HomeMy Public PortalAbout181-2021 - Parks - Larkin Greenwood Ford - New Truck AGREEMENT
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THIS AGREEMENT made and entered into this /b day-of Terank2021, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Parks and Recreation, with its office at 50 North 5th Street, Richmond, Indiana, 47374 (the
"City") and Larkin Greenwood Ford, 2350 Park Road, Connersville, IN 47331 (hereinafter
individually and/or collectively referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby agrees to purchase from Contractor a new 2022 F250 Regular Cab 4X4 Pickup 8' Bed SRW
—6.2L V8 Gas Engine Truck with said vehicle being more specifically described on Exhibit"A"attached
hereto and incorporated by reference herein.
Should any provisions, terms, or conditions contained in any of the documents attached hereto and
incorporated by reference herein as Exhibits, 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/or warranties;
2. The City is in receipt of any required affidavit(s) signed by Contractor in accordance with I.C. §
22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION 2. 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 work.
SECTION 3. COMPENSATION
City shall pay Contractor the sum of thirty-eight thousand five hundred twenty-two dollars and
30/100 ($38,522.30) in consideration for the Vehicle specifically described within the Exhibit
attached hereto, inclusive of delivery.
SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by all of the parties hereto and shall
continue until such time that the Contractor delivers the vehicle, in new and working condition,
to the City. Nothing in this agreement shall be interpreted to waive any of the City's remedies
that may be available to it at law or in equity, specifically those pertaining, in any mariner, to
laws pertaining to a purchaser's remedies for the furnishing of a defective automobile.
Contract No. 181-2021
Page 1 of 6
Notwithstanding the term of this Agreement,the 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 manner
its obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
an 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 5. 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 $100,000.00
Page 2 of 6
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000.00 each occurrence
$2,000,000.00 aggregate
Section 2. Property Damage $1,000,000.00 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000.00 each person
$1,000,000.00 each occurrence
Section 2. Property Damage $1,000,000.00 each occurrence
E. Comprehensive Umbrella Liability $1,000,000.00 each occurrence
$1,000,000.00 each aggregate
F. Malpractice/Errors &Omissions Insurance $1,000,000.00 each occurrence
$2,000,000.00 each aggregate
SECTION 6. 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 7. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
Page 3 of 6
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this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION 8. 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 the City determines during the course of this
Agreement that this certification is no longer valid, the 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 9. PROHIBITION AGAINST DISCRIMIINATION
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
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4. That this Agreement may be canceled or terminated by the City and all money
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 10. 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 which may arise in the course of Contractor's performance
of its obligations pursuant to this Agreement.
SECTION 11.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 any suit
arising out of this Contract 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 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 the City in its efforts to enforce
this Agreement, including but not limited to,the City's reasonable attorney's fees,whether or not
suit is filed.
In the event that an ambiguity, 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.
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"CITY" "CONTRACTOR"
THE CITY OF RICHMOND, LARKIN GREENWOOD FORD
INDIANA by and through its 2350 Park Road,
Board of Public Works and Safety Connersville,IN 47331
By: By:
Vicki Robinson,President
By: Printed: JS I1 504/1.r a-
Emily Palmer,Member
By: Title: rev&t,
ce Altb4te-yr
Matt Evans,Member
Date: /i`1'/6 Date: Via/d4 o
APPROVED:
. Sno
Date: iZ 21 7./eZl
Page 6 of 6
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I
t 1 ' 1 SALES QUOTATION I I I �
�� Kl�t' _..._ _ . •Corkin Green_ewood Ford
!GREENEWOOD r4 —._._ - _ i
•••Toll Free 1-877-835 5840 Fax 1.513-732-2868 N -' 1 _. ... ... L.
2350 Park Rood I
_Email:Igfleet'fleetsharepro,com .... . j I
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• ,Date: :11/5/21 ,Phone: I
!To: ' Tacos .._._.._._ IFax: t I- • - - - ....�..
Richmond,City of I
1 I jEman: 'dtowns@rlchmondindiana,gov I !
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j We are pleased to quote the!allowing per the State o/Indiana Quantity Purchase AgreementN041221
2022 Ford F3505uperDuty Pickup Truck - •j - . - i -•
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72we33l2. -- -' '- -- I - - j
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i6.21V-850HCSMPI 16 valve engine with variable valve control•157 amp alternator•650 amp 72 amp hours(Ah)HD battery with run do{ j
protection•Transmission oil cooler•6-speed electronic SefectShih automatic transmission with overdrive,lock-up,driver selection • . ..
1•Rear-wheel drive•ABS&drlvelinetraction control•373 axle ratio•Stainless steel exhaust -
l$teerin¢and6usvensien � -
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:Hydraulic power-assist re-circulating ball steering•4-wheel disc brakes with front and rear vented discs•Firm He sus pension,with AdvanceTrac
:w/Roll StahWty Control electronic stability stability control with antl-roll•Twin 4Beam independent front suspension•Front anti-roll bar•
iFront coil springs•HD front shocks•Rigid rear axle•Rear leaf suspension•HD rear leaf springs•HD rear shocks•Front and rear 37.0•x7S0° ' I i .I
..--w hub covers
ov 132 5 5561 --.. .. _ n - -
Iargentsteelwheelswithhubcovers•LT245/755R37.0BSWASfrontandreartlres•Underbodyw/uankdownmountedfull-size steel spare wheel i
IlifeN :i , i • I
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i4-wheel anti-lock braking system•Center high mounted stop light•Dual airbags,passenger side fronMmpact cancellable airbag,seat mounted
___ _ _ ____I_ _ __ __ _ _ _ I______ __ ___ ___ __
driver and passengerside•Impact airbags,curtain 1st row overhead airbag•Front height adjustable seatbelelts•Securitnck Immobilizer
Comfort and Convenience --- — _--- � " - --- - _ -
i._ --..8•AM/FMste___._-..._'__. I__ _I ._-._..- ___e______...-. I _.___.._.._.• ... _..i..-._. _.. i_.._ _.. _..-._. _____ .!_ _- I.
IAir condidonln reo,dock,seek-scan,2speakers,fixed antenna•Manual tollgate/rear door lock•212V DC power outlets•Analog i t '
!Instrumentation display Includes tachometer,oil pressure gauge,engine temperature gauge,transmission Hold temp gauge,engine hour meter, i
lexteriortemp,systems monitor,trip odometer•Warning indicators Include oil prescore,engine temperature,battery,lights on,key,low fuel, '
.iI - - __._ _ • _. - _._.
door ajar,service Interval,brake fluid,low tire pressure•Steeteering wheel with tilt and telescopic adjustment•Manual front windows with' � ".
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light tint•Variable Intermittent front Windshield wipers•Passenger side vanity mirror•Day-night rearview mirror•Interior lights Include dome I I t
!light with fade,front reading lights•Glove box,frontcupholde,Instrument panel bin,dashboard storage ! I ! -
1$eating and M i Interior _.. _ i
_ .._. _
Seating capacity of •40.20+40 split-bench fronts at with adjustable head restraints center armrest with storage•4-way adjustable driver -
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•seat Includes lumbar support•4-way adjustable passenger seat•Vinyl faced front seats with vinyl back material•Full cloth headliner,full '
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,vinyl/rubber floor covering,urethane gear shin knob,chrome Interior accents j •
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!eserler Feature I• i _ ; , .
!Side impact beams,front license plate bracket,fully galvanized steel body material•Black side window moldings,black front windshield molding j
'•Black door handles•Black grille•2 doors with tailgate rear cargo door•Class V tratering.trailer harness,trailer hitch,trailer sway control ! •
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•'•Driver and passenger manual blackfolding manuaiextendeble tralieroutzide mlaors•Front and rear blarkbumpers,with front tow hooks j
I rear step•Aero-composite halogen headlamps•Additional exterior lights Include pickup cargo box light,underhood light•Clearroat monotone _ •
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paint I, ._.. i i '
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Basic 36 month/36000 miles IPowertratn 60 month/60,000 miles ' I •
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!Corrosion Perforation 60 month/unlimited mileage i Roadside Assistance 60 month/60,000 miles. 1 i I - . I '
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!
,I 2022 F350 Super Duty
!.ON. cols • Pesarlotloa • . Each -So=a1 f
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1 i W3B :2022 Fain Crew Cab 4x4 Pickup 8 Bed SRW-6.21.18 Gas Engine $33,421108, $33,420.08: i - ,
I. J.1 ;2022 F350 Chassis Cab 14,000 GVWR DWR 60.CA : $1,692.001 $1,692.00• I ! ( !
- _ - _
I 1 ; 188 ;Cab Steps 6'Angular $265.00: $265.00:
• 1 i 665 Uplifter Switches • : 5210.00, $210.00: I
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1 : FMW .1 BOO BETWEEN CAB and BODY ! $3,480.00I $3,480.00, I I
t :1 9SPB ;9'Sted Platform Body,Bulkea hdand Rear Hitch 66,058.50. $6,05850'
! 1 : 36T8 '84•Cab to Axle : $695.001 6695.00, f ;
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1 ..._ :Total $45,810.581. i I i.
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` IGSShadow Black I Ipa Race Red ' I 1 .
I (17Magnetic i 1UO Ingot Silver Metallic ;
' j NIBIue3ezns Metallic! r-x Z1 Oxford White I i ;
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jPlease acknowledgeacce-.._ -...-.__ I ...I._._. _ -.. ...
yourptence of the above quotation by signing this document. I. _ - i i I
;Authorized Signature: . • I Title .-_ ._. .. . . - _..1 i I I • I I
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Printed Name: •
I Date: •
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.___ _._-___t.an._.__________._..--.____._.... i ..._- _ _ _ _.-_ _-- -. - __ _1 _.._
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jPleaselxx quotation and copyofyour purchase order la our government sales office at 1-513-732-2868. 1 i ! ! !
IWithln3-Shuslnessdaysyou should receNe an orderwnformatlonfrom our office to confirm your order. I 1
1._ office I -- i- .. - - ! .-.
!If not,please contact our safes at 1-877435.5840. I
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