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Home My Public Portal About043-2018 - Motorolla Solutions- purchase of police radiosPURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this L � day of %�/' , 2018, 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 Motorola Solutions, Inc., 4515 S. High School Road, Indianapolis, Indiana, 46241 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish seven (7) Motorola mobile police radios, five (5) handheld police radios, twenty (20) remote speaker microphones, and five (5) radio chargers (hereinafter "equipment") for the City of Richmond Police Department. The Indiana State Quantity Purchase Agreement Vendor and Commodity List containing Indiana State Pre -Approved Equipment Pricing Bids (hereinafter "QPA Bid List") was examined by the Richmond Police Department. The QPA Bid List is on file in the Richmond Police Department, is hereby incorporated by reference, and made a part of this Agreement. Contractor agrees to comply with all terms and conditions contained therein. Pursuant to Indiana guidelines, a City may opt to use the State QPA Bid List when purchasing and may request price quotes for specific quantities of items of equipment and/or commodities as an alternative to the standard bid procedures. Contractor's Response (QPA Quote 9167) to the Richmond Police Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit, received February 13, 2018, consists of four (4) pages, 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. 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. Contract No. 43-2018 Page 1 of 6 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 amounts described on Exhibit A, provided that Contractor's total compensation shall not exceed Thirty-two Thousand Two Hundred Forty-two Dollars and Twenty-one Cents ($32,242.21) for purchase of the equipment 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 delivery and acceptance of the equipment. 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. Page 2 of 6 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 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 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 Page 3 of 6 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; 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. 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 Page 4 of 6 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. 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. 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 reasonable 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 5 of 6 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: �G Vicki Robinson, President go Richard Foore_ Member Date: /-/ /Z -/6 APPROVED: Sri or Date: `( 3 Page 6 of 6 "CONTRACTOR" MOTOROLA SOLUTIONS, INC. 4515 S. High School Road Indianapolis, IN 46241 By: By: Title: t4 5-,4A :t -, I K Y Date: 4-2-3— 1 1� QuantitPurchase Agreement With V'Ke State Of Indiana Vendor MOTOROLA SOLUTIONS INC Remit to: 13108 COLLECTIONS CENTER DR. CHICAGO IL 60693 Name and MOTOROLA SOLUTIONS INC Address of Vendor: 2461 DIRECTORS ROW STE C INDIANAPOLIS IN 46241 Qty Purchase Agreement QPA Number Page 0000000000000000000009167 lof 1 Requisition Nbr.: MobileVoice/Data/RadioslParts Effective Date: 12/12/2000 Expiration Date: 06/30/2018 Agency Number: Facility: ASA-A2-1-529 Name Of Contact Pers: Contact Email: In accordance with your bid, submitted in response to the above referenced solicitation, the Vendor agrees that the Indiana Department of Administration, Procurement Division, has the option to purchase the items listed below under the terms of this agreement. The Vendor agrees to charge these prices for any products ordered on any QPA release received after the expiration of the QPA but issued prior to the expiration date. The quantity listed herein is an estimate of the requirements. The state may order substantially more or substantially less pursuant to the terms of this agreement. Orders are to be delivered only upon receipt of properly approved Quantity Purchase Award Release. Line Number Quantity UNIT Article and Description Unit Price This is a Quantity Purchase Agreement for Mobile Voice and Data Communications Equipment. 1 99,999,999.00 EA 000000000100005353 Communication,Mobile,Voice & Data, Radios, Parts to 0.0001 State at 20% off current catalog pricing,Test Equipment,Shop Tools,Supplies & Radio software 5% off For catalog information, contact Mark Hempel at 317-232-2498 or mhempel@idoa.IN.gov. All other inquiries should be directed to the following Motorola representative: Mike Skalitzky (all state accounts) Account Manager M 312-590-1496 michael.skalitzky@motorolasolutions.com Jay Burla (northern IN counties and IPSC only) Account Manager Motorola Solutions, Inc. Motorolasolutions.com 312.805.1027 jburla@motorolasolutions.com Incorporated by reference herein, RFP A2-9-909, Motorola Parts will be offered to the State at 20% off current catalog pricing. The following UN/CEFACT Unit of Measure Common Codes are used in this document: EA Each Signature of Purchasing Officer Typed Name I Signature Of Approval Office Of the Authorized Date Signed Procurement Division 402 West Washington Street, Rm W468 Indianapolis, Indiana 46204 Telenhone: (3171232-3150 State Form 9955(R70/7-08)-Electronic Version -Approved by State Board Of Accounts, 2008 EXHIRIT PA.'GE Richmond Police Purchase Order No.1818RPD Department 50 N Fifth St. Richmond IN 47374 PURCHASE ORDER - Vendor Ship To Name MOTOROLA INC. Name ERS - OCI WIRELESS Address 1301 E Algonquin Road Address 4515 S. HIGH SCHOOL RD. City Schaumburg St IL ZIP 60196 City INDIANAPOLIS St IN ZIP 46241 Phone 800-814-0601 Phone 812-376-9652 Qty Units ! Description Unit Price TOTAL 7 Each IAPX 1500 800 Mhz Dash Mount 3 Year Warranty $2,635.63 $18,449.41 j 7 Each Custom Programming $50.00 $350.00 7 Each Promo ($200.00) ($1,400.00) BILL TO & ULTIMATE DESTINATION: Richmond Police Department 50 N Fifth St. Richmond, IN 47374 System ID 06BD All Prices per State QPA # 9167 Payment Details O Check Payment Terms Net 30 Days O Cash O Account No. O Credit Card Signature Shipping Date Date 1 /30/2018 Approval Date ...-~ �.,..r OF, EXHIBIT p(�.GE noiestnemamb FEDERAL EXCISE TAX EXEMPT INDIANA RETAIL TAX EXEMPT CERTIFICATE # Attached SubTotal $17,399.41 Shipping & Handling Included Taxes TOTAL $17,399.41 EXHIBIT _ PAGE ��F!- Richmond Police Purchase Order No.11218RPD Department 50 N Fifth St. Richmond IN 47374 PURCHASE ORDER Vendor Ship To Name MOTOROLA INC. Name ERS - OCI WIRELESS Address 1301 E Algonquin Road Address 4515 S. HIGH SCHOOL RD. City Schaumburg St IL ZIP 60196 City INDIANAPOLIS St IN ZIP 46241 Phone 800-814-0601 Phone 812-376-9652 Qty I Units I Description Unit Price TOTAL 5 Each APX 4000 800 Mhz Radio 3 Year Warranty $2,672.74 $13,363.70 5 Each IAPX 4000 Single Unit Charger $51.94 $259.70 5 Each I IMPRES Remote Speaker Mic Coil Cord w Audio Jack $90.75 $453.75 5 Each (Custom Programming $50.00 $250.00 5 Each ;Promo ($300.00) ($1,500.00) BILL TO & ULTIMATE DESTINATION: Richmond Police Department 50 N Fifth St. Richmond, IN 47374 System ID 06BD All Prices per State QPA # 9167 Payment Details 0 Check Payment Terms Net 30 Days O Cash O Account No. O Credit Card Signature Shipping Date 2/12/2018 Approval Date E �H�P�T � � 19V�C2i/RClllsll lei FEDERAL EXCISE TAX EXEMPT INDIANA RETAIL TAX EXEMPT CERTIFICATE # Attached SubTotal $12,827.15 Shipping & Handling Included Taxes TOTAL $12,827.15 jEXH1R1T _1Dk_ P,GE 3 OF--A-1 Richmond Police Purchase Order No.1818RPD Department 50 N Fifth St. Richmond IN 47374 PURCHASE ORDER - Vendor Ship To Name MOTOROLA INC. Name ERS - OCI WIRELESS Address 1301 E Algonquin Road Address 4515 S. HIGH SCHOOL RD City Schaumburg St IL ZIP 60196 City INDIANAPOLIS St IN ZIP 46241 Phone 800-814-0601 Phone 812-376-9652 Qty Units I Description _ Unit Price TOTAL 20 Each ;XTS2500 Remote Speaker Mic w audio jack PMMN4051 $66.75 $1,335.00 5 Each !XTS2500 Chargers j $136.13 $680.65 BILL TO & ULTIMATE DESTINATION: Richmond Police Department 50 N Fifth St. Richmond, IN 47374 ,System ID 06BD All Prices per State QPA # 9167 rdynlCnl UVWIM OO Check Payment Terms Net 30 Days O Cash O Account No. O Credit Card Signature_ - AT��- Shipping Date 2/12/2018 Approval Date t - �� 1\V�Cl/RGII1[1117 FEDERAL EXCISE TAX EXEMPT INDIANA RETAIL TAX EXEMPT CERTIFICATE # Attached SubTotal Shipping & Handling Taxes TOTAL $2,015.65 Included $2.015.65 �! J� - PAGE _._OFLA