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HomeMy Public PortalAbout117-2020 - Code Enforcement - Larkin Greenewood Ford d-b-a Advantage Ford - 2 SedansPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this /0 day of ® 04%e , 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 Larkin Greenewood Ford DB/A Advantage Ford, 2350 North Park Road, Connersville, Indiana, 47331 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish two (2) new (2020) Ford Fusion sedans (hereinafter "Vehicles") for the City of Richmond Code Enforcement 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 Code Enforcement Department. The QPA Bid List is on file in the Purchasing Division and the Richmond Code Enforcement 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 was received in September of 2020, consists of three (3) 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 and associated options that do not meet all specifications listed on Page 1 of "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. Contract No. 117-2020 Page 1 of 7 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. 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 H. 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 Response (Exhibit A), provided that Contractor's total compensation shall not exceed Thirty-seven Thousand Eight Hundred Seventeen Dollars and Twelve Cents ($37,817.12) for purchase and acceptance of the Vehicles (with the listed and requested options indicated on Exhibit A) 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 satisfactory delivery and acceptance of the Vehicles in accordance with this Agreement. 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; Page 2 of 7 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. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. 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 Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability Page 3 of 7 $100,000 L Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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 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 DISCRIlMNATION 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 Page 4 of 7 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 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. Page 5 of 7 SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry 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. 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 6 of 7 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 parry 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 By: �G . Vicki Robinson, President L By: Emily Pa er, Member By: Matt Evans, Member "CONTRACTOR' LARKIN GREENEWOOD FORD DB/A ADVANTAGE FORD 2350 North Park Road Connersville, IN 47331 ME Title: &:s b 0 APPROVED: Date: �av�idM. Sno At ayor Date: D 27i I/() Page 7 of 7 C�,L"d�_j Quantity Purchase A reement With The State Of In-aiana Vendor ADVANTAGE FORD L- M SALES AND Remit to: ADVANTAGE FORD L-M SALES AND PO BOX 639 CONNERSVILLE IN 47331 Name and ADVANTAGE FORD L- M SALES AND Address ADVANTAGE FORD L-M SALES AND of Vendor. PO BOX 639 CONNERSVILLE IN 47331 Qty Purchase Agreement QPA Number Page 0000000000000000000015271 1 of 15 Requisition Nbr.: Vehicles: SED, SUV, Van, Truck Effective Date: 02/1512016 Expiration Date: 02/1412020 Agency Number: Facility: ASA RFP 16.011 Vendor Telephone Nbr: 877-835-5840 Name Of Contact Pers: VAUNI BLAUT Contact Email: vauni@fleetsharepro.com FAX Number: 513 732-2868 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 an 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 This is an award of a Quantity Purchase Agreement for general passenger vehicles (Mid -Size Sedan, Full -Size Sedan, Hybrid Sedan, Mid -Size SUV, 12 Passenger Van, Utility Van, Full -Size Pickup Truck 112 Ton, Full -Size Pickup Truck 3/4 Ton, & Full -Size Pickup Truck 1 Ton. FOR STATE AGENCIES ONLY. The following link will take you to instructions for IDOA Fleet Service's vehicle ordering process: https://www.in.gov/idoa/2681.htm The vendor agrees to charge the prices listed below for the products and accessories shown on any QPA release received after the expiration date, but issued prior to the expiration date, and postmarked no later than 14 business days after the QPA's expiration date. Free delivery to: Marion County, INDOT Facility in Greenfield, and Camp Atterbury - DNR Quartermaster Facility in Johnson County. Delivery cost per mile, for locations outside of above mentioned, is $1.00 (line item 268, #000000000100253230). Vendor agrees to use MapQuest to determine the delivery mileage from the dealership address (listed below) to the delivery location: 2350 Park Road Connersville, IN 47331 1 99,999,999.00 EA 000000000100330713 Vehicle, Mid -Size Sedan, 2020 Ford Fusion S, 4 OTt ... 18,908.5600 Cylinder, Automatic Transmission, 4 Door 2 99,999,999.00 EA 000000000100272818 Accessory, Mid -Size Sedan, SE Upgrade 915.0000 - 3 99,999,999.00 EA 000000000100252967 Accessory, Midsize Sedan, Remote Start 315.6400. 4 99,999,999.00 EA 000000000100252968 Accessary, Mid -Size Sedan, Reverse Sensing System 269.9000 (Requires SE Upgrade) 5 99,999,999.00 EA 000000000100272819 Accessory, Mid -Size Sedan, Reverse Sensing System - 492.0000 Aftermarket (SE Upgrade NOT required) 6 99,999,999.00 EA 000000000100252969 Accessory, Midsize Sedan, Ruby Red Metalic Tinted 361.3900 Clearcoat 7 99,999,999.00 EA 000000000100252970 Accessory, Midsize Sedan, Bronze Fire Metalic Tinted 361.3900 Clearcoat 8 99,999,999.00 EA 000000000100252971 Accessory, Mid -Size Sedan, Daytime Running Lights 41.1700 Sales Quotation I a 4 _ Larkin Greenwood Ford I 2350 Park Raad CannersvillglN47331 Phone 877-05-5840- Fax 513-732.2868 i Fmofh 1971eet@JketrhorePro.com - _ _._ _..i ... _.. -. _ .. __. _..... __._ .. _.____-. .. _.___. ... _.__... -.._. ._.. __.-__.._-. -. , j,.. _ 1 Date: '9/18/20 (Phone. I i j of Rlchmand (Entail ..I,dhillarichmondindiana iov I ------------------- -- -- -- --_ - - - --_ _ --- - -- -- -'- -- - _.. 1 7020Frd Fusion S _ __. _._ ..._. __ -_... _..__-.-. j -" 1 �IVIECNANICAL � � � � �_ - -� I i •�OLNCfAWnson-Cycle 1.1 Hybridwlth eCViTransmlssion• AmPLock Brake System (ABS) Brake Assist a Electric -assist Parking Brake•Four-Wheel DBc Brakes ....... - .. _...._..____. ._'_.. Regenerative:Brake System j j a.. . ..._. .. .. .. _ I............_.- ....._� j... EKTERIDR •____.-_._: _ .. _ .. .i .._ _ . _ _ ..._ ...i _.... .._ .. _._ _ .......... ... .. ... _ _ I lI ._I i --•"Auto Halogen Headlamp with Headlamp CourteWD lay 1Bumpers -Upp� Frontand Rear Body -Color- Door- - - -- - - -�- - - --- "-" - -- """ - --i--" -- Handles-Body-Coior--Easy Fuei"-Capless Refuel•Grille -i Upper Chrome Surround with Chrome Bars -Lower - - i - - - - _Surround=Molded in Color -Black LED Taillampse_Remote Decklld, Release. Rocker Nloldings=Body-Color•Solar Tinted Glass i The Inflator and Sealant Kit Tre P225(SOR17 BSW •Wheel 17 Sparkle SlNer- aimed Aluminum I ..... ---_----. ...___ .__.. _ _ ..P _ .. " . INTERIOR/COMFORT 1 1 1_ _- I I- 1 •(2)4Z"Drver Conflgurabie'LCD Diiplaylntnstrumehf Clusten�(2)12V.PowerpNnts(Medla Binand Rear -Console)== I ::':: - _'_" _ .. -- - . •obin_Particulate,AIr Filter*_Cllmatb Contmi-Dua]-Zone"Electronic Automatic Temperature Contr l.(DEATCIwith f U Undersea[ Heat and AC Ducts and Rear Console Neat and AC Vents •Console -Front Center Console with Fixed L. Armrest and2 Cupholders -Overhead Cansole-Dome tights with Map Lights •Dual llluminated Yaar Vanity Mirrors - FloorMats-Carpet Front Front and Rear Kdol'Gebb'Handlese Glove Bcncwfth Lockable 0oor VIliumiriatedEntry-- .:Instrument Panel,_ .. .. _.. .._ .. i I -Trip Computer-CompassOutslde AlrTemperature Read ut Power Door Locks ; Rear Center Armrest w/2 cup , holders a Rotary Gear Shift Dlal � Scuff Plates -Molded In Color -Front -Door Seat Back Map Pocket -Passenger Seat - "•Seating=SPassenger-Cloth'Seats=74Way Power Drivers'Seat Inluding'Power-Lumbar (fore/aft,-up/down; tilt,` ""'""--'---"- --' "--"----""` "'"-- -' -` ""`- " -- Y B --"reline; 2-wa eatjfore/aftwitltredine)"-4-WayFront-Seat Head- •..Restrains-2PWae Riar.SatH ad Restraints 'PFolddownSplitRarSatback.(6O/40)*Side Door Pockeu y SmartGauge .with EcoGuide_._ _. .. ,. _.._.. 1 ... _ ... - .. • Steering Column Tllj/ lescoping • Steering Wh I R d d t A d Controls Wind . Global Op Cl/I One=Touch-Up/Down From/Rear i SAFETY &SECURITY 7 "'�'Alrbags=Driver &Passenger Knee=Dual"stage Frcnf Driver&"Passeriger=FranESeat Mdudie35ide-lrtip5[t'-Side � -"-"- "-"-" `-"""""-'-"""' - '" `"-- '" -" '• — - I AlrCurtalns � Auto-dimmingReaml6v Mirrorwith CABS Support • Child -Safety Rear -Door -Locks a Configurable Day- Tlme Running Lamps • Individual Tire Pressure Monitoring System (TPMS) • LATCH (Lnwer Anchors & Tether Anchors for • LED Center Hlgh Mount Stop Ugm (CHMSL) • Mirrors-Sidevlew - eody_COlor- Dual Power • MyKey •Perimeter . ' ar r•(front safetyb It reminder) Front and Rear }point Alarm • Re -wind w Defroster stet Safety Belts B tt-Minde Safety Beit' Frontlfelght Adjustable Retmttable SafetyBett FronCSafetVBelt Pretensibners-Rear5at8elt` Pretensioners-_.. '...• Securil.ock.-Passive Anti Theft System SOS Post Crash Alert- --: - - -- - - - - - - _ - I._ )tRIVERASSISYTECNNOLOGY -'•-Adaptive'Crutse'Controlwlth5top-end-ao•AutoLamp'(automaticon/offheadlampsl-1 Ford Co-Pllot360 Includes...---.-.--. -.-Auto-High Beam Headlamps-BUI--(Blind Spot Information System) wlth,Cross-Traffic-Alert-Lane-Keeping System -- -- -"-- --- -- - -------- -- - - ---" - ---- .(includes Lane-Keeping.Aislst,.lane•Keeping Alert. and. Driver Alert).-.Pre-Colllsion.Asist.wlth Automatic Emergency. '..Braking"(AEB) (Pedestrian Detection, Forward Collision Warning, Dynamic Brake Support):- Rear Vlew Camera,• FardPass Connect"' 4G L7E Wi-Fi hoh of connec[su SO devices) -Remote _._.___.-_..._.__.._____._._-.___._._...._. ... _.. _._ - p p jy start, lock and unlock vehicle2-Schedule spedflc times � - "to remotei"start vehicle2:-- Locate parked vehicle2 'Check vehicle status2:• Hill Start Assist• Raln-Sensing Wipers. "-- --- "'- - - "" "" "" - - i r-Rev_erse grWgg5ystem .SYNC!_3=Enhanced Voice Recognition Communicatlon and Entertalnmerlt5ystem _8 LCD - - - " - - - - - -- --- - .Capactive Touchscreen In Center Stack with Swipe Capability Plndrto-Zoom capability Included when equipped with avAabie Voice-ActlGa4ed Touchscieen Navigation 5ystein. App lrik° 911 AssisE°-Apple CaiPlaq}•r and Android - " "" - � - -" " - ...Aut6-Com attblil Smart -Charging USB- orts=two 2 _._-_____. _.____..._......._:-...__...___.._.._...__.__..._...._............._........._. _......-...._...... _......._.._... ......___. _....._. ........... ........_. _.. _. _. ....... _ i....FUNCTIONAL..___.- ActiveNoiseControl •-Audio_-.AM/FM/MP3 with9speak--.5lrlus%M^..Radio!E-5.1.ct button!.Elead... Power-Assistkeedng • Intelligent OII Life Monttor° • Push -Button Start •Remote Keyless -Entry System wIth Trunk-ild ..-Release _... ._ . _ . __.. (Key Fobintegr __Lj oKeyjirrtegrated Keyhead RemoteTransmitter•SecvriCodeTr'Keyless Entry Keypad• -- '---`-------- - - '--- ---' -----------'; Voice -Activated Touchscreen Navigation System with SiriusKM"TrafficandTravel Link°-i---_..... ........ .. ._ _.._...._.. -. ... ... :. ..._... .. .. _.. ..... .__. .....__... .... _ .- _ ._... ._ Basic 36 month/36,000 miles Powertrain 60 Month/60,000 miles i- Item .._ Description h .. _. Total I 2 , FOG 2020 Ford Fusion S $18,90856 $37,817.12 !. I Additional Options 0 1 Initial Charge Package -Required $1,98H.00 $0.00 ... ._ ..-........""' _. __....._. _..... ......., .. .. .. .......... __.._... ..___. _.. 0 2 SOlA Equipment Group(Appearance Package) $335.00 $0.00; ! 0 3 502A Equipment Group(Luwry Package) ; $2,115.00 $0.00' 0 4 SE Technology Package(Req Option SE) $99550 $0.00j _ 0 ! 5 Adaptive Croke Control (Req SETech Pkg) $89550 $0.00 ' f 1 - .ARive Park Assn with Forward Sensing System(Req SELuxuryPkgand SE 0 6 $80550 $0.00 , Tech Package)._.__ _._.. .. ... 0 j 7 Reverse Sensing System (Req Option Hybrid SE) $26550 $0.00 • " 0 8 Reverse Sensing System(Aftermarket SE Upgrade not Required) $492.00 $OAO, ; 0 9 . Navigation Systems with Voice Recognition $71550 $0.D0, 0 10 : Daytime Running tights ! $4050 $0.00; .B 11 Engine Block Heater Plug -In Hybrid $81.00 $0.00 0 12 . Paint Protection Film bu 3M $15750 $0.00 _ ...I 1 13 All Weather Floor Mats-Front&Rear $6750 $6750; ! ! j 0 14 :Cargo Net I ° $2150 $000 50 .___ 0 15 :Remote Start : $31050 5000. I" - 260 DEL Delivery per mile " - _._ ,j. $1.10 $26000 I To[al .. _.._. .. OF