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Home My Public Portal About118-2016 - Police - Palmetto State Armory - Gunsr4 at k, PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this day of , 2016, 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 Palmetto State Armory, 1680 Lake Murray Blvd, Columbia, SC 29212 (hereinafter referred to as the "Contractor"}. SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish fifty (50) AR15 M4 Rifles, one hundred fifty (150) 30 round magazines, fifty (50) canvas single -gun cases, and frfiy (50) Magpul brand slings (hereinafter referred to as "equipment"} for the City of Richmond Police Department. Certain Bid Specifications dated September 23, 2016, have been made available for inspection by Contractor, are on file with the Director of the Office of Purchasing, are hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Bid Specifications is attached hereto as "Exhibit A", which Exhibit is dated September 28, 2016, consists of consists of one (1) page, 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 equipment 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 equipment. 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. No performance of services shall commence until the following has been met: 1. The City is in receipt or any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. SECTION U. 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. I M2016 Page 1 of 5 SECTION III. _OMPEN ATI City shall pay Contractor the quote amount described on "Exhibit A" for the equipment, provided that Contractor's total compensation shall notexceed Twent pursuant Thousand and Three Agreement Fifty Dollars o and Zero Cents ($28,35o.00) for purchase equipment SECTION M TERM OF AGREEMLN-1 This Agreement shall become effective when signed by all parties and shall continue in effect until delivery and acceptance of the equipment. m of this Agreement, City may terminate this Agreement in whole or in part, for Notwithstanding the ter cause, at any time by giving o at least five (5)working days written notice specifying the affixtive date and the reasons for termination which shall include but not be limited to the foilowiag: 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 c. unavailability of sufficient funds to make payment on this Agreement. shall be required to make payment for all work performed prior In the event of such termination, the City to the of ective date by Contractor, but shall be relieved of any other responsibility herein. This Agree ment 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. SECTION V. tt�tt�FNINIFICATrnN 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 erns from the tided, ohow [vets than nothing duct or performance contained e "f this this Agreement, either intentionally or negligently; Y; Proagents, or Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, ag employees. Contractor shall as a prerequisit set fob Agreement, wh purchase May a.� out thereafter result from the insurance as will protect it from the claims sub- contractor's operations under this indirectlygemployed by anther such y of them, or by anyone for whose acts the ations by the Contractor C contractors or by anyone directly Contractor may be held responsible. Covers e JAMS A. Worker's Compensation & Statutory Disability Requirements Page 2 of 5 B. Employer's Liability C. Comprchensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $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. COMPL[�►.�1C E M-TH 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 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: Page 3 of 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 die 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 (S5.00) 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 LIABUM Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the some from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. iGS—C->I•-LLANEOU 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 Fling 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 Iimited to City's reasonable attorney's fees, whether or not suit is filed. Page 4 of 5 Sales Order order 1440653 Date 9128=16 K. Terms At Time of Sale Palmetto Slate Armory Customer PO 1600 Lake Mumrrayy Blvd Columbia SC 29212 Subsidiary Palmetto United Stales Shipping Method UPS Ground Ship Date 9128/2016 Tracking S FFL Number PFL Expiration Date 4-JiL_ ticjiK'1i•a ; S S r;� J1?y — Ma orJon Sales Vicki n i son xi 1 ' Imond Indiana Police Department Cit50 North 5th Street RichmondSl50 North N 47374 Richmond IN 47374 �•�1 u.l `.y4 �". ,1 1 � �; � • l itrli`r1� ,jS: �.�3y;71::'- fir.+T">ril j��_7�1•S'i' �+1'^ t tYM 1j-IL 1 7,t; •7 �t '!' a`3. > _ S' ��.!'�.,L.Sf.'.C: 'a4`. i. �. n Ilh•{.+..i + t.•. i rS '`it; i ��IE%00t.u1 2415000 PM ARal S t M LE So 3 i � AR1S WAN CAN PSW RNIs LE j PSAM�ppAR-IS i 150 6 3 1P5AAIpadti:llR•1537]IS36 000 i Oaa ?33f M Akxr6 mn I AMn+Yaan d1ad1 TeRan 301d Capsay ! B" TiWn Sad Cap I k • PSA 3S'S Ylpla Go" I 5a ' FJ ° PSA 36• Gan Caw ffw3* • f s0 00 ! 3,000A0 I ca.. r, _ uaoze� R° I i f �zaaaal•fjal , � 3 Sing I AIapp,� A123 Scalp W1GMZ • f ch I 41 W t,10000 ' WAGSI4 BLK 4aLK ! ! f I i I 1 � � Subtotal 28,350.00 Shipping Cost (UPS Ground 0.00 Total $28,350.00 �'TPA—G E - Ecq - I Phone.-425-888-9999 Fax: 425-888.9970 Web: www.paimettosiatearmory.com 9 ;q—tr 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 Vicki Robinson, President By By Date: /07�-'/4 APPROVED: t avi . Snow, Ma o Date: / 0-1 l — { `'p Page 5 of 5 "CONTRACTOR" PALMETTO STATE ARMORY 1680 Lake Murray Blvd Columbia, SC 29212 By: Joldl—� Printed: _' 4 ,,k CJ-c - Title: Nt� r Date: /r /(o