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