HomeMy Public PortalAbout136-2023 - Cronin Toyota - purchase of Toyota Tacoma Truck •.
PURCHASE AGREEMENT
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THIS PURCHASE AGREEMENT made and entered into this )7--day of „I , 2023,
by and between the City of Richmond, Indiana, a municipal corporation acting by tfid through its
Board of Public •Works and Safety (hereinafter referred to as the "City") and Cronin Toyota of
Richmond, 5601 National Road East, Richmond., Indiana, 47374 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish one (1) Toyota Tacoma Truck (hereinafter "Vehicle") for
the City of Richmond Code Enforcement 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 June 23, 2023, has been made available for inspection by Contractor, is
on file with the Department of Code Enforcement, 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 June 29, 2023, consists of three (3) 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, uipment, and services necessary for and incidental
to the proper completion of this Purchase Agreement,
Contract No. 136-2023
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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 IL 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 "Exhibit A" for the Vehicle, provided that
Contractor's total compensation shall not exceed Thirty-eight Thousand Four Hundred Eighty-Eve
Dollars and Twenty-five Cents ($38,485.25) for purchase of the Vehicle pursuant to this Agreement,
which also includes the licensing and documentation fees.
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 he 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 he relieved of any other responsibility herein.
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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 $100,000
C. Comprehensive General Liability
Section I. 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
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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) 5-22-1 6.5, 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 VIII. 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;
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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
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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, CRONIN TOYOTA OF RICHMOND
INDIANA BY AND THROUGH ITS Board of 5601 National Road East
Public Works and Safety Richmond, Indiana, 47374
By: /e:( et,:19/666 t°1-"/ By:
Vicki Robinson, President
By: Printed: 4, /Pick, e
y
mily Pal er, Member
By: Title: 3cje 5 /1/10,„„je
Matt Evans, Member
Date: Date:
APPROVED _
r
Date: Oc9/40
Page 6 of 6
- „
Cronin Toyota of Richmond
4,7) TOYOTA 5601 National Road East
Richmond IN 47374
765-966-4569
2023 TACOMA
Tacoma SR
Model:7594
VIN:3TMC7SAN1PIM28B814
'
Stock:N/A "
Engine: 3.5L V6 Engine
Transmission:6-Speed Automatic Transmission MI EXTERIOR INTERIOR
1111111111 Magnetic Gray Metallic Cement Gray Fabric
PRICE FUEL ECONOMY
Vehicle Base Model(MSRP*) $34,515.00
Port Installed Packages&Accessories $2,384.00 2 0
22
MPG 18MPG MPG
Delivery Processing and Handling $1,335,00
Combined City/Hwy " City Highway
Total Price $38,234.00
INSTALLED PACKAGES &ACCESSORIES
50 State Emissions $0.00
FPO
Quick Charge Cable Package $70.00
Quick charge cables are a convenient way to have your smart devices charged while on the go,Contents:•Dual Smart
USE Cell Phone Charger4thone*Lightning USE Cable-3'•iPhorle*Lightning USE Cable-6'•USB-C to USE-A Cable-
3'.
PIO
Bed Lighting Kit $149.00
Why go fumbling in the dark when you don't have The bed lighting kit will effectively light up your truck bed so
you can actually see what you're loading and unloading.' High-performance LED truck bed lighting helps improve
cargo management at night or in dark lotions'Two separate light assemblies each including six LEDs—on the
inside bed walls and near the rear of the cargo area—provide excellent light distribution while loading and
unloading. Precise placement angles illuminate toward important cargo locations. Constructed of high-quality,
durable materials.
PIO
Door Edge Guards $140.00
Help prevent door edge dings and chipped paint with this protective finishing touch•Thermoplastic-coated stainless
steel is precisely matched to the exterior finish' Compression-fitted to door edge contours' Blend seamlessly to
complement exterior styling.
PIO
5-In.Oval Tube Steps-Black $589.00
Whether or not your truck is lifted,you might need a step up.Tube steps ease entry into the cab while complementing
Tacoma's good looks.. 5-in,oval tube steps provide dual-molded and skid-resistant, heavy-duty step pads on both
sides of the vehicle to help channel water off the step-Durable, lightweight aluminum construction is chip-and rust-
resistant;choice of chrome-plated or black powder coat Finish' Meets all Toyota-required load,cyclic and durability
testing.
PIO
gr(.171IBITTPAGE I OF 5 I
3 TOYOTA Tacoma SR-3TMCZSAN1PM2RE014
Soft Tonneau Cover $739.00
Featuring a sleek tri-fold design,the iow-profile soft tonneau cover is easy to install and remove for storage.Use it to
deter theft of your gear and other valuables as well as protect them from inclement weather,i Made from light-weight
aluminum and premium vinyl materials. Easy and quick operation allows you to told it forward when hauling larger
items-Designed specifically for Tacoma.
PIO
ALL-Weather Floor Liners arid Door Sill Protectors $258.00
All-Weather Floor Liners and Door Sill Protectors includes:All-Weather Floor LinersDoor Silt Protectors.
PIO
Paint Protection Film-Hood, Fenders, Mirror Backs and Door Cups $439.00
Genuine Toyota paint protection film helps protect the paint finish from chips and scratches.-Multiple film Layers of
durable,nearly invisible urethane help provide protection and resist discoloration-Designed for specific sections of
the vehicle that are most prone to chipping •Kit includes paint protection film for hood,fenders,mirror backs and door
cups-Paint protection film for the front bumper sold separately
PIO
Total Optional Equipment $2,384.00
Vehicle Base Model $34,515.00
Delivery Processing and Handling $1,335.00
FEATURES
Mechanical& Performance
• 3.5l V6 Atkinson Cycle with Dual VVI-i • 6-Spd Automatic Transmission
• 4WDemand:Part-Time 4x4 Sys w/2-Speed Electronically - Automatic Limited-Slip Differential.
Controlled Transfer Case • Off-road: Hill Start Assist Control(HAC)
• Towing Receiver Hitch, Eng Oil Cooler,Trailer Sway Control • Suspension;Coil-spring double-wishbone front suspension and
• Body Construction:One-piece frame rails with eight cross stabilizer bar;leaf spring rear suspension with staggered
members and fully boxed front sub-frame outboard-mounted gas shock absorbers and stabilizer bar
• Steering:Variable-assist power rack-and-pinion steering • Brakes:Power-assisted ventilated front disc brakes; rear drum
• 4WDemand part-time 4WD(4WD) brakes with tandem booster and Star Safety System.1'
• 6-Speed Automatic'Transmission • Engine.: 3,51.V6 Engine
• Weight Rating:5600 lbs
Exterior
• 16-in Styled Steel Wheels • Projector-beam headlights with turn Daytime Running Lights (DRL)
• Dark gray grille with black surround,and color-keyed heated • Fiber-reinforced Sheet-Molded Composite(SMC)inner bed with
power outside mirrors,door handles and rear bumper steel.outer panels, storage compartments and rail caps,with easy
• Deck rail system with four adjustable tie-down cleats and four lower, lockable and removable tailgate
fixed cargo bed tie-down points • 16-in, styled steel wheels with P245/75R16 tires
• Variable intermittent windshield wipers with mist cycle • Sliding rear glass with privacy glass
• Skid plate(s):on engine/front suspension • Integrated color-keyed tailgate spoiler
Exterior Dimensions
• Overall height 70,6 • Overall width 74.4
• Overall Length 212.3 • Wheelbase'127 4
• Bed length 60.5 • Bed height 19,1
• Bed width(between wheetwells)41.5 • Track(front/rear)63/63.2
Interior
• Fabric-Trimmed Seat,vv/Driver Lumbar Support • Audio-7-in Touchscreen w/6-Spe.akers, Apple CarPlay&Android
• SiriusXM w/3-Month Platinum Plan Trial Auto Compatible
• Fabric-trimmed seats;4-way adjustable driver's seat with lumbar • Dual Zone Auto A/C w/Rear Vents
support;4-way adjustable front passenger seat • Front dual zone automatic climate control with air filter and
• Power windows and door locks individual temperature settings for driver and front passenger
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43 11...1TVIA lacorna 31't-31r1,13ArMar1.46/11514
Audio Multimedia
• Audio—includes 7-in.touchscreen,six speakers,Android AutoT"
&Apple CarPlays compatible,hands-free phone capability and
music streaming via Bluetooth6 wireless technology,SiriusXM4'
with 3-month Platinum Plan trial subscription. See toyota.com/
audio-multimedia for details.S
ToyotaCare
• 24-hour Roadside Assistance $0(NO COST) • No cost maintenance $0(NO COST)
Safety&Convenience
• Toyota Safety Sense P: Pre-Collision Sys w/Pedestrian Detection, • Star Safety System
Dynamic Radar Cruise Control,Lane Departure Alert,Automatic • Driver and front passenger Advanced Airbag System
High Beams • Tire Pressure Monitor System(TPMS)
• Connected Services Capable.4G network dependent. See • Child-protector rear door locks
Toyota.com for details. • Engine immobilizer
• LATCH(Lower Anchors and Tethers for CHildren)includes lower
anchors for front passenger seats on Access Cab and outboard
rear seats on Double Cab
• Class-IV towing hitch receiver, ATF cooler(not available on
manual transmission),engine oil cooler,power steering cooler,
130-amp alternator,4-and 7-pin connector with converter,and
Trailer-Sway Control(TSC) (V6 only)
• Driver and Front passenger seat-mounted side airbags,driver and
front passenger knee airbags and front and rear Roll-sensing Side
Curtain Airbags(RSCA)
Connected Services
• Service Connect —receive personalized maintenance updates • Wi-Ei Connect —includes AT&T Wi-Fi hotspot.Subscription
and vehicle health reports.Subscription required after trial. 4G required after trial, 4G network dependent. Up to 3-month/2 GB
network dependent. Up to 10-year trial subscription trial subscription
• Safety Connect* —includes Emergency Assistance button,
enhanced Roadside Assistance, Automatic Collision Notification
and Stolen Vehicle Locator. Subscription required after triaL 40
network dependent.1-year trial subscription
*202.3 Manufacturer's Suggested Retail.Price,excludes the Delivery,Processing and Handling Pee,taxes,license,title and available or regionally required
equipment..Actual Dealer price may vary.Pricing,specifications,fuel economy,standard features and available equipment are based on information available
when this page was produced and subject to change without notice.
ToyotaCare,which covers normal factory scheduled maintenance for 2 years or 25,000 miles,whichever comes first,is included as part of the sales price of the
vehicle for qualifying buyers.See participating dealer for eligibility and coverage details.
Disclaimer:This document is only representative of some of the information contained on an actual window sticker,and is not meant to replace or substitute for the
actual window sticker on the vehicle.Pease see your retailer for further information.
Create Date:06/27/2023
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