This CONTRACT is made and entered into by and between ____________________________, hereinafter referred to as the “Supplier” and the Lake County Board of Commissioners, hereinafter referred to as the “Board”.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Board and the Supplier do hereby mutually agree as follows:

I. PURCHASING METHOD

A. This is a purchase of supplies governed by IC 5-22-8-1.

B. The purchasing authority is identified by an “x” below:

II. TOTAL CONTRACT PRICE

A. For the delivery of the supplies covered by this contract, the Board shall pay to the Supplier not more than the sum of _________________________________________ DOLLARS AND ___/100THS ($____________).

B. The actual total shall depend on the quantifies delivered.

C. The source of funds for payment under this Contract is________________________

III. CONTACT PERSONS FOR THIS CONTRACT

IV. EXECUTION AND START DATES

The contract shall first be executed by the Supplier and is effective as of the date of execution by the Board which is __________________, 20________.

V. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

The Supplier shall carry public liability and property damage insurance in amounts as outlined below:

A. Seven hundred thousand dollars ($700,000) for the death or injury to one (1) person in any one (1) occurrence and five million dollars ($5,000,000) for injury to or death of all persons in the occurrence as required by IC 34-13-3-4.

B. Provide public liability and property damage insurance in the amount of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the general aggregate.

VI. THREE DOCUMENTS THAT ARE INCORPORATED AS PART OF THIS CONTRACT BY REFERENCE

A. The specifications prepared for this supply quote.

B. The quote submitted by the Supplier.

C. All the applicable provisions of IC5-22.

D. All provisions of State Law applicable to the Board and/or governmental entity or entities which is/are a party to this Contract are incorporated by reference as a part of this contract.

E. The vendor qualification affidavit of the Supplier.

VII. PAYMENT FOR WORK PERFORMED

A. Billing for the services rendered under this contract shall be in the form and manner prescribed by the State of Indiana and the Board.

B. A claim form for payment must be submitted.

C. Should there be a dispute regarding any invoice or payment, the party raising the dispute shall notify the other party upon discovery of the reason. Payment of any invoice shall not be a waiver of any right associated with a dispute and with the invoice or payment, and any future payment may be modified accordingly to rectify any discovered discrepancy.

D. Approval of and payment of claims is governed by Lake Board Council ordinance which permits the claim payment by the Auditor before Board allowance at a public meeting

E. By execution of this Contract the Lake County Board of Commissioners or Lake Board is not agreeing to use funds other than the funds in the budget designated for this project. The sources are restricted to those funds which have been appropriated for this purpose by the Lake Board Council as applicable and approved by the Department of Local Government Finance, the State Board of Accounts and/or the Department of Local Government Finance, as applicable. In this regard this Contract may be terminated, in whole or in part, when the Lake Board Auditor makes a written determination that the funds are not appropriated or otherwise available to support continuation of performance. Such determination shall be final and conclusive. Notice shall be given to the Supplier as soon as the Board is aware of such a situation. However, the Board will make good faith efforts to provide funding for this Contract, and if such funding is available and appropriated, the Board shall fulfill its financial obligation, subject to all this contract’s terms and condition

VIII. DISPUTE RESOLUTION

A. The intent of the parties is to settle all disputes if they arise through the dispute resolution procedure outlined in this section.

B. However, one party feels that there is a default in any of the contract’s terms and conditions and does not feel that the procedure in this section meets its action requirements, then the party complaining of a default shall notify the other party in writing of the complaint, and the other party shall have ten (10) days from the date of receipt of the written notification in which to cure the purported default.

C. Only after the expiration of the ten (10) day period described herein may the parties resort to legal proceedings to enforce any of the terms and conditions of this Contract or to collect damages in a court of competent jurisdiction.

D. The preferred procedure for the settlement of disputes is as follows:

Step One: The parties shall first attempt to resolve any dispute under this contract through a joint meeting of the Board’s representative and the Supplier’s representative. Any contract reached by these two parties if then approved by the Board and the Supplier is the final resolution of the dispute.

Step Two: If there is no resolution under Step One, the Board and Supplier shall then attempt to resolve the dispute. If successful, this is the final resolution of the dispute.

Step Three: If there is no resolution under Step Two, the parties shall then initiate pre-suit mediation. Rule 8- Optional Early Mediation in the Rules for Alternative Dispute Resolution of Indiana Rules of Court shall apply. Any contract between the Board and the Supplier during pre-suit mediation is the final resolution at the dispute.

Step Four: Litigation in a court of competent jurisdiction in Lake County, Indiana.

IX. ASSIGNMENT OF THE CONTRACT

The Contract shall not be assigned, except with the prior written consent of the Board. The Board’s consent shall not be construed to relieve the Supplier of any responsibility for the fulfillment of the Contract.

X. CHOICE OF LAW

This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and suit must be brought in Lake Board, State of Indiana.

XI. EQUAL OPPORTUNITY

A. The Supplier agrees by the execution of this contract that regarding its operations:

B. Pursuant to Indiana Statute and Board policy, Supplier shall not discriminate against any employee or applicant for employment, to be employed in the performance of this contract, with respect to his/her hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee’s race, religion, color, sex, gender, sexual orientation, gender identification, genetic identification (including family medical history), age, marital status, national origin, disability, political affiliation, veteran status, or any other trait or characteristic protected by law. Breach of this covenant may be regarded as a material breach of contract.

C. The provisions of all Federal Civil Rights laws and the Indiana Civil rights laws as applicable are incorporated by reference as part of this Contract.

D. Breach of any of the equal opportunity and/or the nondiscrimination provisions of the Contract may be regarded as a material breach of the Contract.

XII. WAIVER OF RIGHTS

No right conferred on either party under this Contract shall be deemed waived and no breach of this Contract excused, unless such waiver or breach shall be waived in writing and signed by the party claimed to have waived the right or excused the breach.

XIII. E-VERIFICATION

XIV. MISCELLANEOUS PROVISIONS

A. This Contract represents the entire understanding between the parties, and modifications of this Contract shall not be effective unless reduced to writing and signed by both parties.

B. In the event any portion or portions of this Contract are found to be void or voidable portions, these portions shall be stricken, and the remaining portions enforced.

C. The Supplier warrants and certifies that the Supplier is not disqualified because it is a Supplier dealing with the Government of Iran as that phrase is defined in Federal Statute.

D. For accounting purposes only and not a part of this contract, the Lake County Commissioners Purchasing Department shall attach to the purchase order generate by this contract a copy of the quote submitted by any other vendor which was not approved by the County Commissioners.

IN WITNESS WHEREOF, the parties hereto have caused this Contract consisting of fifteen (15) pages to be executed by their duly authorized officers on the day and date indicated in paragraph IV on page 1.

_______________________________________________________________

COMPANY NAME

_______________________________________________________________

COMPANY STREET ADDRESS

_______________________________________________________________

CITY, STATE, ZIPCODE

_______________________________________________________________

TELEPHONE NUMBER

_______________________________________________________________

EMAIL ADDRESS

ALL OF WHICH IS APPROVED THIS_________DAY OF __________________, 20_______

BOARD OF COMMISSIONERS OF THE COUNTY OF LAKE

______________________________________________           VENDOR SIGNATURE:______________________________________________

______________________________________________           BY:______________________________________________________________

______________________________________________

ATTESTED:

LAKE COUNTY AUDITOR: ______________________________________________