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HomeMy Public PortalAbout102-2012 - Fire - Wetzel Dodge - New Command VehiclePURCHASE AGREEMENT r` THIS PURCHASE AGREEMENT made and entered into this � day of , 2012, by and between the City of Richmond, Indiana, a municipal corporation acting q and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Wetzel Dodge, 4706 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) 2012 Dodge Ram 2500 DJ71-191 4" Crew Cab 149" SLT New Command Vehicle (hereinafter "Vehicle") for the City of Richmond Fire Department. A Request for Quotes dated July 17, 2012, has been made available for inspection by Contractor, is on file with the office of the Chief of Fire, is hereby incorporated by reference, and made a part of this Agreement. Contractor's response to said Request for Quotes was received on or before July 31, 2012, is attached hereto as Exhibit A, consists of seven (7) 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 its July 31, 2012, Response. 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. 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 this Agreement 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. Contract No. 102 -2012 SECTION 11. 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 amounts described on Contractor's July 31, 2012, Response (Exhibit A), provided that Contractor's total compensation shall not exceed Thirty-one Thousand Four Hundred Sixty-nine Dollars and Zero Cents ($31,469.00) for purchase of the Vehicle pursuant to this Agreement. This Agreement shall become effective when signed by all parties. 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 by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 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 A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $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 $1,000,000 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 VIL 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. SECTION VIII. 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 IX. 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 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 By: Vicki Robinson, President By: Dian Lawson, Member Anthony L. Foster, II, Member Date: F—Z-3 -2— APPROVED:i��. Sarah L. Hutton, Mayor Date: �� '� "CONTRACTOR" WETZEL DODGE 4706 National Road East Richmond, IN 47374 1.2 Title: o` `Y�� ��`o �2 Date: 3--2 J —12— 7/17/2012 18E29 FAX, 7859837212 CITY OF HIGH FINANCE �10021003 `� OW W�OND EXHIBIT PAGE OFCr „ Q Narkh Fifth gir t PRICE REQUEST 17kWmoud, badiana 47374 (7" 983 7240 Tms'is NOTAN ORDER Cow >SgaWW=C! Group Attu' 'Brad Rabb son t 1111a is a iequ= for a prise or gpote Ii3r the services or tnargKW s deed beto'w. Any arldlt =al epedfWations my be-aft&ed hem. 'Elsie is not as order atd tie 0V mm%lca ft e*d to WCV all f&- pm% or dxliae them(hv propomL Piem cowlett y0ty dill name, addm% and phone tombs r below with sign*urc; ftrt = all- rkm aud aigtgm where raqucaed; and A#mh explanation fbr any fffttitudoa to specirfiratlomra abseil PIeme rest n in tart of Ptimhu* to the act ebava by the specified date and time to bo tomidemd unless o&erwim op8t~i£ttd,. PAYME" TERMS QUAWnTY 1 A G No I DWRWIMN I .MCI& I TOTAL COS a vrMC.L&t= DEPARTMENT (see seed) - please list lead fim and dellyery &=v, if any. Bids amta be mailed orfamd W tba W=dca of old Rob'm m at (765) 9M7289, 5Q Nth 5th Sit, Richm=4 IN 41574. I PRICE REQUEST' 11.ea.o�-rm g19-11D�y PIA ; QR m UO'l'ING BY ` VICIa ROBINSON -t7� . URCffAS�1'Q� DIRECTOR ' AUTHORIZ13D BY "f= DATE Slate Tax Nzkcmmptiom NO.00312190"01 Phone. No. _ EXHIBIT PAGE OF Prepared For: MIKE CRAWLED RICHMOND FIRE DEPARTMENT RICHMOND, IN 47374 Phone: (765) 983-726 4 Prepared By: Smd Robinson! Wetzel Twoks 4706 National Road East Richmond, IN 47374 Phone: (765) 269.2855 Fauc (765) 962-4854 Emaid: hrobinsor@wetzeWuAo.corn 2012 Ram 2500 DJ7H914WD Grew Cab 149'a SLT . �: .iii�RlaihrY 'br17'H�rt�yrtl�elaa^:�iF =. EXHIBIT PAGE LA OF cot!* Modow m9ftp Di7H91 20t2Re m 2W0DJ7H9} 4VD Crow Gab 449' St.T m.738.00 Code Options mmp W NATIONAL DELIVERY Saoo NAS 50-STATLr0W$WAif3 SQ00 F.ZC &. 7L SW V8 HEMI ENGINE WNARIABLE VALVE TIMING $0.00 DFp S-SPEED AUTOMATIC 7RAAMMSStON VOW $D.07 26G 26G SLT CUSTOMER PREFERRED ORDER SEI CTION PKG moo DME $ 73 AO;tE= RSLT70 4W 00 4 S 17'X aO' STEEL CHROME CLAD WHEELS $0.00 T T3 L72d&70M?EALL-Si=A$= BW TIRES $0.00 APA MONOTONE PAINT $0.00 PR4 FIAME RED so.w M9V3 DARK SLATlrJMEDIUM GRAYSTONf: INTEMOR CLOTH 4002ar40 PREMIUM BENCH SEAT $M.02 AHD HD SWW PLOW PREP GROUP ses�ao MRT MOPAR CHROM>; TUBULAR SIDE STEPS 5moo XMF SPRAY4N BEDUNER 3¢TS 41? Adu�rf/Aa►uslrn�ts �-� TOTAL PRICE S4ASM00 F'st City mpg Eafffbhwar. Est HoAffly Cn9ft RM96 M VEHICLE ;REPORT 2012 Ram 2M u.i Hg1 Own crew cab 14V SST STANDARD EQUIPMENT Mechanical 5.7L SMPI V8 Nemi engine w/variable valve timing P6-speed automatic transmission w/OD (REQ: EZC Engine) 1.73 axle ratio Electronically controlled throttle l/' ND engine cooling I , T start [% Next generation engine controller Transmission oil cooler Electronic shift-onthe-fly transfer case" �onventional front axle / (/` Conventronalrearaxle �.5" rear axle ring gear diameter �850olt front axle -Vol'ur--wheel drive VII *V 30-amp maintenance -free battery te-'1"60-amp alternator ' A *'pickup box !/"�ilertow wiring wXpin connector 'Y7-pin wiring harness Trailer brake control Class W receiver hitch /Zn8600# GVWR jID front shock absorbers r ylD rear shook absorbers Vront stabilizer bar LlPwr steering ts' Pwr 4-wheel enti-lock disc brakes Exterior /%l7" x 8A"steel chrome clad wheels ' 2:T26,:V7:0RI7E alF�season 85W fires /'6e0 1 er hub EXHIBIT PAGE OFF • 1/EH,IC.LE .REPORT zoiz �m 2sa©o,Hsi awu cmw ca» t� sir STANDARD EQUIPMENT EXHIBIT PAGE ,QF steel spare wheel Front wheel spats v /Rear wheel spats I /Full size spare fire v' ranch -type tire carrier Bright front bumper • 8ng ro 'j Frynt bumper sight shields •/Black -out tape PIrk nt air dam Bright grille 6�Zalogen headlamps / P Automatic headlamps t,,My color headlamp filler panel 6--dargo lamp ;� o -away pwr heated mirrors -inc: black minor caps Tinted glass Body color fuel filler door Bodycolor/chrome door handles 3rlable speed intermittent windshield wipers SLT badge of license plate bracket • Pwr sliding roar window Locking tailgate Vendor painted cargo box tracking Entertainment Media center 133 -inc: AM/FM stereo, CDIMP3 player ' SIRlUSXM satellite radio w/1 year service , �(6) speakers V' Audio input jack �ixed long mast antenna Interior •`VEHICLE REPORT, za,2Rom 2600DJ7K914WD C1tewCal) 149-sLT` STANDARD EQUIPMENT EXHIBIT PAGE -(I-OF ` Cloth 40/20/40 split bench seat Rear folding bench seat Carpeted flaorcovering Fron & rear fl�.heel poke steering J steering column ?'entry Key theft deterrent system {ristrument cluster w/display screen t/1+` Vehicle into center • Temp & compass gauge Travelerlmini trip computer ' 120 MPH primary speedometer PIr accessory delay r`ZW rwindows wlli ont one -touch up & down rlocks R to keyless entry � aed control ' Air conditioning V2V pwr outlet Vearview day/night mirror Premium vinyl door trim w/map pocket OcolbrinstruRmemAfpanel bez ` verl assenp ger assist handles k9ii ivisor vvanitymirror ting Chrome accent shift knob Vnd row in-ffoorstorage bins �,Xar underseat compartment storage Safety Supplemental side air bags Supplemental front seat side air bags SSup lamental side curtain front & rear air bags Child safety door locks C/Front height -adjustable shoulder belts Tire pressure monitoring display �IDual-note hom