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Home My Public Portal About198-2017 - Fire - CPAT Distribution - CPAT testing services'a AGREEMENT THIS AGREEMENT made and entered into this 29 day of QeGe nv�u� , 2017, and referred to as Contract No. 198-2017, 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 CPAT Distribution, Inc., 24365 lst Avenue, Murrieta, California, 92562 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor as a sole source provider to furnish CPAT testing equipment ("equipment") and to provide proctor training services in connection with said equipment (the "Project") for the Richmond Fire Department. City requested a quote from Contractor as a sole -source provider and Contractor's response to said Request for Quotes, dated December 12, 2017, consisting of three (3) pages, is attached hereto as Exhibit A and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The Aluminum Extension Ladders (24'-DUO-Safety 900A) and C1imbMill (Matrix C3x) and associated shipping, as stricken and redacted from Exhibit A, shall not be purchased by the City. 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 the proper completion of all work specified, with the exception that City shall provide the forklift needed to off-load certain items as further described on Exhibit A. 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/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. 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 work. Contract No. 198-2017 Page 1 of 6 SECTION III. COMPENSATION City shall pay Contractor a total amount not to exceed Thirty-five Thousand Three Hundred k Eleven Dollars and Ninety Cents ($35,311.90) for complete and satisfactory performance of this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective upon complete execution of this Agreement and shall continue in effect until delivery and acceptance of the equipment and until completion of the Proj ect. 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards 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 date this Agreement is terminated, 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. 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 ' ?Ian— y\4e_= U)e_(A0h Y�na�U-�ec��v C� A4_ t(r fmeeki - A�,��4_ LI)�h CP��N�lh.S�K�rtC-0 • �.0 ay-e_ Q. 51 7uSOXy-'erodL-�Y U Page 2 of 6 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 $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. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify Page 3 of 6 program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. 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 IX. 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 Page 4 of 6 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 money 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 X. 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 which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither parry may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. 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 any suit arising out of this Contract 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. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Any person executing this Contract in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. Page 5 of 6 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 in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, 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: Richard Foore, Member oster, II, Member Date: APPROVED: k bavid5f. Sno�,�Yor Date: Z Z / "CONTRACTOR" CPAT DISTRIBUTION, INC. 24365 1" Avenue Murrieta, CA 92562 By:—Q J-�A� Printed: (Pan a c Al Title: ry�cY)a Date: �-�L- 2Tl , O I Page 6 of 6 CPAT DISIRIBUTION, INC 24635 1 st Avenue Murrieta, CA 92562 8449737874 cpatdistdbution@gmail.com www.cpatdistribution.net ADDRESS Richmond Fire Department 50 North Fifth Street Richmond, IN 47374 ESTIMATE # 1573 DATE 10/23/2017 EXPIRATION DATE 11 /22/2017 SHIP TO Richmond Fire Department Training Facility 1740 South 8th Street Richmond, IN 47374 Attn: JLP 765-983-7541 Please detach top portion and return with your payment. SALES REP Patricia Alvarez DESCRIPTION OTY RATE AMOUNT Hard Hats Al BLS Al Blue Advent Helmet #164800931 Kentucky Blue 5 129.99 649.95 Caribiner 4 3/8" Carabiner: #96594 1 33.00 33.00 Ultra Safe Ladder Lanyard 1 665.00 665.00 Ultra -Safe Retractable Ladder Lanyard (30' nylon web) US- H PS30 Mannequin Hamess 1 158.00 158.00 Mannequin Harness:Yates 950 IAFF/Rescue Randy Harness Sledgehammer 2 70.00 140.00 10-Ib Sledgehammer: 27-110 NUPLA BD-10 SG-IAFF (modified grip) Pike Pole 6' Pike Pole: 36-205 NUPLA YPD-6-IAFF (Monoprene Pro-Tec 2 150.00 300.00 Grip) Shipping Expense 1 98.61 98.61 (Approximate Shipping & Handling Charges) Aluminum Extension Ladder-24'-DUO-Safety 900A ._QhippinmExDenae (Approximate Shipping Charges) 1 18591 38591 Forcible Entry Machine 1 5,980.00 5,980.00 Forcible Entry Machine #ALCO-200 Crating Item Crating 1 50.00 50.00 Shipping Expense 1 200.00 200.00 (Approximate Shipping & Handling Charges) Calibration Unit 1 930.00 930.00 Calibration Unit #ALCO-300 Crating 1 50.00 50.00 Item Crating Shipping Expense 1 100.00 100.00 (Approximate Shipping & Handling Charges) �X� H(PIT PAGE �OF DE90RIPT!bN OTY RATE AMOUNT Galvanized Portable Stand Galvanized Portable Stand for Forcible Entry Machine #NEWT- 1 1,135.00 1,135.00 500 Crating Item Crating 1 50.00 50.00 Shipping Expense (Approximate Shipping & Handling Charges) 1 288.93 288.93 Mannequin 165 lb. Mannequin (Rescue Randy):Large Body-IAFF #149-1475 1 1,352.00 1,352.00 Weighted Vest -Small 501b. Weighted Vest:Small-IAFF #950-1118 1 398.00 398.00 Weighted Vest -Medium 501b. Weighted Vest:Medium-IAFF #950-1120 1 398.00 398.00 Weighted Vest -Large 501b. Weighted Vest:Large-IAFF #950-1125 1 398.00 398.00 Shoulder Weights Shoulder Weights:IAFF #950-1000 2 121.00 242.00 Shipping Expense (Approximate Shipping Charges) Conway Quote #35745656 1 1 173.58 173.58 Matrix C3x Climbmill (unassembled) 6,5ee ee 6,5e9.ee (Approximate Shipping Charges) Ceiling Breach Ceiling Breach & Pull Machine w/ Pivoting and Attaching Brackets 1 5,250.00 5,250.00 #ADF-100 Crating Item Crating 1 400.00 400.00 Shipping Expense 1 1,031.62 1,031.62 (Approximate Shipping & Handling Charges) Maze Maze #NEWT-600 1 8,178.00 8,178.00 Crating Item Crating 1 500.00 500.00 Shipping Expense 1 1,432.21 1,432.21 (Approximate Shipping & Handling Charges) Course Validation Course Validation Proctor Training Proctor training price is per day Travel Fees Travel fees for proctor training and course validation We look forward to being of service. Curtis will be calling you regarding your questions. His number is 626-786-9333. Please also have Receiving Dept complete the Delivery form attached when placing the order. Thank you Accepted By 1 910.00 910.00 { $Z9.�co 1 Y- 2 910.00 9#9-.A9 � 1 2,000.00 2,000.00 TOTAL Accepted Date yi .r�rrr.v rs f EXHIBIT PAGE �0E--�� C.P.A.T. DISTRIBUTION, INC. 24635 1" Avenue Murrieta, CA 92562 (626) 797-9025 Tel (626) 797-9026 Fax www.cpatdistribution.net December 12, 2017 Richmond Fire Department Training Facility 1740 South 8th Street Richmond, IN 47374 Dear Vicki, Thank you for your interest in purchasing the items in the following price quote. Exclusively, ALCO Machine manufactures the Forcible Entry Machine and Calibration Unit. CPAT Distribution, Inc. is the sole manufacturer of the Portable Stand for the Forcible Entry Machine, the Practice Forcible Entry Machine, Adjusted Weight Stack Ceiling Breach & Pull Machine, Search Maze, FGS Props, and the CPAT & FGS Equipment Trailer. ADF Steel, Inc. is the sole manufacturer of the "Molitor" Ceiling Breach & Pull Prop, the Ladder Raise and Ladder Extension Prop Brackets. CPAT Distribution, Inc. is the sole distributor of the above named products. All products are manufactured to the specifications of the IAFF/IAFC Fire Service Joint Labor Management Candidate Physical Ability Test. A forklift will be needed to off-load some of these items when they arrive at your location. The products we sell are a package price and we are the sole distributor of the items sold as a kit. Your order will be put into production upon receipt of a purchase order and tax-exempt status. At this time we are anticipating an approximate 12 to 16 week delivery date from the date of your order. Some items arrive individually. Due to the constant changes in both prices and shipping costs, this quote can only remain valid for 30 days. We charge a 15% restocking fee. Please understand that your test date should not be calculated based on an approximate delivery date. You need to let CPAT Distribution know if you need it earlier because of a test date. It is important to note that CPAT Distribution, Inc. will progress bill invoices when applicable. CPAT doesn't supply 31 party shipping information. You are liable to pay according to our shipping charges on the invoice. And that invoices are due on or before 30 days of invoice date. Late charges will accrue at 1.5% after 30 days. When ordering please sign this letter and fax back acknowledging this paragraph. Thank you. If I can answer any questions or concerns, please contact me at the numbers listed above or you may also email me at cpatdistributionC Qmail.com. I look forward to doing business with you. Sincerely, EXHIBIT PAGE OF Signature of acknowledgment Patricia Alvarez EXHIBIT & PAGE GF_a_