HomeMy Public PortalAbout197-2019 - QPA Advantage Ford Lincoln - Ford F350PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into this day of , 20
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 Advantage Ford-'
Lincoln, Inc., 2350 Park Road, Connersville, Indiana, 47334 (hereinafter referred to as the
"Contractor"). _
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains 'Contractor to furnish one (1) 2020 Ford F3 5 0 Regular Cab 4x4 Pickup Truck
(hereinafter "Vehicle") for the City of Richmond Code Enforcement Department.
The Indiana State Quantity Purchase Agreement Vendor and Commodity List containing Indiana
State Pre -Approved 1Jquipment Pricing Bids (hereinafter "QPA Bid List") was examined by the
Richmond 00de Enforcement Department. The QPA Bid List is on file in the Richmond Code
Enforcement Department and Purchasing Department and 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 15271 ) to the, Richmond Code
Enforcement Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit
is dated November 15, 2019, and was received November 18, 2019, consists of two (2) 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. }
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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.
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. 197--2019
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No performance of services shall commence until the following has been mete
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 November 15, �2019, Response
CE?chibit. A), provided that Contractor's total compensation shall not exceed Forty-one Thousand
Twelve Dollars and Forty --one Cents ($41,012.41) 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.
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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 INSUItANCE
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, Y
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 sir by any sub -contractors or by anyone directly or indirect1v 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
B. Employer's Liability $1003000
C. Comprehensive General Liability
Section 1. Bodily Injury $1;000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section L Bodily Injury $11000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $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 worm 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
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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 DISCREMONATION
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 loyees for the performance of work under this Agreement of
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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, fora 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. MAN 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 nbtice.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
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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
Ilhis 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.] ,
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Iri 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 pf the
provisions of this Agreement
J J !
IN WITNESS VBEREOF, the parties have executed this Agreement at Richmond, Indiana,, as of the
day and year first written above, altliough signatures nay be affixed on different dates.
`&CITY' " CO CTOR!$
TIC- CITY OF RICI 40ND, ADVANTAGE FORD LI COLN, INC.
INDIANA. BY AND THROUGH ITS Board of 2350 Park Road
.Public worts and Safety Connefsville5,1N 47331
By: By*
Vicki .Robinson, President .
J By: •
h6ty
pal er, Member
Fleet Sales Manager
y: TK1e:
B.
Matt Evans; Member
�biPPROIE Date:_
I]avi .SnowP�11�
,k.
Date: 6 �
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12/13/2019
eXteriartemp, systems monitor, trip odometer *Warning Indicators Include oil pressure,'engineternperature, battery, lights on, key, low fuel,
:door ajar, service Interval, brake fluid, low tire pressure I St;;rl �Zeel with tiltand telescopic adjustment' Manual front windows with
.Please fax quotation and copy of your purchase order to our goverriment sales office at 1
Within 3-5 b us1ness days you should receive an order conformation from our office to confirm your order.
Thank you, z
Advantage Ford Uncoln, Inc
2350 Park Road
Connersville, IN 47331
�EXH ff /A-,