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HomeMy Public PortalAbout044-2023 - Kelly Automotive - 2023 Chevy Silvarado PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this _/6; 'day ofLj , 2023, 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 'EEC d/b/a Kelly 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) 2023 Silverado 250011D VT pickup truck (hereinafter "Vehicle") for the City of Richmond Fire Department. This purchase and/or project is undertaken in response to the public health emergency and/or negative economic impacts resulting from the pandemic. Resources dedicated to this purchase and/or project fight the pandemic, sustain and strengthen the economic recovery, maintain vital public services and make investments that support long-term growth, opportunity, and equity. A request for quotes, dated February 8, 2023, has been made available for inspection by Contractor, is on file with 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 was received February 8, 2023, consists of two (2) pages, and 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 that does 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. 44-2023 Page 1 of 6 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 I.I. STATUS OF CONTRACTOR Contractor sh111 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 Forty-five Thousand Seventy-five Dollars and Zero Cents ($45,075.00) 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. satisfactory delivery and acceptance of the Vehicle. 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, far any reason of the Contractor to fulfill in a timely and proper manner its oblignions 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 6 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 6 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. 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 VIE 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: I. 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 tinder this Agreement on account of race, religion, color, sex, national origin or ancestry; Page 4 of 6 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. 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 Page 5 of 6 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" "CONTRACTOR" THE CITY OF RICHMOND, KELLEY AUTOMOTIVE GROUP LLC INDIANA BY AND THROUGH ITS Board of D/B/A KELLY CFIEVY, LLC Public Works and Safety 552 Value Drive Fort Wayne, IN 46808 „ (:)1/2/1,,( le- By: Vicki Robinson, President (.. ' Printed: , . eL, r WAL Emily 1.3.'lmer, Member By: Title: F e 6- r n 0 0.4 ial“ fil ' , ,.., k Matt Evans, Member Date: I -' (,'. /—- Date: V ///,/ c2,z3 APPROVER: LI -- ------ 'Tt5vid M. SfWicayor /Date: Page 6 of 6 C= i . i _P\ Quote/Purchase Agreement . =---_,/ ___,7 __Jr I r-7 BUSINESS CHEVAPOLEr , Date: 8-Feb2 ' '! '1''' ' Quotation M. MUN-23-231 FROM: To: Mr„ Joe Buckley, Interim Assistant lire Chief Mark "F. Wright City of Richmond/ lire c'?z,EMS Department 5220 Value Drive 101 South 5th Street Fort Wayne,Indiana 46808 Richmond, IN 47374 Phone: 260-437-9218 Phone: 765-983-7541 E-mail: ibuckleyarichmondindianaeoy E-mail: mwright@kelleyauto.com Salesperson Pool Job Type In-Stock FAN Number Approx. Delivety 1.)-an , Mark T. Wright Stock Municipal Yes- M1754 ' :,03359 , March 2023 Qty Item II Description MSRP Discount L.,ine Total l ! « , 1.00 BIR„XMVIII 2023 Silverado 3500111,1 W/T Crew in Red $54,163.00 $9,088.1 PO $45,075.00 M1'754 It it w/6„61., Gas engine, 18" aluminum wheels, Auxiliary Battery, Black side steps, Back-up alarm and Snow plow prep pkg. PLEASE REVIEW INCLUDED "BUILD/ 1)RIIIIIr NG WiI)RKSIFIEET'' FOR THIS TRUCK Dealer Fees 1.00 Tire Tax Indiana Tire Tax — $0.25 per tire included included 1.00 Documents Dealer Documentation Fee Waived Waived o,pikoiioktpil ihiioii1,i,m,iioi,imiiiti 4u,mi,,0wiiNo„l i os,,iteir*Ar, ,i r,i fA 0,tt 1,q,,,,'t0,,,It1,1,,Ad^1„'VI 1,d,/,^0 6r,h,,o 46d,40,,i1,,m0l(„e1 4 0 pC5i,,i0,d,i0i,,$A0,1i,0icifi0(f4i00ci0,m,001 1,10li )(7 .otal Discount S 91088 ,1 yaing4 Subtotal $ 45,075,00 Lot,I!,11100 1111,1?:milg4,111110111,10;;1,,,,,,,i,,,I 0 0,40,4f4dgmoy 1,,,,,,p,ii,,,:0,0011,,,Iiive,e01,41141(0 0,00i4fr? 0001101,090040,011,104,000NORONON106000)100$Of Otiii#4, 10,11,011051111100,01+4,1,1000000,040,0001#4,04100401*,00011,00,00041,0004 Sales Tax Total $ l',X1-.,...MPI 45,075.00 100‘16,(1,1,u:„, ,i10,11110illu;,„;,,111,111,,,,,,,,,,,440,00041,,,,,o0104.444#031,6601014:1z,40,000000,004,06A,#1,,, 4',1.1z‘:;,11010,Ih'':111701,111,0111,141,1,1:0100iiiii;OPPR,t1,100101100,5,14,1101,010),01,i,?pr:41,1i ompligualop0000to444"1,,,4,::'looppollootOrtyrt viol?109 ifi9 ) pioNtomalsomito„1, 001,41044400,,k1toit$0,040,1*,,,, toioti 14, 0 ookett:10),,kiwgozotia006040,04 ,060wAmoisyy in tp,/,*ifiiiti )1y y Pio 0,0„,,„%tpill[!][11,91rvir,01110 VPM1,1"f,',0”ii4N",01'of) IP;1 ,,,v,',), y),'Ijii,T1 pApu '!/ i if,6)11 eii Thank you for the opportunity to earn your business ! I ! ! Kelley Chevy, LLC !EXHIBIT pi PAGE • MONS lAV(1 Vehicle Descri tion IIIIIIIIIIINI 2023 Chevy Silverado 3500HD Crew L/13 4X4 Silverado 3500HD 11,500 Lb. Minimum G'VW Model CK30943 Standard Packa e/E« ui «ment Grou « zomrmrgrapwin-zanaRRFFF5GFFFvj7iyi,RfiLip,gmkpggwpa'ppgrrprPfNAepf ipp,MPNWPIrre#4071"r1711191111111,9,1114," " fl A' IW rWiP,MI p Diesel Entine 13-20 omµ«atible L5P ' . t.Durar a� Turbo V- e�n,,. 445H /910 Tor ue Positiveiva traetterk leafa l 080 ,o ie:'re r differential , r 'T' ( ; ';ad 'aL; ' ri `''` » , Pour . ;k- total 0,, ` I 'm ' ;," i r% , ,, f , , n;,,, `1Fo, i ,1 `;' W/ i ! ;' : ,4, , r, , "o , r," Z2' ' 1; Class ,receiver,wfCI JJ ,reducer 18"Wheels , ,'',,A1i-Terra n tire' ' PYT& . ,"'Wet i tires Plow .rep 1011111111111111 Snow Plow Pre,., *'lc t, Skid +later Under od transmission transfer case 'roteetion - Sira _o'ubdlinr, ,CON ,,I 'at '' elnr=, .... ��+ � �� a e Turn si l alTrailer towirM mirrors: Side Steps .. Black W"Wor " side ate' ,. , . Factory Back-it 0 .rro 53� Factory installed 97 db Back-u alarm ssssarspepasxsferasrqrrtosfrrfirfRgirrrbilpplfrd �"«wo" , A, nA„,;,,„,„� ilykelltepelelelelelelelpo �1 u 1, �NNio Ay,1 ArAl M � tl ' wwwl mwwwtww ` � m �aw �m� u � d i MN" I , � � I ' Vw1 M u � m' IW �," d8 �NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII u B u u odio � e ' � � asS rp `�'Pi �, M A � ;,%� ; I1,l;' ,/< ,,I, IW � .. MI,a .� k�I�' - ' , h „ r r w i, rm' � iv ; ; £ % „ r re;v�„ re/', raeiG% pr' % " „ W . "i N P BI I I d °� o PI P � � � N" i Y"IxIN 'N . . Il w l � �°IMW u Iuul i.,w ,Ilm m I � od, 4#4,4W044Rolla :Ott,C !Via' i t bill bo 1N4 R ; - `aX3 " 4 $ 1, 0„00 Credit i t "YP � �" IlIU 40 wl dP O 111 Um � 4 ,addiliddiu l,61,1igiiiiikiniLnlikav it 1,,did WA p „da � r, „7; r ; xn wJ a r r, ,v �; w PIp fir`ry^di '�t a ' �`, !I� 'w'4!VV�I IiliiiiipwV iu Ii Plulll rmI�IoIIMM Ni'aw .,1 0x m11II1 miI4 IIVIY 6446 �r ''A a gasv0' '�% ''1,,,i '�III '••IYuI� W' W loll 16i�7�Nk I' NN ��TRW ➢r V m'II II�IIIIVInIR4HIWl!N ��6tliuN� �l °l� �u m'uMp �I xl d R,� d�'plml WII6� ,Ili 'reduction eri ,d; Nov. -- T►ec. 0 2 m� „,pro',4I� II x� �I ,' ''� 1 u�W�I �ry„ e::'�u ry o�mi n .,,wwm'' w»;aPw'"��tivum�4liiiuu'd"��4,000duoi „„1ll��xi�l•�0.C' xM .�mh, � 6 I��� ,,,,,,,,-„,,,„,1„..,,p,,,..,,„,„;,..„„„.....,„„,,,,,,„porlirorrIA. . . yrforlittolli00,4400111r,,Prrelogoo. meemmptoiaieyekyeqpemmo!mFlof4pv 4,,q0,0 lei RE ii.) Re 1,11' vi fp),,jil,filrof,,11. 1,,,,,Nliii oil.10 0.'.0 NI,,,r.,, 011101001,110.40,11,1 40, l I il I ' � IdlI II 1m i ,. 11 01010010 C ' w I m � M$,00,0,001400,4111411 r I W � , V i Iw � 444/411444 Dealer Name Kelley Chevy, LLC Contact ntact Names Mark T. Wright / Corey Reichard Phone Numbers 1 3)-2 0-4 6-6 91 Cell,260-437-9218 218/1-2+ 04 - 481 Cdt 2 0437-36 1 'Contact E-mails mwri ht®kel�leyaut .c m / creichar @helleya tu.enr ►eater Address 5220 Value Drive Fort Wayne, IN46808 ,„.. ...