HomeMy Public PortalAbout011-2021 - I&D - Wico Custom Electronics - Upgrade Compatible Equipment for WCTV in Council Chambers AGREEMENT
THIS AGREEMENT made and entered into this %tei day of I , 2021, and referred to as
Contract No. 11-2021 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 e.°• o unA°,: atTon cs P.O. Box 1674, Richmond, Indiana, 47375 (hereinafter referred to as
the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to furnish and provide as sole source contractor technological
upgrades to the Common Council Chambers located on the third floor of the City's municipal
building. Said services and equipment are more specifically described on Contractor's quote and
said upgrades are to be furnished, installed, and completed in such a way that the upgrades are to be
compatible with the equipment operated by WCTV as the Local Access Cable.Television group
which provides Public, Educational, and Government ("PEG") Programming. Contractor's quote,
dated September 23,2020, and consisting of three (3)pages, is attached hereto and marked as Exhibit
A. Contractor agrees to abide by the same.
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.
The Contractor shall furnish all labor, material, equipment, and services necessary which are
incidental to the proper completion of all work specified. City shall furnish the flooring materials
and shall have the areas empty of furniture and cubicles.
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/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. 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
work.
Contract No. 11-2021
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SECTION III. COMPENSATION
City shall pay Contractor a total sum not to exceed Nineteen Thousand Five Hundred Forty-four
Dollars and Zero Cents ($19,544.00) for complete and satisfactory performance of the work required
hereunder. The City has agreed to pay fifty percent(50%) prior to installation for the portion of this
Agreement attributed to the purchase of the equipment for the upgrade.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon complete execution of this Agreement and shall
continue in effect until satisfactory completion of the Project, which completion is anticipated to be
on or before December 31,2021.
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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the results or
aftereffects of said event causes the performance of this Agreement to become impossible or highly
impracticable. Said event or results or aftereffects of said event would include events or effects
which the parties to this Agreement could not have anticipated or controlled. Examples of a force-
majeure event, or its results, would include, but would not be limited to, events such as an Act of
God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the
Federal government,the State of Indiana, or local government.
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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 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
$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.
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SECTION VII. 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
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. 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 IX. 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:
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,
Page 4 of 6
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 acting 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 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.
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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 due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees,whether or not suit is filed.
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" "CONTRACTOR"
THE CITY OF RICHMOND, WILCO CUSTOM ELECTRONICS
INDIANA by and through its P.O.Box 1674
Board of Public Works and Safety Richmond, IN 47375
•
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By: lat. /' i�����14 By:
Vicki Robinson,President
By Printed: c J
mily P mer,Member
By: Title: Pr.e t ,..�
Matt Evans,Member
APPROVED: Date:_ I - 2 j
Sno
Date: 05 2,02/
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G. ;
C 0 ELECTRONICE
System/Job Proposal
Date 09/23/20 4 Quote# RJFQ2771
} Ref#
Client: Ron Oler
City of Richmond Client phone: 765-969-9905
50 North 5th Street Fax:
Richmond, IN 47374
Ln# Qty Part# Description MSRP Unit Price Ext. Price
1 AUDIO
2 1 SYSTEM Council Chambers Audio System (based on the $15,948.94 $13,736.00 $13,736.00
Symetrix Prism)
The Symetrix Prism DSP(digital signal processor)8x8 supports up to 8 audio inputs, 8
audio outputs, and up to 128 Dante audio channels. The system is fully customizable
to the needs of the council chambers including:
-The ability to sense when someone is speaking into a microphone and turn the mic
on automatically,then turn it off again when the_person is finished. This helps reduce
unwanted noise on recordings and feedback.
-The ability to create separate audio"zones"in the room using"mix-minus"
configurations. For example,the mics at the council's table would feed all the
chamber's speakers EXCEPT the speakers above the council and the mic at the
lectern would feed all speakers EXECPT the ones above the lectern. This further
reduces the chance for feedback and allows system volumes to be increased.
-Internal audio equalization to allow the system to be tuned to the acoustics of the
room.
-The ability to create alternate mixes of microphones for the WCTV video system.
-The ability to have presets so that the room can be configured for different uses.
-Automatic leveling (volume adjustnment)for microphones.
-Automatic feedback suppression where, if feedback occurs, it is automatically
sensed and eliminated.
In addition to the Symetrix Prism unit,the system will consist of:
1 Sixteen channel AudioScience lyo Dante 16.0M audio input unit, under the council
table,to connect all microphones. Dante allows this unit to be connected to the Prism
system with a single, Cat5/6, Ethernet cable.
8 Community D6 flush mounted ceiling speakers, divided into two zones.
4 Atlas SM42T surface mounted speakers above the council desk.
9 Shure MX418/C XLR gooseneck microphones for the council.
6 Shure MX418D/C desk microphones for mayor and staff desks.
1 Shure MX418SE/C microphone with clamp for lectern.
1 Shure BLX24 handheld wireless microphone system with stand for
roving/handicapped presenters.
System includes a power distribution system to turn the system on and off with EXHIBT PA
GI; �F 3 _�
controls at council table and WCTV desk. E..� I
- -
09/23/20 WILCO Custom Electronics Page 1
PO Box 1672 - Richmond, IN 47375 - Tel(765)966-1993
13:54:23 email: rick@wilcocustom.com
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Ln# Qty Part# Description MSRP Unit Price Ext. Price
PLEASE NOTE:
1.This quotation does not include an equipment rack. Equipment will be mounted in
the existing rack under the council desk and in new rack purchased with the WCTV
video desk.
2. Ceiling speakers will be mounted in locations different from the current speakers. It
is understood that the holes where old speakers were mounted will be patched by
others.
3 VIDEO DISTRIBUTION
4 1 SYSTEM Council Chambers Video Distribution System $1,797.45 $1,508.00 $1,508.00
It is understood that four flat panel video monitors are to be mounted in the front of
the room to the left and tight. Video distribution consists of an HDMI splitter and
HDBaseT extenders to split and transport a single HDMI video signal to the four
monitors.
An additional HDMI extender is provided to connect a 5th flat panel TV in the overflow
lobby. This will be fed directly from WCTV.
PLEASE NOTE:
1. Flat panel TVs(monitors)are not included in this quotation.
2.A single,wired, HDMI input connection is provided to which a computer or video
device can be connected. If wireless computer connection is desired, it can be quoted
on request or provided by IT.
5 INSTALLATION
6 1 PARTS Parts: wire, cables, connectors, cable $500.00 $500.00 $500.00
management, etc.
7 40 LABOR Installation of audio video system as described $95.00 $95.00 $3,800.00
above.
Labor quote is based on best estimate given the scope of work. Estimated time for
completion 40 work hours. Actual hours will be invoiced.
1EXHIBIT / PAGE L OF 3
09/23/20 WILCO Custom Electronics Page 2
PO Box 1672 - Richmond, IN 47375 - Tel(765)966-1993
13:54:23 email: rick@wilcocustom.com
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Il°
Ln# Qty Part# Description MSRP Unit Price Ext. Price
QUOTE SUMMARY
Total MSRP: $22,046.39
Total Discount: 2,502.39
Sub-total: $19,544.00
Date 09/23/20
Sales Tax: $0.00
Shipping Estimate: $0.00
Quote# RJFQ2771
Ref# Total $19,544.00
PURCHASER'S ACCEPTANCE
The above Quotation is accepted:
Payment terms: 50%nn,hal Net-1 5 .
Company
Address ®�
If net terms have been extended,a finance charge of one and one-half percent(1-1/2%)will be City State
charged on any unpaid balance if full payment is not made within net days indicated after invoice. Si \ Date
Title
The pricing and shipment estimate(if applicable)quoted is valid for 30 days from the
date of this quotation. Customer PO#:
WILCO Custom Electronics
Quotation submitted by. Rick Funk,President
EXHIBIT /- PAGE 3 OF 3
09/23/20 WILCO Custom Electronics Page 3
PO Box 1672 - Richmond, IN 47375 - Tel(765)966-1993
13:54:23 email: rick@wilcocustom.com
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