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Home My Public Portal About065-2023 - Eastern Engineering - HP DesignJet T1700 44 inch - plotter-printer - 36 month rental AGREEMENT , P THIS AGREEMENT made and entered into this ‘22— day of 11-/ / 2023, and referred to as Contract No. 65-2023, by and between the City f Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Eastern Engineering, 9901 Allisonville Road, Fishers, Indiana, 47038 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to furnish and provide plotter rental services for the Engineering Division and the City, specifically to supply an HP Desigraet T1.700 44" plotter/printer for a thirty-six (36) month rental term, and which services include installation, configuration, and consulting and training. Contractor shall perform all services described on Contractor's proposal which is attached hereto as "Exhibit A" and consists of four (4) pages. 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 for the proper completion of all work specified. 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 accoritince with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION H. 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. 65-2023 Page 1 of 7 SECTION III. COMPIESATION City shall pay Contractor at the rates described in Exhibit A for satisfactory performance of this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect for a period of three (3) years. Notwithstanding the torrn 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 manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor io the City that is incorrect, incomplete, or does not meet reasonable professional standards 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 date this Agreement is terminated, 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-maj cure 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 Page 2 of 7 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. $1.00,000 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 Sectiaii!,!,!, 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 F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence $1,000,000 each aggregate Page 3 of 7 SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall corn* 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. COMPLIANCE WITH INDIA.NA 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 ex':,sts. 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 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. .1:RAN 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 5-22-1.6,5. 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 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. Page 4 of 7 • SECTION IX. PROHI'lTION 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 546-6-1, 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 Indiana who is qualified and available to perform the work to whist 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 is Agreement may be canceled or terminated by the City and all money 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 firom all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. Page 5 of 7 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. Any such. delegation or assignm.ent, 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 .11.0 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 C cuit 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. Any person executing this Contract in a representative capacity hereby warrants that he/she 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 costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. [Signature Page to Follow.] Page 6 of 7 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. 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. "CLIT" "CONTRACTOR" THE CITY OF RICHMOND, EASTERN ENGINEERING INDIANA by and through its 9901 Allisonville Road Board of Public Works and Safety Fishers, IN 47038 By ae:e tC,/ By: Vicki Robinson, President By Printed: (-S roily Pal, er, Member By: Title: YV1 V1144 Matt Evans, Member APPROVED: ( Date: (-1 - 2/ Sn , M' or Date: Oq Page 7 of 7 , . PROPOSAL DATE ISSUED; March 6,2023 , • HP DesignJet T1700 Rental PROPOSAL PREPARED FOR: Ian Van ness City of Richmond ivanness@richmondindiana.gov 765-983-7217 EASTER '1110YEARs 11 111r7 ,1111 , *Immuir` Engineering ,'''' '' 1! 1972*2022 EQUIPMENT * SALES • SERVICE * SUPPLIES W1DE-FORMAT PRINTERS BOOK SCANNERS 11 _....",„ .„...11111111111117' E;) ' „... 1.111111111111111111111111 nitals • indus' eallaild Intai)Canon MULTIFUNCTION PRINTERS cc' .., - r;a olallir' --, , ... . . -1Ag „Alistr,,,„ ,!1-• EPS014 771,211r7:',Iet, 37,1,,,,,-: ,.,,,,,,,,„„ -: i,.., EXCEED YOUR VISION ,,,,/,1,',,,,,,/,',,,,;',k-W '''','VrP,A,,,"' ' -"„ a---.....-..47,,,,' 0/#,0, % , Am,,,, opAN%%ki2g6,,,',, h,,,,,,i,,z,„„LI,i '' ','"--7,-- ,it?'fif'z 4/ /'''„,," ',///p0://[fitr er, 7"( ''' /i'', ,/," i''/' '147,4il fi,,, /itt to t",ii ( ) 61/ ( ""44"""'- .)„"" ,,:, ,., l ,,,11„„m, 11,,,,,a,""'",,,„„,;"; ,1111,"1,11,11, „,,,„":1!",,qp,,,,,,,„, 1„1,,,,1,11y,1 „1„„,1:,,,,,,, ,;„Il 11, -,,;,,„;,,"'"' ,,,,111,,""1,, ,"''.' 1:",' 1„k ,,,,"';" ,a,',,:„',", ,II,,,1,11 ',' ,' ,01'11, "";" •,,,,,, 14,,h,,,,," ,„',,1,1,"" ' 'l ;""1",,,,,,,,,,,t"111111,1,'1,,1,1„:111„,„,11",,,„„,1,11""el''!,,"!„,"",,,I,Ha,,,I,, ,:"1111'1"1"I'l"1",, Ilis proposal is valid for 20days,The contents of this proposal are considered to be EaStetri Engineeting private data and ate ' provided for the exclusive use of your company.The contents herein may not be reproduced without the specific written permrseron* of Eastern Engineering This proposal is for infoonatkanal purposes only and does not constatit' e a contract or an offer to contract. r-iro Priting is suteect" to change at any time.EaSUNTI Engineering dedit terms a itet te net 30 days.soul to credit approval.This pposal does not irdude app/icable State and Federal Taxes. _..-- ........— . ,....... 1111LEASTERN we- 0 '44.00- Engineering WEE Certified HP DesignJet T1700 Printer Accurate Color, 44 inch, Easily Handles Complex Files * Dual risits make'rt eresiei to switch paper types The worlds most secure large formatpnrt ,,,v,,,, ' 1 DI II 111.1,oliwo1111,--17-11.777-11.77711 , . Only HP printes C411deLect,se sell.netlfronl rnAlware * Best nntwort,protection'e.it. 1"0,5 open HP stew,.boo,„ Arid Whitt'llStirlg,!at.Curo,IPR P',"4PCifireviall md doea,%:,140a , II a,'41••i,•„••/•/e,,,,,„, ,„„ „ rtific,tes rn4r,c3gaarrie,rt.„ 1 if(144?''''i/Ii2II'''',, 6tI,If',, 79, l'•'i'V',..•'46(iii.ia'"I'''''Ir ia,°11'. i d,NIIII,i'46”1") j'II6i••.'i,i' •,i4iiiO4i i 6I r'l , .rn..4re 1 ,,,,," r',,,, 4 A 044 '',?' 'w, T ' *Optional Postscript for Adi,i.e PDF drivers free up i .2 n 'ty ‘4,0 ,Nrrrp,, ,1 Imenr,,,t1,,,ilif( ,i, ,,,,,,„ your computer ininnediately after sending to '), '41/toel —even the most complex files FIIIMIIiThrei• e ' - 4 4'4'<, )(if‘iii;i0 *,',,'") •128 GB memory,116 Al/D p 500 GB self-encrypted hard disk ,„„rI 01 la oaal Iv oil lit Its '''A'i iii I illw,' • i i 1 Ilea,„airs i le, 11 sok at gs/hr, 1 I ar ro 1 f I ill/ 'IR 11III " .., 1 IIIIIIIsII *Easily pront project sets and PDF documents with HP Click printing software •Bright color and bold image quality for line drawings, for 2 •Standard 1 roil with option rolls renderings,presentations,maps,orthophotos *Highi,ciensity printhea p vid 2400 nozzle per • Roll size l'i to 44 in•Sheet size 8x11 to 44e66 in ds roe s inch,enabling 0.1%line accuracy *HP Thermal inkjet with 6 inks •44-inch wide printer a perfect fit for IS,utilities and survey maps IrIII•IlII"6 If,16rilliPir,r)ifrrililffoliTIPIrPaililrailfr4/1,41011;PW,P1,411011011•1#1111,11rifIXFP0IiInIllidtrAIIIII'40U'AISI40,,, ' —Err,,a11110IIIIIIIII II i„ ",,I,Iall•II!.',I,skli,,,I1Ill,„I isaILs,„,„„,„„,,,,,i,„5,,e,,,,aa,,,o,lai,„„,„„,„,„,,,p „,,,,,,,,,,,,,,,,,,,,,,,,„,,,g11,L,,,,,ougq„6„p flu,„, ,, ,, , , , , '', "VrilirrillaPIENralign,7,73,7:7714MXXS47,,"1 1 ,ARCY(SigiarfaXXISWAWATL,P,TRMArT,TWOMMTIrq.01,"1," y.4.15 • -,1.-- "_. ' ' ' ' , , , , t,, (I,,„, ,r14111 GEOLOGIC MAP OF 1146 frIfil,f1N47NAM SOU774 7 5-MONO re 0 CIADfql4NGLE, JF7FERSON AND SHE7,I1Y COUNTOF S.,ALABA.404 th -- ----- r,--____—T__„, PAGE.------..; ur-—, ,t f EXHIBI ,. I-,. Mike Hesser 1 317-460-9013 I mike.hesserfteasternenqineering.com 2 ~ ��0�VN�� U��' � 0��0� WAN WAPOW EnBioeerim # WOE Ultifiee Financial Considerations 0 2Aroh Ddnswing per minute * Catch Basket 0 1 Roll (2 inch oone, upho30Oftlong rolls) m HP Click ''obmubnnission sofbxmna Single Roll Option Monthly F(�nba| Payment $69 _ High CAD Color orB8W usage fee wY35 |bbond aerial h $ 'Lmx�� ----------or y�umezefeevv O|b bond paper(line drawings) $.30/sq ft ------- ---- — Installation, configuration and training $349 • Single footphnt/2 C-eize B&VVmrCo[mrprintm perrninute ~ Ink,#20 bond paper, maintenance, tech support and preventative maintenance included * Deliveries and shipment of supplies subject to UPS or Delivery charges • All orders have an associated tech nology/hand ling fee per invoice of$12.50 or less. (subject to change without notice) m Postscript /PDF\ and HPGL2 print drivers: Included De}ivery/|nsta||ation/TraininqCharges � Additional charges to be added for rigging company (stairs/elevator), stair crawler, & movers will be quoted per device. These charges can be added to any term FMV lease through Eastern L ^ Installation/Training no more than 2daya. � Eastern Enginmring to handle all instal|aUon/tnaining and service. The above pricing does not include applicable soles tax. Prices quoted are subject to change and should be verified efn/e placing your order. Accepted by: Date: By signing this proposal, you are authorizing Eastern Eng/nee to order, install and invoice the above listed equipment. � ~^_ EASTERN Engineering tritE Certified Thank you for the opportunity to present this proposal. Even after purchasing your new printer, 1„111111j1,11 our commitment to you as a customer will continue. Please feel welcome to call us for service, 11 111 supplies, or questions about your new equipment. We are here long-term to support your business - and help make you successful. On behalf of our entire team, we look forward to working with you. Don't hesitate to contact me if you have any questions. Here is an overview of the next steps toward delivering your new printer. Thank you again, Mike Hesser 317-460-9013 I mike.hessereasternengineerincecom NEXT STE PS meet 44°11;ft meet a better tear" PeoPIP who want to make, sure you are Icompletely satisfied with your new eqttipnent. ' 1 f,71'11",110' 1 Y1 1'1,1::11; Nancy will make arrangements with you to schedule a time for installation. If renting or leasing, e!,1111 111,,,,1114 :"11111 an agreement will be emailed to you through ESertif. She can also order inkftoner and paper,and send 11111 j114, quotes for specialty media if you are interested. She has all the answers and is a master at making this easy. 1111, 1 Nancy will follow up a few weeks after installation to make sure you are enjoying your new printer. 111 1 Nancy Gerde 866-884-4115 Ext.238 I nancy.gerde@easternengineering.com Nancy Gerde 4, "VMMMO Our service manager, Sue,will be working behind the scenes to make sure we have everything ready for the day we deliver and install your new printer. She ensures the transition to your new printer is seamless, 1' Sue will answer your calls if you need service or have a question for the technician. Sue Bauer I 1-800-884-4115 ext.215 I sue.bauer@easternengineering.com 1111111,1 Sue Bauer ,1111, ' ,IA,101111 ,Lphuo 17'4„ Jim Mike Matt Grant Kevin Jason Chase Certified Certified Certified Equipment Certified Certified Equipment Technician Technician Technician Technician Technician Technician Technician Our service technicians will complete a pre-install check list As one of our customers you will receive: with you before we deliver the printer to make sure your •4-hour phone response during business hours installation day goes smooth. - Expert advice and a friendly, consultative approach Your delivery day is carefully paned to ensure electric Same or guaranteed next-day, on-site service voltage, networks and space requirements are all considered. Experienced, manufacturer trained technicians Installation includes establishing network connections, Free software updates with contract loading software, setting up printer sharing and training. -Telephone support !EXHIBIT k.PAGE- 1—OF 1.(,. Mike Hesser I 317-460-9013 I mike.hesserfteasternenqineerine.com 4