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HomeMy Public PortalAbout137-2022 - Larkin Greenwood Ford - new truck PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this "ZS day of , 2022, by and between the City of Richmond, Indiana, a municipal corporation acting b and through its Board of Sanitary Commissioners and Sanitary District Storm Water Management Board (hereinafter referred to as the"City")and Larkin Greenewood Ford,2350 Park Road,Connersville, IN 47331 (hereinafter referred to as the"Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to provide one(1)Ford Transit Utility Van pursuant to the attached proposal tendered by Contractor, which is attached hereto and incorporated by reference herein as "Exhibit A". Contractor agrees to comply with all terms and conditions contained in"Exhibit A". The Indiana State Quantity Purchase Agreement("QPA")with the State of Indiana was examined by the Sanitary Department. 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. 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. 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. Contract No. 137-2022 Page 1 of 7 SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A", which is the sum of fifty- seven thousand four hundred sixty-seven dollars and 70/100 ($57,467.70), fifty percent(50%) of which shall be paid by the Board of Sanitary Commissioners, and fifty percent (50%) of which shall be paid by the Sanitary District Storm Water Management Board in consideration for the vehicle specifically described within the Exhibit attached hereto, inclusive of delivery. SECTION IV. 1'ERM 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, which delivery shall occur within a commercially reasonable timeframe from execution hereof. 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 manner, to laws pertaining to a purchaser's remedies for the furnishing of a defective automobile. 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. 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. Page 2 of 7 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 $100,000 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 1. Bodily Injury $1,000,000 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 Page 3 of 7 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 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. Page 4 of 7 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. 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 7 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 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. [Remainder of this page intentionally left blank. Signatures to follow on page 7]. Page 6 of 7 "CITY" "CONTRACTOR" The City of Richmond,Indiana, by and Larkin ee wood For through its Board of Sanitary Commissioners ?�� By. � iG // ,, , - e`Miiler,President (Printed): Lezaii&k Dated: 1Z-3/2_-?..___ Title: P 5/4 2 4 Aman Bakshi,Vice President in .,Ad ok JL`''.— Dated: Li Dated: " cin , Member Dated: 8r; �-- T ' APPROVED: 1 M. Sn , or Dated: (J 8 Z 702Z Page 7 of 7 „ RKHN Larkin Greenewood Ford SALES QUOTATION GREENEWOOD .o, p�ii:�� 2350 Park Road,Connersville,IN 47331 .:�+ ' Toll Free 1-800-798-2378 _� Email:shurley@larkin-ford.com t `L >•� Date: 8/22/2022 Phone: 765-983-7483 To: Elijah Welch Fax: Richmond Sanitary District 2380 Liberty Ave Email: ewelch@richmondindiana.eov Richmond,IN 47374 2023 Ford Transit FunctionalCAB Alternator-150-amp*Auxiliary Fuel Port*Brakes—4-wheel anti-lock disc brakes*Frame Rail Extension Adapters* Fuel Tank—Capless fuel fill, 25 U.S.gallons(midship)*Horn—Dual-note electric ”Steering—Power Rack and Pinion *Battery Single Battery— 70 amp-hours(Gas Only) *Suspension-Front—Independent MacPherson-strut,stabilizer bar*Rear—Leaf springs,heavy-duty gas shock absorbers"Tires-235/65R16C 121/119 R BSW All Season(SRW)*195-75R16C 107/105 R BSW all-season(DRW)"Wheels-16"steel- SRW—Steel Wheel with Black Hubcaps -DRW—Silver Steel with Silver Front Hubcap-Full-size spare tire&wheel Exterior Body Side Moldings—black"Bumper-Front—Black,molded-in-color with lower valence-Rear-Black,molded-in-color with integral step(Low Roof)Rear-Black, molded-in-color without integral step(Medium&High Roof)"Doors-60/40 hinged,passenger-side. Low roof only-Sliding passenger-side.Medium and high roof 50/50 hinged rear,180-degree opening.Regular Wheelbase.50/50 hinged rear,237-degree opening.Long wheelbase and long wheelbase EL*Grille-Black with black surround *Exterior Lighting-Halogen head lamps with Black Trim-Roof Marker Lamps—Included on dual rear-.wheel models and single rear-wheel CA and CC-Center High Mount Stop Lamp(CHMSL)"Mirrors-Short-Arm Dual Power *Windows/Glass,Solar Tint All-aroung*No Cargo Area Windows-Rear-window' Windshield Wipers=Variable interval intermittent Interior Cargo Area Tie Down Loops'Complete Headliner*Console—Center stack console with integrated shifter *Glove Box* Instrumentation—Tachometer,fuel level and coolant temperature"Steering—Tilt&telescopic column polyurethane 4-spoke wheel* Step well pads—black plastic"Sun visors—Vinyl Trimmed.(Illuminated with Wagon XLT) *Air conditioning-Front only -Front and Rear —Standard on All Wagons Except Low Roof RWB XL Trim(K1Z/K1Y with 301A)*Audio-Antenna—fender mounted - AM/FM stereo, digital clock,audio input jack 2 Front Speakers-6 Speakers(2 Front/4 Rear)* Door-Locks and Windows -Autolocking Drive Away with Crash Unlocking(Not Available with Manual Locks)"Power Equipment Group(Power Locks and Windows)with Remote*Keyless-Entry* Floor Covering-Vinyl,Front only(Rear Vinyl Floor Covering Delete)-Vinyl,Front and Rear-Carpet Floor Mats"Inside Rearview Mirror Included(When Equipped with Rear Glass).Included with any window combination AND audio pack ft19 and above for Van and Wagon and Chassis Cab.Included with less rearview camera on Chassis Cab.Included with rearview camera on Cutaway when ordered with audio packs 19 and above.-Not Included(When Equipped Without Rear Glass)*Interior Lighting-Front Dome Lamp with Map Lights and Theater Dimming-Rear Compartment Lighting-Accessory Delay—30 minutes*Powerpoint-12V,one in instrument panel,one in center console-12V,one located in rear of vehicle*Rearview Camera-Rearview camera with trailer hitch assist(rear view mirror 90B display when no rear-door glass and audio pack without multi-function display) Seating&Trim Driver and front-passenger manual reclining bucket seats with adjustable headrest.Includes driver-side inboard armrest.* Seating Capacity-2 Passenger-8-passenger—Standard with Regular Wheelbase Wagon(Low Roof receives narrower 2nd row.Medium Roof receives wider 2nd row)-12-passenger-Standard with Long Wheelbase Wagon-15-passenger—Standard with extended-length Wagon*Passenger A-Pillar Grab Handle*Center Console*Headliner—Cloth, front only"Headliner—Cloth,full-length*Front Overhead Console(not included on low-roof models) Safety/Security Driver and Passenger Airbags*Passenger-side airbag cut-off switch(Not available with seats delete or right hand door delete)*Safety Canopy°side-curtain airbags "AdvanceTrac°w/Roll Stability Control" (RSC°) *Side Wind Stabilization*Tire Pressure Monitoring System(TPMS).SRW Only.*Hill Start Assist*Safety belts—3-point, all positions"SOS Post-Crash Alert System'"(distress call w/airbag deployment)Requires SYNC°or SYNC°3. Warranty Basic 36 month/36,000 miles Powertrain 60 month/60,000 miles Corrosion Perforation 60 month/unlimited mileage Roadside Assistance 60 month/60,000 miles Exhibit A 2023 Transit _ Code Description Each Total 1 ElY 2023 T150 Transit Utility Cargo Van 130"Wheelbase $38,795.72 $38,795.72 1 R1X. High Roof-Utility Van $5,200.00 $5,200.00 1 99G 3.5L Ecoboost V6 $1,576.20 $1,576.20 1 63E Dual Heavy Duty Batteries $263.44 $263.44 1 59D Perimeter Anti-Theft Alarm $138.42 $138.42 1. 544 Heated Mirrors w/Turn Signals-Passenger Van $196.46 $196.46 1 86F 2 Additional Keys-Passenger/Utility Van $66.98 $66.98 1 61D Front and Rear Split-View Camera-Passenger Van $1,013.56 $1,013.56 1 60D Adaptive Cruise Control ASLD-Passenger Van $674.22 $674.22 1 43R _Reverse Sensing-Passenger Van $263.44. $263.44 O 96D Load Area Protection-Utility $513.48 $0.00 +513.48 1 90D Power Outlet 110V/400w-Utility Van $424.18 $424.18 1 68J Extended Length Running Boards-Utility Van $584.92 $584.92 1 . 58B Sync 4 with AM/FM 12"display.Bluetooth,Dual USB Embedded Voice Recognition and $883.56 $883.56 Connected Navigation(90 Day Trial) 1 55D Front Fog Lamps-Utility Van $102.12 $102.12 1 R1Y T-250 Low 148"WBRWD-Utility Van $1,975.80 $1,975.80 1 63C Dual Alternator-Utility Van $750.36 $750.36 1 68B, Remote Start $439.56 $439.56 1 87A Power Outlet -Utility.Van $13.32 $13.32 Non Contract Options 1 X7L 3.73 Limited Slip Axle $288.60 $288.60 1 53B Heavy Duty Tow Package $430.68 $430.68 1 18P 50/SO Hinged Rear Door-253 Degree Opening $66.60 $66.60 1 655 Extended Range Fuel Tank $253.08 $253.08 1 60B/85B Flooring Heavy Duty Cargo&Heavy Duty Scuff Plate Kit $821.40 . $821.40 1 66C D-Pillar Assist Handles $53.28 $53.28 1 47T Bulkhead and Lockable Door $1,238.76 $1,238.76 1 17P Cargo Tie-Down ooks $22.20 $22.20 1 67E Large Center Console $173.16 $173.16 1 66D Front Overhead Shelf $66.60 $66.60 1 41B B-Piller Assist Handle $22.20 $22.20 1. 15F Full Rear Compartment Lighting $66.60 $66.60 1 62C. Auxiliary Heater/AC Prep Package $88.80 $88.80 O AFM Aftermarket Install of Heating and Air-Price TBD $0.0D $0.00 O AFM Aftermarket install of shelving units-Price TBD $0.00 $0.00 Total $56,954.22 BY'-School Bus Yellow X YZ Oxford White +$513.48 UM Agate Black PQ Race Red M7 Carbonized Gray Metallic UX Ingot Silver Metallic New Total$57,467.70 DR Avalanche Gray Metallic -ME Abyss Gray Metallic FT Blue Metallic -MT Blue Mist Please acknowledge your acceptence of the above quotation by signing this document. Authorized Signature: Title:. Printed Name: Date: Please email a signed copy of the quotation and copy of your purchase order to shuriey@larkin-ford.com.You will receive an order confirmation within 3-5 business days from our office to confirm your order. If not,please contact our sales office at 1-800-798-2378. Thank you, Stephanei Hurley Government Sales Larkin Greenewaod Ford 2350 Park Road Connersville,IN 47331