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HomeMy Public PortalAbout167-2022 - Bloomington Ford Inc. - one 2022 Ford Ranger pickup truck (1)PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this,ZNay of�zj� 2022 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 Bloomington Ford Inc., 2200 South Walnut Street, Bloomington, Indiana, 47401-6520 (hereinafter referred to as the "Contractor"). SECTION 1. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to Runish one (1) 2022 Ford Ranger pickup truck with Iisted options (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 Equipment Pricing Bids (hereinafter "QPA Bid List") was examined by the Code Enforcement Department, The QPA Bid List is on file in the 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 44257) to the Code Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit was received October 11, 2022, and which 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 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. The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. Contract No. 167-2022 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 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 Response (Exhibit A) dated October 11, 2022, provided that Contractor's total compensation shall not exceed Twenty- nine Thousand Nine Hundred Forty-eight Dollars and Twenty-five Cents ($29,948.25) for purchase and acceptance of the Vehicle (with the listed and requested options also 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 Vehicle in accordance with this Agreement and as outlined on Exhibit A. 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 sander 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-maj eure 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-rnajeure 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 Y ,imik A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $1.00,000 Page 3 of 7 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. 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 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 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. IlZAN 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 refitted by Contractor in the man er 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 IK. 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. MMSCELLANEOUS 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 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 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 r By. Vicki Robinson, President By: Emily P er, Member By: _ 14att Evans, Member Date: APPRO D: avid M. Ss M or Date: Page 7 of 7 "CONTRACTOR" BLOOMINGTON FORD INC. 2200 South Walnut Street Bloomington, IN 47401-6520 �r r /!._._.__....__.rr 11 /c.._i Printed: Sam S. Roberts Title: 1N Gov't. Sales Mgr. Date: 11-07-2022 Quantity Purchase Agreement With The State Of Indiana Vendor BLOCMINGTON FORD INC Remlt to, 2200 S WALNUT BLOOMINGTON IN 47401 Name and BLOOMINGTON FORD INC Address 2200 S WALNUT of Vendor: BLOOMINGTON IN 47401 City Purchase Agreement QPA Number Page 0000000000000000000044257 1 of 4 Requisition Nhr.: Vehicle: PaliceSUV,L-Duty Truck Effective Date: 08101/2620 Expiration Date: (17/3112(122 Agency Number: Facility: ASA RFP 20-005 Vendor I[]: 0000000036 Vendor Telephone Nbr: 812331-2200 Name Of Contact Pers: SAM ROBERTS Contact Email: looficecarsarn@gmail.com FAX Number: 812-3313377 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 2 99,999,999.00 EA 000000000100382602 Vehicle, Light Duty Pickup, Ford Ranger 3 9%099,999,00 EA 000000000100382603 Accessory, Light Duty Pickup, Step Bars G) 5 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 99,999,999.00 EA 000000000100382604 Accessory, Light Duty Pickup, Running Board 99,999,999.00 EA 000000000100382605 Accessory, Light Duty Pickup, 5-6 in. Spotlights, minimum 75,000 candlepower 99,999,999.00 EA 000009000100382606 Accessory, bight Duty Pickup, Hard -tap Retractahle Bed Covers 99,999,999.00 FP, 000000000100382607 Accessory, Light Duty Pickup, Aluminum Crosses loolbox, Deep well with lochs 99,999,999.00 EA 000000000100382608 Accessory, Light Duty Pickup, Scuba Tank Holder 99,999,999.00 EA OCOCOODOO100382609 Accessory, Light Duty Pickup, Camper Tap 99,999,999,00 EA 000000000100382610 Accessory, Light Duty Pickup, Brush Guard 90,999,999,00 EA 000000000100382611 Accessory, Light Duty Pickup, Push Bumper 99,999,999.00 EA 00000000=0382612 Accessory, Light Duty Pickup, 101A EQUIPMENT PACKAGE UPGRADE 99,999,999.00 EA 000000000100382613 Accessory, Light Duty Pickup, BED UTILITY PKG— POLY Unit Price 25,034.3800 635.0000 295.00DO 625.0000 BED LINER 12 V OUTLET PLUG 99,999,999A0 EA 000000000100382614 Accessory, Light Duty Pickup, FORD CO-PILOT 360- INCL. LANE KEEPING, BLIND SPOT SYS„ REVERSE SENSING SYSTEM, 110v INVERTER 99,999,999.00 EA 000000000100382615 Accessary, Light Duty Pickup, FX4 -- OFF -ROAD PACKAGE 99,999,999.00 EA 000000000100382616 Accesscry, Light Duty Pickup, CARPET FLOORING WI MATS 99,999,999.00 EA 000000000100382617 Accesscry, Light Duty Pickup, ENGINE BLOCK HEATER 99,999,999.00 EA 000000000100382618 Accessary, Light Duty Pickup, REAR SLIDING WINDOW 1 DEFROSTER 99,999,999.00 EA 000000000100392619 Accessory, Light Duty Pickup, 5" BLACK RUNNING BOARDS 99,999,999.00 EA 000000000100382620 Accessary, Light Duty Pickup, FLOOR LINERS, CONTOURED FIT 99,990,999.00 EA OCOODOOOO100382621 Accessary, Light Duty Pickup, SPALSH GUARDS 1 MUD FLAPS, FP/RR 99,999,999.00 EA 000000000100382622 Accessary, Light Duty Pickup, SPRAY-N TOUGH BED LINER 1,695.0000 4y1.X11016741 329.0000 2,095.0000 795.0000 295.OD00 1,052.7100 366.3600 579.6900 1,201.1100 134.4900 83A800 208.6900 588.96DO 148.4090 120.58,30 459.1100 — 99,999,999.00 EA DOOOOODDOI O0382623 Accessory, Light Duty Pickup, RETRACTABLE BED COVER 1,572.1100 99,999,999.00 EA 000000000100382624 Accessary, Light Duty Pickup, 4-CORNER FLASHING 895.0000 STROBES State Form 9955(R1017-08)-Electronic Versian-Appraved by State Board Of Accounts, 2008 A C LO O O ar -'oz sc;. ; _apo:)Hi7 • Q s " n Y � i3 - =nib :- e Q! ° m ass auoyd}fau�g LL` c b LL 'a E r �.. \�■` WN_�G�p oar N p41 _ E 410;s� P�du �9!5 b� 22 o € a 4 a2 ig c _ 0 O w C N E _ v m a n L m Now �t Z�r .Z E Zz T` O_ @ uc�y a® N m5 E a a>�rj"aa f O w es Ci ` c o v w F-� .c �cco OL o G] � N w -- c ILL -� "_ � miZ E a `P C]a- �m iLCR o U O v m tll • En aN- _ y x Y ua toiL u 5 o a O o ¢t 4—'— m Q Omw €tC) mm 5 m R w" Q" � - o r wm' man O O:O - a g 3� ors 'wY. va m 49 LIZ tin ¢dU_w CZpUWl;V11I�.0 -: r J C¢q.df!/I��ti1Jj'"'�y �m I J L LJ.f'..� 47 _ 3��WfoaViz¢¢6 q. —z — .Q--1-,�yC.� v qmU w.LLy 2J LLICff NN _ ] Z�iys I } I � -_�� � rc w z L- ? 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