135 18" Wheel Covers _x $36 Rear windows/door handles deactivated, lock operable _x $67 Power Heated Mirrors x $54 Vinyl Rear Seat if x $108 L� Call for Pricing on the Integrated in Dash 12.1 Display Screen "Where Everybody Gets a Great.Deal" U.S. 31 North a 3099 N. Morton St. o Franldin, Indiana 46131 Phone: (3 �_7.3$:4170 o www.fletcherclnysler.com Xo IIBIT { M-O k n# s J Quantity Purchase Agreement With The State Of Indiana Vendor FLETCHER CHRYSLER PRODUCTS INC Remit to: 3099 N MORTON ST FRANKLIN IN 46131 Name and FLETCHER CHRYSLER PRODUCTS INC Address 3099 N MORTON ST of Vendor: FRANKLIN IN 46131 Qty Purchase Agreement QPA Number Page 0000000000000000000015272 2 of 3 Requisition Nbr.: Vehicles: SED,SUV,Van,Police Effective Date: 02/09/2016 Expiration Date: 02/08/2019 Agency Number: Facility: ASA RFP 16-011 Vendor Telephone Nbr: 317/738-4170-- Name Of Contact Pers: Keith Fox Contact Email: K.FOX((DFLET( In accordance with your bid, submitted in response to the above referenced solicitation, the Vendor agrees that the Indiana Department of Administration, Procurement Division, has the option to purchase the items listed below under the terms of this agreement. The Vendor agrees to charge these prices for any products ordered on any QPA release received after the expiration of the QPA but issued prior to the expiration date. The quantity listed herein is an estimate of the requirements. The state may order substantially more or substantially less pursuant to the terms of this agreement. Orders are to be delivered only upon receipt of properly approved Quantity Purchase Award Release. Line Number Quantity UNIT Article and Description Unit Price 22 99,999,999.00 EA 000000000100312488 Vehicle, Police Pursuit Sedan, 2019 Dodge Charger, 6 22,282.0000 21,664.0000 Cylinder, 4Dr, Rear -Wheel Drive (RWD) 23 99,999,999.00 EA 000000000100252635 Accessory, Dodge Police Pursuit Sedan, 8 Cylinder 1,018.0000 Rear -Wheel Drive (RWD) 24 99,999,999.00 EA 000000000100252636 Accessory, Dodge Police Pursuit Sedan, 8 Cylinder 2,056.0000 All -Wheel Drive (AWD) 25 99,999,999.00 EA 000000000100252637 Accessory, Dodge Police Pursuit Sedan, Vinyl Rear 108.0000 Seat 26 99,999,999.00 EA 000000000100252638 Accessory, Dodge Police Pursuit Sedan, Driver Side 2,115.0000 Ballistic Door Panel 27 99,999,999.00 EA 000000000100252639 Accessory, Dodge Police Pursuit Sedan, Passenger Side 2,115.0000 Ballistic Door Panel 28 99,999,999.00 EA 000000000100252640 Accessory, Dodge Police Pursuit Sedan, Class 1 585.0000 Receiver Hitch 29 99,999,999.00 EA 000000000100252641 Accessory, Dodge Police Pursuit Sedan, Full Spare 130.5000 Relocation Bracket 30 99,999,999.00 EA 000000000100252642 Accessory, Dodge Police Pursuit Sedan, Engine Block 85.5000 Heater 31 99,999,999.00 EA 000000000100252643 Accessory, Dodge Police Pursuit Sedan, Security Alarm 135.0000 32 99,999,999.00 EA 000000000100252644 Accessory, Dodge Police Pursuit Sedan, Matching Right 189.0000 Side Spot Lamp 33 99,999,999.00 EA 000000000100252645 Accessory, Dodge Police Pursuit Sedan, Black Left 189.0000 Spot Lamp 34 99,999,999.00 EA 000000000100252646 Accessory, Dodge Police Pursuit Sedan, Led Spot Lamp 270.0000 35 99,999,999.00 EA 000000000100252647 Accessory, Dodge Police Pursuit Sedan, Entire Key 126.0000 Alike Fleet 36 99,999,999.00 EA 000000000100252648 Accessory, Dodge Police Pursuit Sedan, Street 337.5000 Appearance Group 37 99,999,999.00 EA 000000000100252649 Accessory, Dodge Police Pursuit Sedan, Black SideWall 162.0000 (BSW) Performance Tires 38 99,999,999.00 EA 000000000100252650 Accessory, Dodge Police Pursuit Sedan, Convenience 432.0000 Group 1 39 99,999,999.00 EA 000000000100312486 Vehicle, Police Pursuit SUV, 2019 Dodge Durango, 6 27,810.0000 25,817.0000 Cylinder, 4Dr, All -Wheel Drive (AWD) 40 99,999,999.00 EA 000000000100252652 Accessory, Dodge Police Pursuit SUV, 8 Cylinders 2,576,0000 41 99,999,999.00 EA 000000000100252653 Accessory, Dodge Police Pursuit SUV, Towing Package 625.5000 State Form 9955(R10/7-08)-Electronic Version -Approved by State Board Of Accounts, 2008 Quantity Purchase Nreement With The State Of Indiana Vendor FLETCHER CHRYSLER PRODUCTS INC Remit to: 3099 N MORTON ST FRANKLIN IN 46131 Name and FLETCHER CHRYSLER PRODUCTS INC Address 3099 N MORTON ST of Vendor: FRANKLIN IN 46131 Qty Purchase Agreement QPA Number Page 0000000000000000000015272 3 of 3 Requisition Nbr.: Vehicles: SED,SUV,Van,Police Effective Date: 02/09/2016 Expiration Date: 02/08/2019 Agency Number: Facility: ASA RFP 16-011 VendorlD: 0000067121 Vendor Telephone Nbr: 3171738-4170— Name Of Contact Pers: Keith Fox Contact Email: K.FOX@FLETCHERCHRYSLER. =AV kh—k— 4471744_n4VA_ In accordance with your bid, submitted in response to the above referenced solicitation, the Vendor agrees that the Indiana Department of Administration, Procurement Division, has the,option to purchase the items listed below under the terms of this agreement. The Vendor agrees to charge these prices for any products ordered on any QPA release received after the expiration of the QPA but issued prior to the expiration date. The quantity listed herein is an estimate of the requirements. The state may order substantially more or substantially less pursuant to the terms of this agreement. Orders are to be delivered only upon receipt of properly approved Quantity Purchase Award Release. Line Number Quantity UNIT Article and Description 42 99,999,999.00 EA 000000000100252654 Accessory, Dodge Police Pursuit SUV, Parkview Rear Back up Camera 43 99,999,999.00 EA 000000000100252655 Accessory, Dodge Police Pursuit SUV, SiriusXM Satellite Radio 44 99,999,999.00 EA 000000000100252656 Accessory, Dodge Police Pursuit SUV, Engine Block Heater 45 99,999,999.00 EA 000000000100252657 Accessory, Dodge Police Pursuit SUV, Daytime Running Headlamps 46 99,999,999.00 EA 000000000100252658 Accessory, Dodge Police Pursuit SUV, Skid Plate Group 47 99,999,999.00 EA 000000000100252659 Accessory, Dodge Police Pursuit SUV, Single Disc CD Player 48 99,999,999.00 EA 000000000100252660 Accessory, Dodge Police Pursuit SUV, Trailer Tow Group The following UN/CEFACT Unit of Measure Common Codes are used in this document: EA Each of Purchasing Officer Date Signed Authorized Signature Indiana Department Of Administration Procurement Division 402 West Washington Street, Rm W468 Indianapolis. Indiana 46204 Signature Of Office Of the Unit Price 985.5000 175.5000 85.5000 36.0000 265.5000 405.0000 760.5000 OM State Form 9955(9-1-Q-08 -Electronic Version -Approved by State Board Of Accounts, 2008 E kBIT PAGE C—Gr