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
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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
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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