HomeMy Public PortalAbout086-2018 - Police - Blunk Safety Systems - Emergency Lighting and Sirens on Police CarsPURCHASE AGREEMENT
THIS PURCHASE AGREEMENT made and entered into thise—day of AM , 2018, by
and between the City of Richmond, Indiana, a municipal corporation acting by an ough its Board
of Public Works and Safety (hereinafter referred to as the "City") and Blunk Safety Systems, 4113
Turner Road, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF AGREEMENT
City hereby retains Contractor to furnish and install emergency lighting and siren systems and cage
partitions for five (5) new police cars 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 00013537) to the Richmond Police Department's specific
quantity inquiry is attached hereto as "Exhibit A", which Exhibit, received March 19, 2018, consists
of three (3) 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. 86-2018
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 Twelve Thousand Two Hundred Eleven Dollars and Eighty-five
Cents ($12,211.85) for purchase and installation 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, acceptance, and satisfactory installation 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.
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.
Page 2 of 6
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
$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.
Page 3 of 6
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:
l . 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. 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 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
Page 4 of 6
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 IX. 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 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 for negligence 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 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 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.
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: 9/�/44 C,�
Vicki Robinson, President
By:
Rich�Ld Foore, Member_
M.
L. K/sTer, II, Member
Date:
APPROVED:
David M. Snow,
v
Date: & 01
"CONTRACTOR"
BLUNK SAFETY SYS`]
4113 Turner Road
Richmond, IN 4737
Title: iP�+�c1a�v
Date:
Page 6 of 6
Quantity Purchase Agreement
With The State Of Indiana
Vendor BLUNK SAFETY SYSTEMS INC
Remit to: 4113 TURNER RD
RICHMOND IN 47374
Name and BLUNK SAFETY SYSTEMS INC
Address
of Vendor: 4113 TURNER RD
RICHMOND IN 47374
Qty Purchase Agreement QPA Number Page
0000000000000000000013537 2 of 2
Requisition Nbr.:
Emergency Vehicle Lighting
Effective Date:
06/02/2015
Expiration Date:
06/01/2018
Agency Number:
Facility:
ASA-15-034
VendorlD:
0000078510
Vendor Telephone Nbr:
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
24 9,9999,999,999.00 EA
000000000100237246 Speaker, Siren
25 99,999,999.00 EA
000000000100284713 Siren, Federal Signal SmartSiren Platinum 2000,
SSP20006
26 99,999,999.00 EA
000000000100284714 Warning Light, Interior, Federal Signal SpectraLux
Viper Multi -Color S2, 329153-RWB
27 99,999,999.00 EA
000000000100284715 Lightbar, Federal Signal SpectraLux Internal Lighting
System (►LS) Multi -Color Rear, SILSD-2644775
28 99,999,999.00 EA
000000000100284716 Warning Light, Exterior, Federal Signal Micro Pulse
Ultra, MPS620U-BR
29 99,999,999.00 EA
000000000100284717 Bracket, Federal Signal Pillar Bracket, MPSM6-LB
The
following UN/CEFACT Unit of Measure
Common Codes are used in this document:
EA
Each
Signature of Purchasing Officer Typed Name Signature Of Approval
Office Of the
State Attorney General
Date Signed Typed Name Date Signed
Authorized Signature Indiana Department Of Administration
Procurement Division
402 West Washington Street, Rm W468
Indianapolis, Indiana 46204
TPIPnhone,(3171232-3150
Unit Price
95.0000
569.0000
79.0000
590.0000
61.0000
7.3500
State Form 9955(R1017-08)-Electronic Version -Approved by State Board Of Accounts, 2008
i --
Safiety Sstems
4113 Turner Road
Richmond, IN 47374
Voice: 765-935-3566
Fax: 765-935-9713
Quoted To:
Richmond,City of
50 North 5th Street
Richmond, IN 47374
Quote Number. 2018 Lights
Quote Date: Mar 19, 2018
Page: 1
a* ON
customerlD_
Good Thru
Payment Terms
Sales Rep
richmond pd
4/18/18
Net 30 Days
Corey S. Blunk
:.quantity
Item
Description
UnitPrice
Amount
5.00
rederal 45" Legend Lightl5ar (ISP Spec)
878.00
4,390.00
5.00
PA640
Federal Signal Siren/Switch Control
305.00
1,525.00
5.00
ES100C
Federal Signal 100 Watt Speaker includes
168.00
840.00
Bracket
5.00
FHL-TAIL
Federal Tail Light Flasher
44.50
222.50
5.00
Havis C-CUP2-1 Cup Holder
30.87
154.35
5.00
Pro -Gard PFW5600C11A FTartition
516.00
2,580.00
5.00
Installation
Includes all wiring, fusing, and shop
500.00
2,500.00
materials
- -- -
--------- ---'--
Subtotal
12,211.85
Sales Tax
TOTAL
12, 211.85
EXHIBIT PAGE ' 2 F
Quantity Purchase Agreement
With The State Of Indiana
Vendor BLUNK SAFETY SYSTEMS INC
Remit to: 4113 TURNER RD
RICHMOND IN 47374
Name and BLUNK SAFETY SYSTEMS INC
Address
of Vendor: 4113 TURNER RD
RICHMOND IN 47374
Qty Purchase Agreement QPA Number Page
0000000000000000000013537 1 of 2
Requisition Nbr.:
Emergency Vehicle Lighting
Effective Date:
06/02/2015
Expiration Date:
06/01/2018
Agency Number:
Facility:
ASA-15-034
VendorlD:
0000078510
Vendor Telephone Nbr:
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 an award of a Quantity Purchase Agreement for Emergency Vehicle Lighting.
QPA can be mutually renewed yearly for one
additional year.
Vendor Contacts: Scott Blunk & Corey Blunk
Vendor Phone #: 765-935-3566
Vendor Email: safetylights@msn.com
Quantities are estimates and could be more or less.
1
9,9999,999,999.00 EA
000000000100237223
Bracket, Siren Speaker ES100, Chevy Tahoe
13.2000
2
9,9999,999,999.00 EA
000000000100237224
Bracket, Siren Speaker ES100, Dodge Charger
13.2000
3
9,9999,999,999.00 EA
000000000100237225
Flasher, Headlight, Wig -Wag, Chevy Tahoe
35.1000
4
9,9999,999,999.00 EA
000000000100237226
Flasher, Headlight, Wig -Wag, Dodge Charger
35.1000
5
9,9999,999,999.00 EA
000000000100237227
Flasher, Tail light
35.1000
6
9,9999,999,999.00 EA
000000000100237228
Knob, Lighting control
9.0000
7
9,9999,999,999.00 EA
000000000100237229
Lightbar, 53
789.0000
8
9,9999,999,999.00 EA
000000000100237230
Lightbar, 45
678.0000
9
9,9999,999,999.00 EA
000000000100237231
Lightbar, 47
1,080.0000
10
9,9999,999,999.00 EA
000000000100237232
Lightbar, 52
1,180.0000
11
9,9999,999,999.00 EA
000000000100237233
Lightbar, 44
1,080.0000
12
9,9999,999,999.00 EA
000000000100237234
Light, Deck, Dual Red/Blue, LED
126.9000
13
9,9999,999,999.00 EA
000000000100237235
Light, Deck, Single, LED, Blue
64.8000
14
9,9999,999,999,00 EA
000000000100237236
Light, Deck, Single, LED, Red
64.8000
15
9,9999,999,999.00 EA
000000000100237237
Lights, Corner, External LED
44.0000
16
9,9999,999,999.00 EA
000000000100237238
Lights, Comer, External LED, Alternate
33.0000
17
9,9999,999,999.00 EA
000000000100237239
Lights, Corner, Internal LED
44.0000
18
9,9999,999,999.00 EA
000000000100237240
Lighting Control, New
245.0000
19
9,9999,999,999.00 EA
000000000100237241
Lighting Control, New
375.0000
20
9,9999,999,999.00 EA
000000000100237242
Repair, Lighting Control, 1-5 years old
75.0000
21
9,9999,999,999.00 EA
000000000100237243
Repair, Lighting Control (5+ year old)
110.0000
22
9,9999,999,999.00 EA
000000000100237244
Load Distribution Kit
44.5500
23
9,9999,999,999.00 EA
000000000100237245
Rack, Shotgun
245.0000
State Form 9955(R10/7-08)-Electronic Version -Approved by State Board Of Accounts, 2008
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