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HomeMy Public PortalAbout114-2019 - Sanitation - Safety Tech Inc - New Fire AlarmsAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this Z3 - day of " 61 , 2019, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, with its office at 50 North 5' Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Safety Tech, Inc., P.O. Box 616, 30 East 71 Street, Lapel, IN 46051 thereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City retains Contractor for furnishing and installing two (2) Il'/GSM communicators for two (2) iu-e alarm panels and for monitoring the two (2) IP/GSM. communicators, with one panel at the Richmond Sanitary District's (hereinafter referred to as "District') Administration Building and one panel at the District's landfill. City sent a Request for Quotes on June 13, 2019, seeking quotes for the finishing, installing and testing of two (2) IPIGSM communicators and for monitoring services for them. The response of Contractor, dated June 20, 2019, is contained in Exhibit "A", which Exhibit "A" is attached hereto and incorporated herein by reference and made a part of this Agreement. The Contractor shall furnish all services necessary for the proper completion of all work specified. 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. 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. COMPENSATION City shall pay Contractor an amount not to exceed Two Thousand Five Hundred Dollars and No Cents '($2,500.00) for the installation, testing and verification of two (2) IPIGSM Communicators fire alarm panels at a cost of One Thousand Two Hundred Fifty Dollars and No Cents each ($1,250.00). In addition, City shall pay Contractor the monthly monitoring cost of the two (2) IPIGSM Communicators of $70.00 for monitoring both Communicators (at a $35.00 monthly monitoring cost per Communicator), from August 1, 2019, through and including December 31, 2022, for a total monitoring cost of Two Thousand Eight Hundred Seventy Dollars and No Cents ($2,870.00). The total cost of the installation, testing and verification of the two IPIGSM Communicators and the monthly monitoring cost of the two (2) IPIGSM Communicators from August 1, 2019 through December 31, 2022, is in an amount not to exceed Five Thousand Three Hundred and Seventy Dollars and No Cents ($5,370.00), all of which is set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Contract No. 114 -- 2019 �., � ,�:r ;; ; SECTION IV. TERM OF AGREEMENT This Agreement shall be effective August 1, 2019 and shall continue in effect until December 31, 2022, at ,which time this Agreement shall terminate, unless the parties extend this Agreement by a written and signed Addendum. 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 thirty (3 0) 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. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by either the City or the Contractor, without cause, by giving at least thirty (3 0) days written notice to the other party. In the event of termination of this Agreement, 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. 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. Coverag Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence + $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury .$1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 aggregate F. Malpractice/Errors & Omissions Insurance $13000,000 each occurrence $1,000,000 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. COWLL NCE 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 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. PROMBITION AGAINST DISCREVENATION 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 5-16-6-12 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 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 IX. 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 X. 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 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 attorneys 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. 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 and that such authorization has not been revoked or rescinded. 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. 66CITY9' The City of Richmond, Indiana, by and through its Board of Sanitary Commissioners ;t� Sue Miller, President Dated: � 94-� � "CONTRACTOR" SAFETY TECH, INC. Dated: APPROVE . David S ow, l�a� or Dated: Jeff Lohmoeller From: Jeff Lohmoeller <jlohmoeller@rich mondindiana.gov} Sent: Thursday, June 13, 2019 3:54 PM To: Jhight@safetytech.us' Subject: RE: Fire Alarm Panel - Admin Hello Jason, Been a while. Can you give me an updated quote for the IP/GSM communicator. I will be placing one here at the admin building and most likely out at the landfill. The phone line we have are not good and we Iose communication all of the time. Also when are we due for our annual inspections? 1 need to get a Po in place for that work also. Hope all has been well for you and family. Thank you, Neff Lohmoeller Class -rV WwTplmahnt. Mgr. City of Richmond Indiana Department of Sanitation Email: AM oeller@richtnondindiana. coo v Phone: (765) 933-7464 Cell: (765) 993-2670 Fax. (765) 962 2669 Pe RECYCLE _.. From: Jason Hight [mailto:jhight@safetytech.us] Sent: Monday, February 11, 2019 3:27 PM To:'Jeff Lohmoeller'{jIohmoeIler@rich mondindiana.gov> Subject: RE: Fire Alarm Panel -- Admin Jeff, Jeff Lohmoeller From: Jason Hight <jhight@safetytech.us> Sent: Thursday, June 20, 2019 12:56 PM To: 'Jeff Lohmoeller' Cc: 'Lindsay Kinsinger' Subject: RE: Camera's and Cell phone Iine fire panel Attachments: 190620JH1- Richmond Sanitary GSM.pdf Jeff, Attached is an updated quote for the IP/4GSM communicators. Based on our conversation last week, I've already ordered them and they should be here today. For the cameras, it is probably best that I make a visit to look at them. would you have time Monday or Tuesday to meet? If so, please let me know what works best for your schedule. Rega rds, Jason Hight SafetyTech, Inc. P.Q. Box 616 30 East 7th St Lapel, 1 n. 4605 1 Phone 765.534.4309 Cell 765.617.1858 Think Green! is printing this email necessary? Tkis email, including attachments, may include confidential and/or Proprietary information, and may be used only by the Person or entity to whick it is addressed. IF the reader of tkis a -mail is not tke intended recipient or leis or ker authorized agent, the reader is hereby notified that any dissemination, distribution or copying of this e-mail is pr6ki6ited. IfyouGave received this e-mail in error, Please notify the sender by rcPlying to this message and delete this email immediately. From: Jeff Lohmoeller <jlohmoeller@richmondindiana.gov> Sent: Wednesday, June 19, 2019 8:59 AM To: jhight@safetytech.us Cc: 'Darren Duncan' <dduncan@richmondindiana.gov> Subject: Camera's and Cell phone line fire panel Importance: High Jason, 1 will need to updated cost on the cellular phone line for the fire panels at our Wastewater Treatment Plant panel in Admin Building and at the landfill solid waste garage. • Also 1 need quotes to install four (4) camera's at the landfill. one will be pointed at the main gate entrance, scale house, tub area and one pointed at the solid waste garage. • At the wastewater treatment plant I need to install at least two (2) camera's one located at the main entrance gate (Liberty Avenue entrance) and the rear entrance (Test Road) entrance. All �" F ��'s c'fv fix•:' ;: .t4inc. Q uo tati'on: 190620JHI From: Jason Hight Date: June 20, 2019 To:. Jeff Lohmoeller .Company: City of Richmond Fax: Tel: 765-983-7464 E'Mail: ilohmoeller@(ichmondindiana.gov No: Pg$. IMP: Richmond Sanitary Wastewater Treatment Plant and Landfill GSl'llI Communicator Dear Mr, Lohmoeller, Due ongoing issues with the telephone lines for the communication of the fire alarm panels at the Wastwater Treatment Plant and Landfill we recommend an IPIGSM communicator to be installed for reliable communlcations. IPIGSM Commicator: ❑ Disconnection of the phone lines from the fire :alarm panel ❑ Installation of IPIGSM Communicator ❑ Testing and verification of operation ❑ Total: $12501Each Note 4: $200 discount on each system if both buildings can be performed on the same visit Note 2: Current monitoring will be increased by $10lmonthlbuilding- Thank you for allowing us the opportunity to provide you with this quotation. If you have any questions, please let us know. Regards, Jason Hight i SafetyTech, Inc. T: 765-534-2000 C: 765-617-1858 e-mail: jhightgsafetytech.us f Note - Quotation valid for 180 days Cc:ll Jon Kinsinger Okinsinger@safetytech.us) SafetyTech, Inc. - PO Box 665,30 E 71181.1 Lapel, IN - Phone (765) 5344309 • Fax (765) 534-2000 wmv.safetytech.us t JuIY 9,_2019- The Board of Sanitary Commissioners of the Sanitary Distract of Richmond, Indiana, met in regular session in the Board boom of•the Richmond Sanitary District Building, 2380 Liberty Avenue, Richmond, Indiana, on Tuesday, July 9, 2019 at 10 :00. A.M. Those present were Sue Miller- President, Aman Bakshi-- vice --President, Greg Stiens-- Board Member, Bryan Ervin- Director, Elijah welch- Assistant Engineer, Denise Johnson-- Customer Service Manager, Jeff Lohmoeller- WWTP and Maintenance Manager, Walt Chidester- Assistant City Attorney, Jessica Foster-- .Assistant Recording Clerk, Pat Smoker-- Plant Superintendent, Todd Hobson-- WWTP Operator, Tim Orrill- RSD Lab Supervisor, G101.3 and WCTv. Item. number 1, Approval of Board Minutes from June 11, 2019, was tabled until a future meeting. The next order of business was to approve board minutes from the June 25, 2019 meeting. Mr. Bakshi made a motion to approve the minutes from the June 25, 2019 meeting. Mr. Stiens seconded the motion. The motion passed 3 --0. The next order of business was to approve the invoices. The invoices were in the total amount of $584,248.49, covering June 21 & 28, 2019. Mr. Stiens made a motion to approve the invoices. Mr. Bakshi seconded. The motion passed 3--0. The next order of business was the recommendation to award quote for Cleaning Service for `Richmond Sanitary District. Mr. Lohmoeller recommended to award Whitewater valley Cleaning LLC of Richmond, Indiana, for a not--to-exceed cost of $46,000.57. Services would begin August 1, 2019 and end July 31, 2020, with the option to renew for two additional one year terms at the same rate. -Mx. Bakshi made a motion to award the quote for cleaning services for Richmond Sanitary District to Vi itewater valley Cleaning LLC of Richmond, Indiana, for a -not -to -exceed cost of $46.9 000.57. Mx. Stiens seconded the motion. The motion passed 3-0. The next order of business was the recommendation to award quote for New Hook Truck with Water Tank. Mr. Lohmoeller recommended to award Municipal Equipment Inc. of Louisville, Kentucky, for a 2020 Hook Truck and new water tank in the amount of $159,3 04.00. This cost includes the $8,500.00 trade --in value of the Sanitary District's 1992 Hook Truck. Mr. Stiens made a motion to award the quote for a new 2020 Hook Truck to Municipal Equipment Inc. of Louisville, Kentucky, in the amount of $159,3 04.00. Mr. B akshi seconded the motion. The motion passed 3--0. The -next order of busi ness'Was to approve to &rater i nta agreement nth Safety -Tech: �Nfi;! Lohmoeller stated that Safety Tech Inc. currently monitors the Richmond Sanitary District's fide alarm panels, but for the past ear, there has been an issue with the hone lines that connect the \\, � p � p Y � P � alarm panels to the monitoring system that could not be resolved with Frontier. Mr. Lohmoeller .s , 4 recommended to enter into an agreement with Safety Tech Inc. to install two new IPIGSM communicators at the Administration Building and Landfill to monitor both Landfill locations and Solid waste Garage. The cost of the installation would be $1,250.00 for each communicator and the current monthly rate would increase from $2 5.0 0 to $ 3 5.0 0lmonth for service. Mr. Bakshi made a k motion to enter into agreement with Safety Tech Inc. starting August 1, 2019 and ending December 31, 2022, for the installation of two IPIGSM communicators at the cost of $1,250.00 each and , f $3 5.00lmonth for service. Mr. Stiens seconded the motion.. The motion.passed 3.0. I 1. :. i • • ti. ii 2 The next order of business was to approve sewer use agreements with owners of property in Nolands Fork Landings Subdivision. Mr. welch stated that the Nolands Fork Landing Subdivision is neither in the Sanitary District nor adjacent to. The agreement would allow property owners Wade Robertson, Marilyn Robertson, and John Robertson, to hook into public sanitary sewer. The sewer would be privately maintained and all costs would be incurred by the developer. Mr. Stiens made a motion to enter into sewer agreements with owners of property in Nolands Fork Landings Subdivision, namely wade and Marilyn Robertson and John Robertson, and to allow the President of the Board to sign the agreements. Mr. Bakshi seconded the motion. The motion passed 3--0. The next order of business was a recommendation to approve the rental of pumps at WWTP. Mr. . Welch recommended to work with Xylem Dewatering Solutions to provide temporary rental pumps at the waste water Treatment Plant until the new pumps would be installed in the upcoming months. The rental pumps ,would be powered from the IPB building and connected to the existing control. panel. Mr. Welch recommended to rent the pumps on a monthly'basis at the cost of $3,373.651month plus an additional one time cost of $1,800.76 for required extras. Mr. Bakshi made a motion to approve for the rental pumps at the waste water Treatment Plant to Xylem Dewatering Solutions as presented. Mr. Stiens seconded the motion. The next order of business was the Project Status Update. Mr. South gave an update to the Board on the Sanitary District's current projects. The next order of business was an amendment to board minutes from May 21, 2019. An incorrect dollar amount was discovered and corrected for record. Mr. Bakshi made a motion to approve the amendment to board minutes from May 21, 2019, as presented. Mr. Stiens seconded the motion. The motion passed 3--0. The next order of business was to approve to enter into contract with Commeg Systems. Mr. Lohmoeller recommended to enter into contract with Commeg Systems at the cost of $22,810.00 for the Time Pro hardware and implementation, as well as $ 21, 73 5.0 0 for the Time Pro SQL software, PC punch, and HR attendance. The new timeclock system would work directly with the City of Richmond's BSA Accounting Software. Mr. Stiens made a motion to enter into contract with Comm eg Systems for the Time Pro hardware and implementation at the cost of $22, 810.0 0 and for the Time Pro software at the cost of $21,73 5.00. Mr. Bakshi seconded the motion. The motion. passed 3 --0. With no fin Cher business. Mr. Stiens made a motion to adjourn the meeting. Mr. Bakshi seconded the motion. The motion passed 3 -0. The meeting adjourned at 10 :52 A.M. Jessica Foster, Assistant Recording Clerk Sue Miller, President