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Home My Public Portal About030-2020 - Fire - Testing for Public Safety LLC - Professional consulting and testing servicesPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this _ day of A^' , 2020, 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 Kelley Automotive Group, LLC, DBA Kelley Chevy, LLC, 552 Value Drive, Fort Wayne, Indiana, 46808 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) red 2020 four-wheel drive Chevy Tahoe SSV (hereinafter "Vehicle") for the City of Richmond Fire Department. A request for quotes made in December of 2019, and made on February 12, 2020, has been made available for inspection by Contractor, is on file with the Purchasing Department and the Fire 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 February 15, 2020, consists of three (3) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to comply with all terms and condition_ s contained in "Exhibit A." Delivery of any Vehicle and associated options 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 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. 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. Contract No. 32-2020 Page 1 of 6 jP 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 "Exhibit A" for the Vehicle, provided that Contractor's total compensation shall not exceed Thirty-seven Thousand Eight Hundred Ten Dollars and Zero Cents ($37,810.00) 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, which delivery is anticipated to be completed no later than early April, 2020. 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. Page 2 of 6 F 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. 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 E. Comprehensive Umbrella Liability Page 3 of 6 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 $1,000,000 each occurrence $2,000,000 each aggregate t SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LA 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 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. 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; Page 4 of 6 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 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. Page 5 of 6 I `_ J 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 Vicki Robinson, President By: EmilA Palmer, Member By: #J Matt Evans, Member APPROVE Date: 0.3 0q /2,0zo Page 6 of 6 "CONTRACTOR" KELLEY AUTOMOTIVE GROUP, LLC, DBA KELLEY CHEVY, LLC 5220 Value Drive Fort Wayne, IN 46808 By: Nd fAa&4 Printed: mctrk T. Title: /- le L ! CS �% r, Date: aw " o� CITY Off{ RI[tC:�-01�Y► OND (� . 54) P4,orth Fifth Street THUS IS NOT AN ORDER VENDOR 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 an(! the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full nave, address, and phone number beloly udth 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 alcove by the specified date and time to be considered unless otherwise specified. DATE Pebrusty 12, 202{? REPLY 19UST RE IN ebr'uar = 2t 2 20 b� 12:0 noon (DELIVERY REQUIRED t)til,IVEREL) � PAYMENT TEIINIS UPON RECt:I1'T Uf INVOICE QUANTITY CATALOG NO. DESCRIPTION UNIT PRtCR TOTAL 2020 4WD Chevroiet Tahoe- RiehEJltotid Fire 0 lV f a ofA Department (see attached) 3 1 ; , '6 Bids way be either mailed or brought to the Purchasing Dept. at 50 North 5th Street, RiclJnrond, IN 47374 or e.mailed to lcnaesSle6' 43r1r lirltQ}JDCIEtb{�i�86Ji.1;OV to Me at- tentioJe of Kara Messier, Purcltasii)g, f1�tle try PRYCE RwE--'O- UEST 83 X t lIi< KARA, Mil SSLER PIJRCHASING MANAGER State Tax ExempDtimi No. 003121909-001 NAME OF PIRM QUOTING 1)ATR -- - In k efar I/ f a?:�--` P'`V 00 �V ILA; To: Ms. Kara Messler; Purchasing Manager City of Richmond -- Fire Department 50 North Fifth Street Richmond, IN 47374 Phone: 765-983-7200 E-mail: kmessler(a)richmondindiana.gov P0 8 U 19 P N E 8 119 E L I Quote/Purchase Agreement Date: 15-Feb-20 Quotation MLTN-20-082 Expire Date: From: Mark T. Wright 5220 Value Drive Fort Wayne, IN 46808 Phone: 260-437-9218 E-mail: i-nwright@kelleyauto.com Salesperson Pool Job Type In -Stock Bid/FAN Number Approx. Delivery Date Mark T. WrightOn -ORDER Municipal No - On Order F. W. ITB # 4416 Late March - Early April Qty Item # Description MSRP Discount Line Total 1. 0 °GM Order 4: XGWWQ1 - 2020 Tahoe SSV 0 $49,850.25 12,160.25 37,690.00 1 in Victory Red with additional options as shown i ion accompanying 2020 Model Year Pricing 'Worksheet. IThis unit was ordered in September 2019 to be a stock unit for Kelley Chevrolet who holds a Contract with City of Fort Wayne which contains Clause" allowingfor Municipal ti , °Vehicle Sales, Statewide. 1.00 2 ;Delivery from Fort Wayne to Richmond, IN .. ........ $139.50 $ 19.50 $ - - ----- 120.00 I based on Bid Quoted Rate of $ 1.50 per Map - 'Quest Mile 95 miles @ I..50=$ 139.50 JDealer;Fee§1. 1.00 ;Tire Tax !Indiana Tire Tax $0.25per tire Included. Included .00 j Documents; Dealer Documentation Fee Waived. Waived - ------- Total Discount i S 12,160.25 Quotation prepared by: Subtotal' Sales Tax� $37,810.00 EXEMPT; To accept this as a Purchase Agreement, please sign here and TotaUl return: Thank you for the opportunity to earn your business KELLEY CHEW; LL C "? 0 - 0 SOT S City '& Fora Wayne ITB # 4416 2019 MY Effective February 19, 2019 2020 MY Effective June 14, 2019 2020 Chevrolet Tahoe SSV Vehicle Description: 2020 Chevrolet Tahoe "Special Service Vehicle" SUV 4X4 Model CK16706 5W4 Standard Package1EcluIprnent Group 1FL 5W4 Rase Vehicle Package Reguireinents Manufacturer Option Code Option Description E85 5.3L v.8 EcoTec3; Act. Fuel Mgmt. (4 cyl. -- 8 cyl. ), Direct Injectlon & VVT AZ3 Cloth Front 40/20/40 Bench Seat -. Rear cloth seat Center 20% DELETE & vinyl rear seat available - no cha e RKE Remote Keyless Entry 6.11 100 AMP Main Power Supply to Instrument Panel and Rear of Vehicle PZZ PPV/SSV Specific Skid Plate from front bumper to first frame crossmember Protects front of engine and oil pan RD6 - RC3 - RC4 17" Steel wheels with 17" All -Season Blackwall tires & full sizes are BG9 Vinyl floor covering 105 Bluetooth capable radio UD7 & UVC Rear-view camera w/audlble sensors UTJ Theft -deterrents stem SHP Standard for Fort Wayne Contract Six 6 extra keys K14 110-volt outlet 150 Watt Z82 HD Hitch receiver UEO On -Star DELETE R9Y "FREE" Fleet Maintenance DELETED G60 Locking Rear Differential V76 Standard for Fort Wayne Contract Front Tow hooks K5T tAuxiliary 730 CCA Battery Total Cost for City of Fort Wayne Specified Base Vehlele Additional Options Available * $ 33,990.00 Description Option Code Additonal Cost Max Trailering Package NHT $ 660.00 Requires PZX 18" Aluminum wheels Front Bucket Seats w/Premium cloth & center console A95 $ 0.00 18" Aluminum wheels . Includes 1 B" AIISeason tires PZX $ 68 0.00 EXTREME Off -Road Pkg. -18" AL %vhls.. Art tires - Z71 Susp 9G3 - PZX - RIB $1,200.00 Z71 OH -Road package -17" Steel wheels & RC3 A/T tires 9G3 $ 580.00 17" Ail -Terrain Tires RC3 $ 280.00 17" All -Terrain Spare Tire 4JQ $ 90.00 Engine block heater K05 $ 90.00 $ 750.00 Enhanced Driver Alert Package PCW Rear door locks inoperative 6N6 $ 80.00 $ 350.00 Remote Start BTV $ 30D.00 Carpeting w/carpeted mats B30 Rubber All -Weather Floor Liners AAK $ 300.00 Rear window switches Inoperative 6N5 $ 90.D0 Driver's side spotlamp 7X6 $ 540.00 Left & right side spot lamps 7X7 $ 890.00 Auto headlamp & DRL delete 9G8 $ 00.00 S 220.00 Auxiliary dome tamp RedlWhite 6C7 Head & taillamp flasher sys. Comp. W/DRL ( Wig -Wag) 6,17 $ 660.00 Keyed alike Fleet keys ( two choices) 6E2 or BEB $ 40.00 NOT compatible with2D14 &prior years Auxiliary speaker wiring WX7 $ 80.00 Six (6 ) additional remotes AMF $ 120.00 $ 0.00 170.00 Grille Lamps & Siren Speaker Wiring Harness 6J3 $ Horn & Siren Circuit Wiring Harness 6J4 $ 20.00 Molded splash guards - front & rear VQK $ 450.00 Special Paint -Solid Color TGK $ 23 0.OD Victory Red Exterior Body Parts ( Requires TGK) 5T4 Dark Blue Metallic Exterior Body Parts ( Requires TGK) 9V7 $ 280.00 Content theft alarm - Disable UTQ $ 70.00 Auxiliary ground studs UT7 $ 100.00 One (1 ) "FREE" Service visit & tire rotation NO - R9Y $ 40.00 OnStarCapabilities 1UE1 $ 175.00 Additional options included: $ 3 700.00 Total Price as ordered: $ 37 690.00 f AI T Dealer F Contact Phone P Delivery: within lin miles: 3 1.JUl m11C - I - GJ" euw. w . ....... - ----------- --- Mark T. Wright Toll Free: 1-800.553-6539 Direct; 260-496-6491 Cell; 260-437-9218 Contact Email 5220 Value Drive Dealer Address , At nFa `r 4 _ Ka ,1. v 9 � u r' Fort Wayne, IN 46808