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Home My Public Portal About119-2023 - Fletcher Chrysler Dodge Jeep Ram - 4 2023 Police Pursuit 3.6L V6 AWD Dodge Chargers PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this day of \role._ 2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Wodcs and Safety (hereinafter referred to as the "City") and Fletcher Chrysler Dodge Jeep Ram, 3099 North Morton Street, US 31 North, Franklin, Indiana, 46131 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish four (4) 2023 Police Pursuit 3.6L V6 AWD Dodge Charger Vehicles with the selected options, including, but not limited to floor carpet, power heated mirrors, cloth front/rear vinyl seats, side spot lamps, and extra non-key alike fobs (hereinafter "Vehicles") for the City of Richmond Police Department. Contractor's Proposal to the City of Richmond Police Department (sought under special purchasing methods in accordance with IC 5-22-10) received April 19, 2023, is attached hereto as "Exhibit A", which Exhibit consists of fifteen (15) 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 Vehicles 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 Vehicles. 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 pro er 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. Contract No. 119-2023 Page 1 of 7 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) received April 19, 2023, provided that Contractor's total compensation shall not exceed One Hundred Thirty-nine Thousand Eight Hundred Twelve Dollars and Zero Cents ($139,81.2.00)for purchase and acceptance of the Vehicles (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 Vehicles in accordance with this Agreement and as outlined on Exhibit A. Satisfactory delivery is expected to be within one (1) year of the issuance of the Purchase Order. 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 hinds provided under this Agreement; d. suspension or termination of the grant .funding to the City under which this Agreement is made; or Page 2 of 7 • 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-majeure event occurs and the results or aftereffects of said event causes the perfonriance 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 $1.00,000 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 Page 3 of 7 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 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; Page 4 of 7 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 e 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. IR.AN 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 5- 22-1.6.5, 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 obiligations 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. Page 5 of 7 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" "CONTRACTOR" THE CITY OF RICHMOND, FLETCHER CHRYSLER INDIANA BY AND THROUGH ITS Board DODGE JEEP RAM of Public Works and Safety 3099 North Morton Street, US 31 North Franklin, IN 46131 By: Vicki Robinson, President By: CA, Emily P mer, Member Printed: 't By: Matt Evans, MemberTitle: ) Mir Date: Date: tei.ZA APPROVEp: -Davi Sno ay_dt, Date:_ Page 7 of 7 . ,,, ' al re'V SAL.t .irk ,,,,,,,,opilitial filikliStilt illOntili ATP RAM Fletcher Pricing 2023 Pursuit Charger 7,7 - 71 !.,i,14 ;11 , 1 b i , ,, - "aj-,,,, 316"';','- " , 7,----. :,.. '''',''IV L'2'.'!-t-t.:,-,-..d,.!it, - ' .., :e4'' 4 ' , ..7,--- (sdi ' p ' -- r ,,— , / .. .,._. ---- ,. Charger Pursuit 3.61 V6 AWD 4($34,067 Charger Pursuit 5.71 V8 RIND r-."$35,119 Available Options Driver Side Ballistic Door Panel __x$2,635 Convenience Group 1 ____a$540 Passenger Side Ballistic Door Panel x$2,635 Steel seat back panel Insert a$150 Full Size Spare Relocation Bracket x$165 Front Reading/Map Lamp _ a$85 245/55818 BSW Performance Tires x$200 Floor Carpet <a$140 Security Alarm a$165 Street Appearance Group _a$420 Cloth Front Seats w/Rear Vinyl _Va$121 Fleet Safety Group x$105 Black Left or Right-Side LED Spot Lamp Ylix$385 Additional Non-Key Alike Fobs if,x$1/0 18"Wheel Covers x$45 Deactivated Rear Door/Windows a$85 Power Heated Mirrors er a$70 Police Floor Console _ x$840 Max Flow Package _a$170 Full Length Floor Console x$350 Delete Spare lire _(-$100) Entire Fleet Alike Key Fobs _ x$160 Cloth Front Seats w/Rear Vinyl __a$121 "Where Everybody Gets a Great Deal" 31-k13:5, tilloPrioAl$ U.S. 31 North - 3099 N. Morton St. 0 Franklin, Indiana 46131 Phone: (3 r7) 738-4170 0 wwwileteherchrysler.corn S 13 ci .gl Z. [EXHIBIT 14 PAGE i 31-71 I ____ , mccM 3, 11:17Pw CITY oFmoHwnwo Mail Fletcher cxryole,oPx �� "� ��`�X��AU A�mhaTonuc <atnnuo@r�hmmndind|anagmv> `��` �� Fletcher Chrysler QPA 1mnssoge Shelby Eckart<o.00kort@0etohonohrym|ecnom> Wed,Apr 18. 2O23at8:22AyW To:''aVonuc@riohnoundindiana.gov"<etonuo@huhmondind|ona.gnv> Good Morning, | am aware the city of Richmond has been waiting for our OPA for the police vehicles. | have spoken with our fleet manager Keith Fox and he let nna know that Fletcher Chrysler has won the state bid for Durangos, and Chargers. With this being said we no |onger have a {lPAto send to police departments, but if there are any other questions feel free to reach out! Thanks ShelbyEckort PAGE OF Z j x«nv:i/moi|.gouglo.o^nvmumumnw=7mgf2z1ueu,ie°=poaxnamo~q|(mpo,mmid~m,apu'r17nnmurzoozcorx11oc%rcmao'r1rmxoorznaczo7o11uzuo�., 1/1