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HomeMy WebLinkAbout2014 IS Comm Center schedule 19 pay request 1 Lease 2014 — Sch # 19 (Information and Communications Dept.) Payment Request # I EXHIBIT A PAYMENT REQUEST FORM /ACCEPTANCE CERTIFICATE The Escrow Agent is hereby requested to pay from the Acquisition Fund established by the Escrow Agreement dated as of July 10, 2014 by and among the Escrow Agent, the Lessee and Lessor, to the person or corporation designated below as Payee, the sum set forth below in payment(of all/of a portion) of the Acquisition Costs described below. The amount shown below is due and payable under a purchase order or contract with respect to the Equipment described below and has not formed the basis of any prior request for payment. In addition,the undersigned acknowledges delivery, installation and receipt in good condition,and hereby accepts the Equipment described on the attached invoices. Payee: /q -- ,h ici-cL ?9-4-1 Amount: 4 4,14 g` e9, Description of Equipment Item Cost: V a ;x Sys�y Dated: 1 h I tf LESSEE: City of Carmel One Civic Square Carmel, IN 46032 .� i f • By: Name: Di. a or'ra Title: Clerk Treasurer (Attached duplicate original of Payee's statement) PLEASE PAY VIA WIRE TRANSFER: PAGE 1 A. N Hewlett Packard • •Aruba VMware• •Juniper G(� A�` M Cisco Systems• • Fortinet 1 11$211‘ ,v It - �EGvo0 C� Mitel • • Fusion-io MpSRtXtN Microsoft. • Lakeside Software ' Veeam • • Brocade REMIT.TO: Matrix Integration LLC • 417 Main Street, Jasper IN 47546 • Phone 812-634-1550 • Fax 812-634-2573 Bill to: Ship to: City of Carmel Carmel Communications Terry Crockett Terry Crockett Carmel City Hall 31 1st Ave N.W. One Civic Square Carmel IN 46032 Carmel IN 46032 (317) 571-2567 Ext. 0000 Purchase Order#.^ Account ID Salesperson Ship Via Terms Invoice# Invoice Date Page \ 32391 CARMEL BALLINGER DROP SHIP I Net 30 I INV1053793 I 7/29/2014 1 j Quan Item# Description Serial# Unit Price Extended Price 1 NX-1350 NUTANIX - 1350 Virtual Computing Platf $34,875.00 $34,875.00 14SM15280020 3 C-NODE-128GB NUTANIX - Config: Add 128GB (8x16GB) t $1,306.18 $3,918.54 1 NOS-3.5.2 NUTANIX - Operating System Version 3.5 $0.00 $0.00 1 DEFAULT-HYPERV:SONUTANIX - Default Hypervisor Option $0.00 $0.00 1 S-GOLD-1350�1Y.2 NUTANIX - 1-Year GOLD System support f $5,775.00 $5,775.00 6 C-CBL-3M-SFP+-OFPNUTANIX - Cable 3m SFP+ to SFP+ $62.00 $372.00 1 )V1Y J Card/Check..# ORD# AQ101813-04 Subtotal $44,940.54 'THAN K YOU!! ENR/ENR Misc $0.00 ' COMMENTS.' •.. • _ .- - . Tax $0.00 Freight $0.00 _ t: 1 Due: 8/28/20:4 Total $44,940.54 Batch ID: 7/29/14 Payment Received $0.00 .I__—.____._ Invoice . Balance Due._._ _._ ____.__...$44,.940...54___._-:__.___ Please pay from this invoice. All past due charges are subject to a 13/4% per month penalty. SAVE THIS RECEIPT.IT IS YOUR PROOF OF PURCHASE FOR WARRANTY REPAIRS. Terms and conditions on the reverse side. J White Copy-Customer Yellow Copy-File Pink Copy-Store PLEASE PAY FROM THIS INVOICE TERMS AND CONDITIONS I. ACCEPTANCE,MODIFICATION,ASSIGNMENT: By placing this order for software, 12. LIMITATION OF LIABILITY: Matrix shall not under any circumstances be liable to the computers.telephone equipment or related products or services, including the installation and Customer,owner or the Goods and Services or any third party 1'or special.indirect,incidental, cabling or wiring(collectively referred to as"Goods and Services"),Customer(as identified on or consequential damages,including,without limitation, loss of profits or revenues,loss or the reverse side hereof or the Invoice)agrees to these Terms and Conditions which shall prevail damage to other property or equipment,cost of capital or of purchased or replacement goods, over inconsistent provisions in any other form or document of Customer. No change or modifica- or expense,delay or inconvenience caused by or arising front the purchase,sale,use,repair or tion shall be applicable unless set forth in writing and signed by Matrix Integration LLC("Ma- inability to use the Goods and Services or by any performance or non-performance under,or trig"). Neither this order nor any interest therein shall be assigned by Customer except with the breach of,these Terms and Conditions.Matrix's sole liability for any defective Goods and prior written consent of Matrix. Services shall he its repair or its replacement pursuant to the Express Warranties set forth above,or if amended,as applicable at the time of manufacture or repair of the Goods and Ser- vices. Some states do not allow the exclusion or limitation of incidental or consequential M 2. PAYENT:Customer agrees to pay deposit or down payment as required by Matrix.Customer q agrees to pay to Matrix the amount indicated on the Invoice,per terms of invoice from date of damages,so the above limitations or exclusion may not apply to all Customers. Any action Invoice(U.S.Funds only),limn Goods and Services ordered. INTEREST WILL BE CHARGED resulting front any breach on the part of Matrix as to the Goods or Services delivered hereunder AFTER DUE DATE STATED ON INVOICE FROM THE DATE OFINVOICEATTHE RATE, must be commenced within one year after the cause of action has occurred. OF ONE,AND THREE-QUARTERS PERCENT(1.75%)PER MONTH. International sales B. RETURNS AND ALLOWANCES: Because of the nature of Matrix's Goods and Services will require additional payment arrangements. No Goods and Services shall he sold on consign- and or conditional sales basis. Payment I sr the Goods and Services delivered hereunder shall Matri.x's agreements with vendors,Matrix only provides for a tett(10)calendar day retum constitute acceptance thereof Until payment is received in full,all(foods and Services sold to policy based on delivery date. There shall he a fifteen percent(I5%)restocking fee on any in- Customer or listed on Customer's invoices remain the property of Matrix,and Matrix will hold returned item,in addition to any specific out-of-pocket expenses which Matrix may have in- title to these items until such time as payment in lull is received by Matrix. In the event of a returned earned specific to your sale. Any returned Goods must be in new,resalable condition anti check issued by Customer to Matrix,Customer agrees to pay a service fee not to exceed the greater include original boxes.shrink-wrapped documentation and system software. Any return of of thirty dollars($30.0(1)or five percent(5%)(but not more than two hundred fifty dollars(5250.00) Goods must be accompanied by an RMA#provided by Matrix. There are no returns or refunds of the amount due. In regard to open accounts,lease and sales contracts,property and title shall of any kind on any commercial software,opened or unopened. If a software vendor guarantees vest in the Customer only when all monies owed by said Customer have been verified by Matrix satisfaction of their product; it will he.your responsibility to seek a refund directly with that vendor if you are not satisfied. Matrix does not support money-back guarantees on software. as having been paid to Matrix in full. Matrix will exchange an item purchased from Matrix only if that item is found to have been defective,as determined by Matrix,at time of purchase. This will not apply if the item was 3. DELIVERY: The specific terms of delivery are as stated on the reverse side hereof or on the purchased by the Customer with the following notation on the front side of this invoice: AS Invoice. Goods and Services which are delivered in advance of schedule are delivered at the risk IS,NO WARRANTY,"or any notation that implies the same. Before an exchange takes place, of Customer. Matrix is not liable for delays or failure to ship due to fire.strike,act of God,the public the Customer must provide this invoice as proof of purchase. Non-authorized installations enemy or other causes beyond the control of Matrix. With respect to Matrix,all shipments are made by non-certified personnel may void your manufacturer's warranty. Under those circum- F.O.B.point of shipment("Ship To"on reverse side),freight prepaid and allowed. Shipments to stances,any repairs would be classified as out-of-warranty,and be charged for normal service Alaska and Hawaii are freight prepaid and allowed to port of exit. Matrix reserves the right to rates and replacement parts. Matrix makes no warranty as to the suitability of Customer's work select the appropriate carrier. Special requests including,but not limited to, inside delivery, environment for the use of micro computers or telephone equipment. Environmental problems installation.and call before delivery are not included in the price. Any charges arising from failure will be treated and charged as normal service calls. Matrix assumes no responsibility as to the to meet shipment,rerouting while in transit,or carrier storage charges are the responsibility of the protection,suitability and/or integrity of your data. It is Customer's responsibility to back Customer. Matrix will select the carrier unless otherwise specified on the order. Any additional up Customer's data regularly. costs incurred packaging the Goods and Services as a result of request by Customer will he at Customer's cost. If the Goods and Services are not accompanied by a bill of lading, Matrix's 14. SECURITY AGREEMENT: Matrix may require and Customer shall grant a security Invoice shall be conclusive. interest in Goods and Services sold pursuant to any credit Matrix may extend to the Customer. Customer irrevocably constitutes and appoints Matrix as the Customer's true and lawful attor- 4. CLAIMS: All shipments are delivered to the carrier in good condition and Matrix's liability trey-in-tact with full power of substitution to execute,acknowledge and deliver any instru- ceases after acceptance by carrier. If shipment arrives short or damaged,the Customer must file a ments as due and perform any acts facilitating enforcement of Matrix's remedies under this claim immediately with the carrier. In the event of concealed damage,notify carrier and request an Agreement,specifically including,but not limited to,the filing of UCCA financing statements immediate inspection. Keep all cartons and packing material. Failure to file claim within the with respect to any Goods and Services sold by Matrix to Customer. specified time required for each vendor or,if no vendor,five(5)days after receipt of Goods and Services constitutes acceptance and a waiver of any such claims 15. GOVERNING LAW: All disputes between the parties,whether or not arising out of these Terms and Conditions,will be governed by the laws of the State of Indiana. Customer 5. DISCLAl111ER OF WARRANTIES: The express warranties below are Matrix's sole wanrn- agrees to submit to the jurisdiction of and agrees all lawsuits relating to any disputes between lies of it Goods and Services,there are no understandings,agreements,representations,or war- the Customer and Matrix will be brought only in a state coup located in Dubois Count), Indiana or the United States District Court for the Southern District of Indiana. THE CUS- ranties,express or implied(including any regarding the merchantability or fitness for a particular 1'<.).MER HEREBY WNVES'fHE RIGHT TO A TRIAL 155 JURY IN ANY ACTION,PRO- purpose),not specified herein,respecting the Goods and Services. Except for those obligations CEEDING,CLAIM,OR COUNTERCLAIM WHETHER IN CONTRACT OR TORT,Al'LAW of Matrix identified in these Terms and Conditions,all risks related to the quality and performance OR IN I QU1T1',ARISING OUT OF OR RF.I,A PING IN ANY WAY TOTHESE TERMS AND of the Goods and Services and responsibility for repair or service costs rests solely on the Cus- tomer. CONDITIONS AND ALL OTHER DISPUTES BETWEEN THE PARTIES. 6. EXPRESS WARRANTIES: The express warranties of Matrix are as follows: 16. MITIGATION: If,Matrix repossesses the Goods and Services prior to payment by the THE GOODS AND SERVICES SHALL BE COVERED BY THE MANUFACTURER'S WAR- Customer of all amounts due hereunder, Matrix may sell the Goods and Services, AS IS, RANTY OF ANY)WHICH SHALL BE BETWEEN THE MANUFACTURER AND CUSTOMER. WHERE IS,free and clear of all rights of the Customer at either public or private sale, and ONLY WITH AUTHORIZA'T'ION FROM MANUFACTURER,WILL MATRIX ACT AS REFER- apply the net proceeds(after deducting expenses of repossession and sale)to the obligation RAL AGENT FOR WARRANTY RELATED ADJUSTMENTS,REPAIRS,OR EXCHANGES, of Customer hereunder. The Customer shall remain liable for any deficiency. MATRIX MAY AS REQUIRED BY THE MANUFACTURER, DURING THE PERIOD OF T11E DISI'OSE OF THE GOODS IN ANY COMMERCIALLY REASONABLE PLACE AND MANUFACTURER'S WARRANTY. MATRIX SHALL ONLY PERFORM WARRANTY RE- MANNER AND THE CUSTOMER WAIVES ANY NOTICE OF TIME, PLACE AND PAIRS TO THE EXTENT AUTHORIZED BY THE MANUFACTURER. ANY COST THAT MANNER OF SALE. MATRIX INCURS WHILE ACTING AS SAID AGENT OR MAKING SAID WARRANTY REPAIRS SHALL BE THE OBLIGATION OF THE CUSTOMER,SUBJECT TO REIMBURSE- 17. INTEGRATION: This order for Goods and Services,including these Terms and Condi- MENT BY MANUFACTURER. MATRIX MAY,Al ANY TIME,DECIDE NOT TO ACT AS Lions.along with any Credit Application, Invoice.Acknowledgement, Bill of Lading (and SAID AGENT. any exhibits,addenda or amendments thereto)of which this order may be a part,constitutes the sole and complete agreement between Matrix and the Customer with respect to the purchase of 7. ATTORNEYS FEES:Customer shall be responsible for all expenses and costs in connection the Goods and Services. with the enforcement by Matrix of these Terms and Conditions and the costs of collection(includ- ing the fees of any collection agencies to whom time Customer's account may be referred),plus 18. ACKNOWLEDGEMENT: All orders will be acknowledged promptly,showing how the reasonable attorneys' fees(which attorneys' fees shall not be less than 25%of the amount due, order was entered,the approximate shipping time and other pertinent information. It is the unless a lower amount is specified by applicable law). Customer's obligation to examine this acknowledgement carefully and notify Matrix immedi- ately of any discrepancies. Every reasonable effort is made to ship as acknowledged,however, 8. CANCELLATION: All cancellations must be made in writing. Administrative and/or labor the acknowledged ship date is approximate.Matrix will generally ship within fire(5)working charges may he incurred by the Customer depending upon the stage of its installation or ability days of the acknowledged ship date. It'a firm ship date is necessary'.Customer must inform and cost of Matrix to return any(foods. Matrix at time of order and Matrix will make all reasonable efforts to meet each Customer's request. Acknowledged shipping elates are contingent upon the force majeure conditions 9. ORDER CHANGES: All changes to an order must he made in writing and are subject to contained in these Terms and Conditions. Matrix's ability to conform. 10. REMEDIES: The remedies herein reserved shall be cumulative,and additional to any other 19. MATRIX'S PERFORMANCE OF ITS OBLIGATIONS: The production and delivery or further remedies provided in law(Sr equity.No waiver of a breach of any provision of these Terms of the Goods and Services to the extent delayed or hindered or prevented from the peribrnmance by reason of natural disasters,acts of God,strikes,lockouts,labor troubles,inability to pro- and Conditions shall constitute waiver of any other breach or of such provision. cure materials.casualties,failure of power,restrictive governmental laws or regulations,riots, 11. INSOLVENCY:Matrix may Forthwith cancel this order in the event of the happening of any insurrection,acts of terrorism,war or other reason of a like nature not the fault of Matrix shall of the following or any other comparable event: insolvency of the Customer,the filing of a volun- excuse for the period of the delay Matrix's performance and the period for the performance shall tart'petition in bankruptcy,the filing of any involuntary petition to have Customer declared be extended for a period equivalent to the period ol'such delay. bankrupt provided it is not vacated within thirty(30)days front the date of filing,the appointment of a receiver or trustee for Customer provided such appointment is not vacated within thirty(30) days front the date of such appointment,or the execution by Customer of an assignment for the benefit of creditors. REV 4/05 l ® DATE(MMIDDIYYYY) AR D CERTIFICATE OF LIABILITY INSURANCE 4/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Marianne U__an Hylant Group PHONE(A/C.No.Exu:317-817-5136 (AIC,N(2)_317_817-5151 301 Pennsylvania Parkway,#201 E-MAIL Indianapolis IN 46280 AD R@ bylant.com INSURER(S)AFFORDING COVERAGE NAIL fl INSURER A-Charter Oak Fire In$u.fartce CO 2 .615 INSURED CARME80 INSURER B: City of Carmel INSURER C: One Civic Square INSURER D: Carmel, IN 46032 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:970829312 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.POLICY EFF POLICY EXP ILTR I TYPE OF INSURANCE I IAN R WVD I POLICY NUMBER I(MM/DD/YYYY)I(MMIDDIYYYY)I LIMITS A GENERAL LIABILITY Y IZLP14T62033 1/1/2014 1/1/2015 EACH OCCURRENCE I$2,000,000 DAMAGE X PREMISES O(Ea occurrence) $50,000 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE X _ OCCUR MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $2,000,000 • GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 PRO- I $ I POLICY I I JFCT I I LOC COMBINED-SINGLE LIMI I A AUTOMOBILE LIABILITY H8103036P64ACOF14 1/1/2014 1/112015 (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NO OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS _(Per accident) X Comp X Coll Comp/Coll Ded I $2,500 UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ ' $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY'LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under ' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL NAMED INSUREDS: CARMEL CLAY PARKS BUILDING CORPORATION; CARMEL CLAY BOARD OF PARKS& RECREATION; CARMEL REDEVELOPMENT COMMISSION; CARMEL REDEVELOPMENT AUTHORITY; CARMEL CITY CENTER COMMUNITY DEVELOPMENT CORPORATION Certificate Holder is an Additional Insured re:Various Police Equipment/Vehicles CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Huntington National Bank& It's Assignors&Assignees ACCORDANCE WITH THE POLICY PROVISIONS. c/o American Lease Insurance 654 Amherst Rd., Ste.335 AUTHORIZED REPRESENTATIVE Sunderland MA 01375 t 41-t- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD