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Home My Public Portal About067-2018 - Best Equipment - Camera for pipesPURCHASE AGREEMENT THIS AGREEMENT made and entered into this 0""day of July, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners, 50 North 5`' Street, Richmond, Indiana 47374 (hereinafter referred to as the "City") and Best Equipment Co., Inc., 5550 Poindexter Drive, Indianapolis, Indiana 46235 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor a Envirosight Quickview airPack Upgrade for pole camera for the Richmond Sanitary District (hereinafter referred to as "RSD") to assist in monitoring the identification of blockages in the RSD pipelines. The purchase of such equipment will enable City to better monitor clogging or blockages within the RSD system. City verbally requested quote containing certain specifications from Contractor on February 1, 2018. The March 22, 2018 response of Contractor to said request for quote, is attached hereto and incorporated by reference herein as Exhibit "A", consisting of five (5) typewritten pages, which Exhibit "A" includes an itemized breakdown of the cost for the Envirosight Quickview airPack, with an E-QVVAHD tablet and a SPCL Bi-Pod. The response from Contractor also includes the cost of freight. 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. This Agreement shall not take effect until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION 1I. 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. PURCHASE PRICE City shall pay Contractor a sum not to exceed Five Thousand Nine Hundred Ten Dollars and No Cents ($5,910.00) for the Quickview airPack and accessories described in Exhibit "A". The monies to be paid to Contractor are based upon the proposal sheet submitted by Contractor, which proposal sheet is set forth in Exhibit "A", and attached with this Agreement and made a part hereof. The estimated delivery time for the above described Quickview airPack camera and accessories is no later than September 30, 2018. Contract No. 67-2018 Page 1 of 3 SECTION IV. PROHIBITION AGAINST DISCRIMINATION 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. SECTION V. 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 remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. 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. If any portion of this agreement is declared unenforceable by a comIor tribunal, all other portions shall remain in full force and effect. Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. Page 2 of 3 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 Sanitary Commissioners "CONTRACTOR" BEST EQUIPMENT CO., INC. By: By: ue Miller, President Vice President Member Dated: APPROVED: —Da i Snow, *or Dated: Page 3 of 3 Prii Title: Secretary/Treasurer Dated: July 12, 2018 Best Equipment Company SALES QUOTE www.BestEguipmentCo.com EXHIBIT'A' - Page 1 of 5 rrrm c.c, w r v Elijah W. W. Welch District Engineer Richmond, IN ewelch@richmondindiana.gov Quickview Air Retro See attached quote PURCHASE AGREEMENT: COD Richmond, IN Charles Parsley Sales Representative Best Equipment Co. charlesparsley@bestequipmentco.com 1 $5,910.00 $5,910.00 Subtotal $5,910.00 Total $5,910.00 Terms and Conditions: Units are subject to pitnr sale. Does nut Include any applicable tares. Copy of trade title, if applicable, is due at time of agreement, original due at delivery. Contractors are COD This agreement is binding By signing, you agree that you are authorized to enter into [his contract. Delivery dates are estimations bdonnonon is deemed reliable but not guaranteed. &,st Equipment Company is nor linancfally responsible for lost time, revenue, rn any other losses EXHIBIT'A' - Page 2 of 5 Recipient: Eldah Welch, District Engineer Richmond Sanitary District 2380 Liberty Ave Richmond, IN 47374 United States 765-983-7483 ewelch@richmondindiana.gov Quote. 0000026448 Best Equipment Co. Charles Parsley, Southern Indiana S ... Best Equipment Co. 5550 Poindexter Dr. Indianapolis, IN 46235 317-696-693Z fax. 317-823-3060 cnanesparsleyLvesrequipmentco.corn Date: Mar 22, 2016 ) Q Submitted by: Best Equipment Co. Part No. Unit Qty. Extended . %1- E-QVH AIRPACK US $4,500.00 1 US $4,500.00 Quickview airPack Accessory for Quickview Haloptic system that allows wireless viewing and control from a touchscreen tablet device (tablet not included) E-QVAHD-Tablet I US $750.00 1 1 1 US $750.00 Tablet and Case SPCL US $410.00 1 US $410.00 Bi-pod SPCL US $250.00 1 1 US $250.00 Freight Total: I US $5, 910.00 1 This dwAsnent contains confidential Wom+atlon intended fora kdlvidual and purpose, and is protected by law Page 1 d you an tat me Intended reciatenS yar st"M fmanf"to the fndYtdual above. (Contlnr�d ...) My dhx n' copyrng ordh dbrffion of this dwwment atthout fia consent arvendbrand sender Is shkdyprahbNed by law. EXHIBIT'A' - Page 3 of 5 Recipient: E1#ah Welch, District Engineer Richmond Sanitary District 2380 Liberty Ave Richmond, IN 47374 United States 765-983-7483 ewelch@richmondindiana.gov Quote. 0000026448 Best Equipment Co. Charles Parsley, Southern Indiana S ... Best Equipment Co. 5550 Poindexter Dr. Indianapolis, IN 46235 317-696-593Z fax: 317-823-3060 cnariesparsley(gy1)astequtpmantco. com I( Date: Mar 22, 2018 Submitted by: Best Equipment Co. Para No. Unit Qty. Extended _.`. , Notes: This proposal may be withdrawn N not accepted within the Respectfully Submitted, period shown below. All equipment remains the property of Me seler until sum stated above is paid In full. We propose to furnish Best Equipment Co. labor and material, complete in accordance with above specifications, The above, prices, specifications, and conditions are satisfactory and subject to the conditions found on this agreement, for the sum and are hereby accepted. You are authorized for the work specified. stated above in accordance with the terms as specified. Payment will be made as specified. Expiration Period: 30 days Terms: Cash Accepted by Date FOB: Randolph, NJ Currency: US $ L � This downent oonlahts conlidenfiaihdarneflon Wended fora apec#k individual and purpose, and Is protected bylaw. Page 2 tlyou am rwt fhe !Mended rocipkM, you should forward this to tha Mdh4dual above. My disctoaura, ooPl Mfl or distnbutlon oI this document wi hwA the consent of vendor and sender Is abkffy pmWed by law. EXHIBIT'A' - Page 4 of 5 Eli virasight March 12, 2018 Mr. Elijah Welch Richmond Sanitary District 2380 Liberty Ave. Richmond, IN 47374 RE: Envirosight Video Pipeline Inspection Systems Dear Customer, Please accept this letter as notification that Best Equipment with locations in Indianapolis, IN, Cleveland, OH and Louisville, KY, is the sole source for all families of video pipeline inspection equipment, accessories and software provided by Envirosight, LLC for the states of Indiana, Ohio and Kentucky. These systems include, but are not limited to, Rower, Rower X, Supervision, Quickview airHD, CleverScan, JetScan and Verisight Pro. Further, Best Equipment is the exclusive certified service center for all Envirosight equipment and accessories in the same states and district. Please feel free to contact me with any questions or concerns that may arise. Regards, /'� ;C� Mike Putney Northeast Regional Manager Envirosight, LLC Envirosight LLC 111 Can-heid Ave, Unit B3, Randolph, NJ 07869 R 973.252.6700 E: info@envirosight.corn EXHIBIT'A' - Page 5 of 5