HomeMy Public PortalAbout043-2018 - Motorolla Solutions- purchase of police radios (2)PURCHASE ll H IDE AGRE EMIENT
THIS PURCHASE AGREEMENT made and entered into this /2 day of . r/ a
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 fiunish seven (7) Motorola mobile police radios, five (5)
handheld police radios, twenty (20) remote speaker microphones, and five (5) radio chargers
(hereinafter "equipment") fox 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 domply 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 Runish 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
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No performance of services shall commence until the following has been met:
L. The City is in receipt of any required certificates of insurance; and
2. A, purchase order has been issued by the Purchasing Department.
SECTION H. 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 M 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.
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i
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
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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 DISCRMINATION
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 of 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 VIH- MAN 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 wfiting 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
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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 refitted 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 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'instnzment.
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.]
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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 .
6
By: s�
Vicki Robinson, President
By: " Lu-
Richarh Foore. Member
Date: // /z -/F
"CONTRACTOR'
MOTOROLA SOLUTIONS, INC.
4515 S. High School Road
Indianapolis, IN 46241
By: .�
in
Title: I v
Date: q 2-? - 19
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Quantityy Purchase Aq'reement
With TFie 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 1 of 1
Requisition Nbr.: MobileVoice/Data/Radios/Parts
Effective Date: 12/12/2000
Expiration Date: 06/30/2018
Agency Number.
Facility: ASA-A2-1-529
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 afterthe 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
This is a Quantity Purchase Agreement for Mobile Voice and Data Communications Equipment,
99,999,999.00 EA 000000000100005353 Communication,Mobile,Voice & Data,Radios,Parts to
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 Skalit;4 (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 UNlCEFACT Unit of Measure
Common Codes are used in this document:
EA Each
Of the
Authorized Signature Indiana Department Of Administration
Procurement Division
402 West Washington Street, Rm W468
Indianapolis, Indiana 46204
Approval
Date Signed
Unit Price
0.0001
State Form 9955(i210/7-08)-Electronic Version -Approved by State Board Of Accounts, 2008