Loading...
HomeMy Public PortalAbout171-2018 - Best Equipment -PURCHASE AGREEMENT THIS AGREEMENT made and entered into this 2 6 7"1f day of 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., 5550 Poindexter Dr., Indianapolis, IN 46235 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor a new Envirosight Cleverscan Manhole Scanner that will connect to and use existing camera truck software used at Richmond Sanitary District (hereinafter referred to as the "District"). Contractor, the only vendor with the ability to supply the Envirosight Cleverscan Manhole Scanner that connects to and, uses existing camera truck software used at the District, has given City a Sales Quote dated September 17, 2018, and is contained in Exhibit "A", which Exhibit "A" consists of two (2) pages and is attached hereto and incorporated herein by reference and made a part of this Agreement. Exhibit "A" also includes the Contractor's agreed upon item bid and the unit price for that bid. 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 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. SECTION III. PURCHASE PRICE City shall pay Contractor for the Envirosight Cleverscan Manhole Scanner a sum not to exceed Seventy -Two Thousand Dollars Five Hundred and 00/100 ($72,500.00). The estimated delivery time for the above described equipment is not to exceed ninety (90) days after the execution of this Purchase Agreement. 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 Contract No. 171-2018 Page 1 of 3 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 com1 or 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 By: � ./ZL Sue3Afften President v Aman Bakshi, Vice President G ns, Member Dated: ` b& APPROVED: Dated: / Page 3 of 3 "CONTRACTOR" BEST EQUIPMENT CO. M- Prii Title: Secretary/Treasurer Dated: Nov. 26, 2018 Best Equipment Company SALES QUOTE www.BestEguipmentCo.com EXHIBIT'A' - Page 1 of 2 Sep 17, 2018 30 Days Elijah W. W. Welch District Engineer Richmond, IN ewelch@richmondindiana.gov Envirosight Cieverscan Manhole Scanner Camera head, camera head control assembly, ring base, hand truck, two hoods, ring base extenders, and Wincan license PURCHASE AGREEMENT - Ris]C Charles Parsley Sales Representative Best Equipment Company charlesparsley@bestequipmentco.com $72,500.00 $72,500.00 . Subtotal $72,,500.00 Total $72,500.00 Ter ins and Conditlons: Units are -subject to prior sale. Does not include any applicable taxes. Copy of [fade title, if applicable, is due at time of agreement, original due al delivery. Contractors are COD. This agreement is hind ing. By signingyou agree that you are authorized to enter Into this contract. Delivery dates are estimations. Information is deemed reliable but not guaranteed. Best Equipment Company is not financially responsible for lost lime, revenue, or any other losses. EXHIBIT'A' - Page 2 of 2