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HomeMy Public PortalAbout066-2018 - Sanitation - Stagg Safety Equipment - T ShirtsPURCHASE AGREEMENT ORIGINAL THIS AGREEMENT made and entered into this _? _ day of April, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 5`h Street, Richmond, Indiana 47374 (hereinafter referred to as the "City") and Stagg Safety Equipment, Inc., P.O. Box 1363, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor Three Hundred Ninety -Six (396) High Visibility Class 2 Black Bottom Tee Shirts with Silver/Grey Reflective Tape for use by Richmond Sanitary District employees working on streets or alleys for their safety so they are readily identifiable and to alert the public that they are City employees. City sent Request for Quotes containing certain specifications to Contractor on March 27, 2018. A copy of said Request for Quote is attached hereto and incorporated herein by reference as Exhibit "A". The response of Contractor to said Request for Quotes, dated April 6, 2018, is attached hereto and incorporated by reference herein as Exhibit "B", consisting of three (3) typewritten pages, which Exhibit `B" includes an itemized breakdown of the cost for the high visibility tee shirts 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until 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. SECTION III. PURCHASE PRICE City shall pay Contractor a sum not to exceed Four Thousand Two Hundred Ninety Six Dollars and Sixty Cents ($4,296.60) for the tee shirts described in Exhibit `B". The monies to be paid to Contractor are based upon the proposal sheet submitted by Contractor, which proposal sheet is set forth in Exhibit `B", and attached with this Agreement and made a part hereof. The estimated delivery time for the above described tee shirts is fifteen (15) business days following approval of the LOGO for the tee shirts. Contract No. 66-2018 Page 1 of 3 SECTION IV. PROHIBITION AGAINST DISCRIMINATION 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. SECTION V. 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. 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. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. If any portion of this agreement is declared unenforceable by a comlor tribunal, all other portions shall remain in full force and effect. Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. Page 2 of 3 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 Sanitary Commissioners By: Sue Miller, President Am s i, Vice President g Steins, Member Dated: y ., y-,8 APPROVED:. ,may--�---- --- — Davi now, Mayor Dated: 0 �10 "CONTRACTOR" STAGG SAFETY EQUIPMENT, INC. By: Printed: Robert Warfel Title: President Dated: y Page 3 of 3 0 PRICE REQUEST u o CITY OF MCHMOND D>JPA1 �T�T FSTY MOlIDOIN2380 DIANA47374 THIS IS NOT AN ORDER PHONE (765) 983-74509FAX (765) 962-2669 VENDOR INSTRUCTIONS This is a request for a price for the services of materials described below. Any additional specifications may be attached hereto. This is NOT an order and the City reserves the right to accept all or part, or decline the entire proposal. Please complete your full name and phone number below with signature; itemize all prices and charges where requested; and attach any explanation for any substitution to specifications altered. Return in a sealed envelope, in care of Richmond Sanitary District Board of Commissioners to the administration building at the address above by the specified date and time to be considered. DATE: REPLY MUST BE IN BY: PAYMENT TERMS: DELIVERY REQUIRED: March 26, 2018 April 10, 2018 by 10:OOAM UPON RECEIPT OF INVOICE DELIVERED DESCRIPTION This is a request for quotes for High Vis Class II Tee Shirts with company logo. Please see attached specifications. All Local Preference and E-Verify requirements will apply to this quote. Return the quote in a sealed envelope addressed to: Richmond Sanitary District Denise Johnson, Customer Svc Mgr 2380 Liberty Avenue Richmond, IN 47374 Re: High Vis Tee Shirts If you have any questions please call Jeff Lohmoeller at 765-983-7464 or 765-993-2670. Total Cost: Time of Completion: Days Quote Valid Until: STATE TAX EXEMPTION # 003121909-001 NAME OF FIRM QUOTING: AUTHORIZED BY SIGNATURE TITLE Richmond Sanitary District DATE PHONE NUMBER PROPOSAL SHEET High Vis Class 2 Black Bottom Tee Shirts with Silver/Grey Reflective Tape Sizes Quantity Cost Each Total Cost Medium 15 p Large .90 X-La rge 110 $ %y $--1—�--- XX-Large 115 $ d 8S $ XXX-Large 43 $S— XXXX-Large 23 Total Cost of All Tee -Shirts Price Firm for How Long? E-Verification Form filled out Local Preference Form filled out $ q A g OF 0-u`Y a0�� Yes No A Yes No X Estimated Delivery Time (after bid awarding/P.O.) • Example of estimate — 3 weeks..... Price to include all shipping, handling and set up charges. To be delivered to Richmond Sanitary District, 2380 Liberty Avenue, RirhAnd-jludiiFna 47374. 1 , Q'l Phone 4�/ / 9" PE �_ 32�z PRODUCT SPECIFICATIONS V451 Cor-BriteTM Class II Short Sleeve Shirt Round Collar, One Front Pocket, Black Front Panel Li Certificate of Compliance is attached Silver Heat ed Each Individual) Bagged) 24 Each China V450 Part # Color Each UPC Case UPC Case Case WD Case LG CaseHT WT V451-M LIME/BLACK 796326006955 50796326006950 7.1 11.8 18.9 11 V451-L LIME/BLACK 796326006962 50796326006967 7.1 11.8 18.9 12 V451-XL LIME/BLACK 796326006979 50796326006974 7.1 11.8 18.9 j 12 V451-2XL LIME/BLACK 796326006986 50796326006981 7.1 11.8 18.9 13 V451-3XL LIME/BLACK 796326006993 50796326006998 7.1 11.8 18.9 14 V451-4XL LIME/BLACK 796326007006 50796326007001 7.1 11.8 18.9 15 V451-5XL LIME/BLACK 1 796326007013 50796326007018 7.1 11.8 1 18.9 17 Last Modified: ADr11 9. 2018 Coroorate Headquarters: 4025 Viscount Ave. Memphis, TN, 38118 Phone 901-458-5030 Fax 901-458-3343 www.cordovaisc.com West Coast Office: 5636 East 61 st Street Commerce, CA 90040 Phone 877.264.9832 Fax 877.264.9833 April 9, 2018 ANSI/ISEA 107-2015 Apparel and Headwear Compliance Certificate: #CSPV451061015 Cordova Safety Products certifies that Model V451 meets all set requirements as stated is ANSI/ISEA 107-2015 as compliant High -Visibility safety items for Type R, Performance Class 2. All relevant materials have been third -party certified with documents referenced under this certificate number. The manufacturer certifies that these items meet all design requirements and have been measured for the appropriate amount of visible reflective material and background material for the smallest size offered for this product. Amount of visible background material (smallest size offered): 930 square inches (ANSI Class 2 Minimum 775 sq. in.) Amount of visible retroreflective material (smallest size offered): 208 square inches (ANSI Class 2 Minimum 201 sq. in.) Company: Address: City, State, Zip Phone Models: Class: Cordova Safety Products 4025 Viscount Ave. Memphis, TN 38118 901-458-5030 V451 2 The undersigned hereby warrants that he/she is authorized to legally bind the organization identified above. Name: Scott Laxton Title: VP -Purchasing