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Home My Public Portal About050-2021 - Police - Blunk Safety Systems - Installation of Lights & Sirens in Police Cars PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this /` day of /f/ / , 2021, by and between the City of Richmond, Indiana, a municipal corporation act- g by and through 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, cage partitions, consoles, and siren systems for nine (9) new police cars recently purchased 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 00031182) to the Richmond Police Department's specific quantity inquiry is attached hereto as "Exhibit A", which Exhibit, received March 12, 2021, consists of four (4) 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. Contract No. 50-2021 Page 1 of 7 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. 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 Twenty-six Thousand Forty-three Dollars and Sixty-seven Cents ($26,043.67) 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, which services are anticipated to be completed within thirty(30) days of the issuance of a notice to proceed. 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; Page 2 of 7 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. 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 Page 3 of 7 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. SECTION VII. 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, national origin or ancestry against any citizen of the State of Page 4 of 7 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 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 Page 5 of 7 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 6 of 7 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, BLUNK SAFETY SYSTEMS INDIANA BY AND THROUGH ITS Board 4113 Turner Road of Public Works and Safety Richmond, IN 47374 By: �,(4 - <`, icki Robinson, President By: By: mily Pa er, Member By: G Title: 5,Gc Matt Evans,Member APPROVED: I Date: '13 • . Sno , Date: 011 ®6 242Ti� Page 7 of 7 • • • 1 ,1 Safer1 Systems v x � 71 � I� t 4113 Turner oad (21 Richmond, IN 47374 Quote Number: 2021 Charger PAT Quote Date: Mar 12, 2021 Page: 1 Voice: 765-935-3566 Fax: 765-935-9713 Richmond,City of 50 North 5th Street Accounts Payable Richmond, IN 47374 Custoa er ilk Goad�'Ifa a,. .. • Pala an rer s Sales�Rep richmond pd 4/11/21 Net 30 Days Corey S. Munk :: Quantity ' :;` ItemDesc ilption _ :.:,:;;.. UnitPn a A�?eagnt 7.00 LGD45Z 45" Federal Legend Lightbar(ISP Spec) 878.00 6,146.00 RedBlue with Take Downs and Alleys 7-00 295SLSA6 Whelen Siren/Switch Control 309.00 2,163.00 7.00 ES100C Federal Signal 100 Watt Speaker includes 168.00 1,176.00 Bracket 7.00 11.1010STT.BTL Sho-Me Tailbar Flasher for Dodge Durango 48.00 336.00 and Dodge Charger(Tail Bar and Reverse Lights) 7.00 C-VS 2500-CHGR 2 Havis Vehicle Specific 25" Console for 343.25 2,402.75 2021+Dodge Charger Police 7.00 CUP2-1001 Havis Self-Adjusting Double Cup Holder 44.45 311.15 7.00 C-ARM-103 - Havis Flip-Up Arm Rest 100.73 705.11 7.00 C-AP-0645 Havis 6"Accessory Pocket 49.25 344.76 14.00 C-MCB Havis Mic Clip Bracket . 10.60 148.40 7.00 PFW5600C11A Pro-Gard Standard Partition w/Lower 558.00. 3,906.00 -- Extension Panels(2011+Dodge Charger) 7.00 Installation Includes all wiring, fusing,and shop 500.00 3,600.00 materials 1.00 Shipping Shipping 145.25 145.25 f . Subtotal 21,284.41 EXHIBIT /� I'�GE ®�� Sales Tax YOT ►L r- 1';2849; • grl Elir L'.77*: F.] r4\17f Safet,'4113 Turner Systems mad Richmond, IN 47374 Quote Number: 2021 Charger DET • Quote Date: Mar 12, 2021 Page: 1 Voice: 765-935-3566 Fax: 765-935-9713 Quoted To Richmond,City of 50 North 5th Street Accounts Payable Richmond, IN 47374 :POEftOraeOPGood Thrn Paymnt.Terms Sales Rep • richmond pd 4/11/21 Net 30 Days Corey S. Slunk Quantity item • : • - Description Unit Price . Amount 2.00 ILS Low Pro Federal Low Profile ILS Visor Light 499.00 998.00 Red/Blue with Take Downs) 2.00 XSM2-BRW Federal XStream Dual Head 151.00 302.00 (Blue/Red/White) Rear Deck 4.0.0 416900-RB Federal Dual Color LED Hide Away 62.50 250.00 (Red/Blue)4 Corner Mounted • 2.00 11.1010STT.BTL Sho-Me Tailbar Flasher for Dodge Durango 48.00 96.00 and Dodge Charger(Tail Bar and Reverse Lights) 2.00 295SLSA6 Whelen Siren/Switch Control 309.00 618.00 2.00 ES100C Federal Signal 100 Watt Speaker includes 168.00 336.00 Bracket 2.00 C-VS-2500-CHGR-2 Havis Vehicle Specific 25" Console for 343.25 686.50 2021+Dodge Charger Police 2.00 CUP2-1001 • Havis Self-Adjusting Double Cup Holder 44.45 • 88.90 - 2.00 C-ARM-103 Havis Flip-Up Arm Rest 100,73 201.46 2.00 C-AP-0645 Nevis 6"Accessory Pocket 49.25 98.50 4.00 C-MCB Havis Mic Clip Bracket 10.60 42.40 2.00 Installation Includes all wiring, fusing,and shop 500.00 1,000.00 materials • 1.00 Shipping Shipping 41.50 41.50 Subtotal[EXHIBIT A PAGEOF 4,759.26 Sales Tax TOTAL 446-67i6 Quantity Purchase Agreement Qty Purchase Agreement QPA Number Page With The State Of Indiana 0000000000000000000031182 1 of 2 Requisition Nbr.: Vehicle Emergency Lighting Vendor BLUNK SAFETY SYSTEMS INC Effective Date: 09/01/2019 • Remit to: 4113 TURNER RD Expiration Date: ' 08/01/2021 RICHMOND IN 47374 Agency Number: Facility: ASA-19-044 Vendor ID: 0000078510 Vendor Telephone Nbr: Name and BLUNK SAFETY SYSTEMS INC Name Of Contact Pers: Address Contact Email: of Vendor: 4113 TURNER RD FAX Number: RICHMOND IN 47374 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 1 99,999,999.00 EA 000000000100335340 Bracket,Siren Speaker ES100C 13.2000 2 99,999,999.00 EA 000000000100335341 Flasher,Headlight,Wig-Wag,Chevy Tahoe 35.1000 • 3 99,999,999.00 EA 000000000100335342 Flasher,Headlight,Wig-Wag,Dodge Charger 35.1000 4 99,999,999.00 EA 000000000100335343 Flasher,Tail light " 35.1000 5 99,999,999.00 EA 000000000100335344 Lightbar,44 1,080.0000 6 99,999,999.00 EA 000000000100335345 Light,Deck,Dual Red/Blue,LED 126.9000 7 99,999,999.00 EA 000000000100335346 Light,Deck, Single,LED,Blue 79.0000 8 99,999,999.00 EA 000000000100335347 Light,Deck, Single,LED,Red 79.0000 9 99,999,999.00 EA 000000000100335348 Lighting Control,New 245.0000 10 99,999,999.00 EA 000000000100335349 Repair,Lighting Control, 1-5 years old 75.0000 11 99,999,999.00 EA 000000000100335350 Repair,Lighting Control(5+year old) 110.0000 12 99,999,999.00 EA 000000000100335351 Rack,Shotgun 302.1100 . 13 • 99,999,999.00 EA 000000000100335352 Speaker,Siren 95.0000 14 99,999,999.00 EA 000000000100335353 Console,Dodge Charger 366.8500 15 99,999,999.00 EA 000000000100335354 Console(Printer),Dodge Charger,Havis-.Model 483.2700 C VS-1800-CHGR-PM • 16 99,999,999.00 EA 000000000100335355 Console(Printer),Dodge Charger,Jotto-Model 599.2000 425-6631 • 17 99,999,999.00 EA 000000000100335356 Console,Dodge Ram Truck,Havis-Model# 599.2000 C-VS-0814-RAM-2 18 99,999,999.00 EA 000000000100335357 Microphone 31.7200 19 99,999,999.00 EA 000000000100335358 Mount Laptop 184.1300 20 99,999,999.00 EA 000000000100335359 Mounting Base,Havis Computer-Model#:C-MD-204:Low 134.5000 • Profile Tilt Swivel 21. 99,999,999.00 EA 000000000100335360 Siren,Federal Signal SmartSiren Platinum 2000, 569.0000 SSP2000B 22 99,999,999.00 EA 000000000100335361 Lightbar,Federal Signal SpectraLux Internal Lighting 590.0000 • System(ILS)Multi-Color Rear,SILSD-2644775 23 99,999,999.00 EA 000000000100335362 ,Warning Light,Exterior,Federal Signal Micro Pulse 61.0000 Ultra,MPS620U-BR 24 99,999,999.00 EA 000000000100335363 Warning Light,Exterior,Federal Signal Micro Pulse 61.0000 • /� Ultra,MPS620U-BW 1 EXHIBIT I ' PAGE 3 OF y State Form 9955(R10R-08)-Electronic Version Approved by State Board Of Accounts,2008 Quantity Purchase Agreement' Qty Purchase Agreement QPA Number Page • With The State Of Indiana 0000000000000000000031182 2 of 2 Requisition Nbr.: Vehicle Emergency Lighting Vendor BLUNK SAFETY SYSTEMS INC Effective Date: 09/01/2019 Remit to: 4113 TURNER RD Expiration Date: 08/01/2021 RICHMOND IN 47374 Agency Number: Facility: ASA-19-044 Vendor ID: 0000078510 . Vendor Telephone Nbr: Name and BLUNK SAFETY SYSTEMS INC Name Of Contact Pers: Address Contact Email: of Vendor: 4113 TURNER RD FAX Number: RICHMOND IN 47374 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 • 25 99,999,999.00 EA 000000000100335364 Warning Light,Exterior,Federal Signal Micro Pulse 61.0000 Ultra,MPS620U-RW 26 99,999,999.00 EA 000000000100335365 Bracket,Federal Signal Pillar Bracket,MPSM6-LB 7.3500 • 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 EXHIBIT PAGE y _OF y Indianapolis,Indiana 46204 s Telephone:(317)232-3150 State Form 9955(R10/7-08)-Electronic Version-Approved by State Board Of Accounts,2008