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HomeMy WebLinkAbout245927 06/03/15 a`%' pM• CITY OF CARMEL, INDIANA VENDOR: 00352213 ® ONE CIVIC SQUARE NELSON ALARM COMPANY CHECK AMOUNT: $*******375.00* ?�; CARMEL, INDIANA 46032 2602 E 55TH STREET CHECK NUMBER: 245927 9 j��'.ON�� INDIANAPOLIS IN 46220 CHECK DATE::• 06/03/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1208 4350900 32672 15041615 375.00 CONVERT ENERGY CNT AL 05/27/2015 11:41AM FAX 3172538802 NELSON ALARM 160001/0001 AL NELSON ALARM COMPANY 2602 East 55th Street Indianapolis, 5 X21g5 Involve Number 15041615 Phono:377.255.2125 Fax:317-253-8502 Sale Date 41312015 WWW.nelsonWarm.com Due Date 4/23/2015 Purchase Order# 32672 I Carmel Redevelopment Comm, '., ' SeNlCe•Address Don,Cleveland Carrrtel Energy Center 30 W.Main St, Sulte 22p 891 3rd.Ave SW Carmel,'IN 4603.2 ... ;Carmel, IN,46032 Description Qty Price Not Tax Total " SERVICE CALL 1 $375.00 $375.00 $0,00 $375.00 Service call on 4/1/15 to replace the AES signal communicator with TOTALSL. $375.00 $0.0-0-7 $375,00 a new IPGSM cellular signal communicator. PO#32672 Submitted To JUN 01 2015 Clerk Tr easurer .....:......................... ..::.....: ::::.::::::::.: .Reium'Stub:Selovcr..:......................::..............:....-----.....,.....:........................ • NEN ALARM ® CJ NELSON ALARM COMPANY f 2602 East 55th Street Indianapolis, IN 46220 Phone:317-255-2125 Fax:317-253-8802 www.nelsonalarm.com Statement Of Account Salesman: DEN Carmel Redevelopment Comm. Date Of Issue 5/5/2015 Don Cleveland Telephone 30 W Main St, Suite 220 Carmel, IN 46032 > Last payment-received from you was- $588.00 on 12/18/2014 Your current balance is $375.00 Your last invoice was dated 4/3/2015 for a total of$375.00 Due D Invoice Total Sale Previous Payments Balance Due armel Energy Center 891 3rd Ave SW 4/23/2015 _-- 15041615 $375.00 $0.00 $375.00 Current Amount 1 -30 Days 31 -60 Days 61 -90 Days 90 + Days Overdue $0.00 $375.00 $0.00 $0.00 $0.00 Submitted To JUN 01 2015 Clerk Treasurer - ----------------------------------------------------------------------------------Return Stub Below•------------------------------------------------------------------------------------- Please return this portion of your statement with your payment. Thank you! Bill Payer ID: 9362 Customer : Carmel Redevelopment Comm. Date Remitted m m Total Due: $375.00 Amount Remitted 1 1 131ol v Payment Check F—] Check Number Method i _Card Number Exp Date Charge*F1 Name On Card Card ID Signature *Please Note: If paying by charge card,we can only accept payment by:Discover, Mastercard,Visa. Please Remit Payment To: Nelson Alarm,Inc,2602 E.55th Street, Indianapolis,In 46220 /�Statement generated: 5/5/2015 ( 5WGUARL LITHOUSA 12/11 L05SF012491M INDIANA RETAIL TAX EXEMPT PAGE Cloty of Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 32-67Z Z 35-60000972 ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES,A/P CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDORGIG 1p DZ E. Jr-, .3T TOIP CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 7-4 � 0641A&� t Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT / -'709 z/s SC)9 Q,o PAYMENT • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOS RDER. •SHIP REPAID. (/ •C.O.D.SHIPMENTS CANNOT BE ACCEPTED. 1-7 •PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY SHIPPING LABELS. •THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 TI AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK-TREASURER DOCUMENT CONTROL NO. 326 7 2 VENDOR COPY NELSON ALARM, INC 2602 East 55th Street, Indianapolis, IN 46220 Sales-Service: 317-255-2125 Fax: 317-253-8802 E-Mail- NelsonAlarm@NelsonAlarm.Com Commercial Alarm Sales/Monitoring Agreement Customer Name: Carmel Energy Center Date: 3/17/15 Address: 891 3rd Ave SW Phone: 571-2590 Todd City,State,Zip: Carmel, IN.46032 Cell: Customer authorizes Contractor to install the following security systems: ❑Alarm System ❑Digital Communicator ❑Monitoring ❑Maintenance ❑ Back-up Signal Transmitter Wireless Keyfob(s) existing Fire panel Control Panel w/ Motion Detector(s) battery backup Low Temp Sensor Smoke Detector(s) Ke ad Digital s change dual hone dialer&AES out g Keypad(s)( ) Heat Detector(s) with one Honeywell iGSMCFP4G Door Contacts internet&cell device Inside Siren Window Contacts Outside Siren Glass Break Detector(s) Total Price$375.00 plus sales tax,payable 0%at signing,with the balance due upon completion. For central station monitoring$49.00(same rate as before)per month, payable 12 monthsin advance. Options: Back-up signal transmitter Accept ®Decline ❑ Fire Detection: Accept Z Decline ❑ NELSON ALARM, INC. SUBSCRIBER Written By Dan Nelson Date 3/17/15 Printed Approved By Signature Date Date Subscriber acknowledges receiving all three pages of this three page contract at the time of execution INITIALS MONITORING 1. NELSON ALARM, INC. (hereinafter referred to as "NAI" or "Alarm Company") agrees to sell, install and monitor, at Subscriber's premises,and Subscriber agrees to buy,an electronic security and or fire alarm system,consisting of the aforementioned equipment. 2. TERM OF AGREEMENT:RENEWAL: The term of the monitoring part of this agreement shall be for a period of three years and shall automatically renew year to year thereafter under the same terms and conditions,unless either party gives written notice to the other by certified mail, return receipt requested,of their intention not to renew the contract at least 30 days prior to the expiration of any term.After twenty-four months,NAI shall be permitted, at its option and from time to time to increase the monitoring charge by an amount not to exceed five percent per year and Subscriber agrees to pay such increase. " 3.COMMUNICATION SOFTWARE REMAINS PERSONAL PROPERTY OF NAI: NAI shall instruct Subscriber in the proper use of the security system.NAI shall install and program in the premises of the Subscriber the communication software which shall remain the sole personal property of NAI and shall not be considered a fixture or a part of the realty,and Subscriber shall not permit the attachment thereto of any apparatus not furnished by NAI. Communication sofrivare is part of the instrument panel programmed to transmit a signal. Passcode to!CPU software remains property of NAI. Provided Subscriber performs this agreement for the full term thereof,upon termination NAI shall change the master passcode to the CPU software to the manufacturer's default code and provide Subscriber with the default code. 4. CENTRAL OFFICE MONITORING: Upon receipt of a signal from the communication software,NAI or its designee communication center shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department. Subscriber acknowledges that signals which are transmitted over telephone lines,wire,air waves,internet,VOIP, or other modes of communication pass through communication networks wholly beyond the control of NAI and are not maintained by NAI and,therefore,NAI shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center or damages arising therefrom, or for data corruption, theft or viruses to subscriber's computers if connected to the alarm communication equipment. Subscriber agrees to furnish NAI with a written list of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. All changes and revisions shall be supplied to NAI in writing. Subscriber authorizes NAI to access the control panel to input or delete data and programming.If Subscriber requests NAI to remotely activate or deactivate the system,change codes,openings or closings,or re-program system functions,Subscriber may be charged a fee for each such service. NAI may, without prior notice, suspend or terminate its services, in central office's sole discretion, in event of Subscriber's default in performance of this agreement or in event central office facility or communication network is nonoperational or subscriber's alarm system is sending excessive false alarms.Central office is authorized to record and maintain all transmissions,data and communications,and shall be the exclusive owner of such property. 5. LEGAL ACTION: The parties agree that due to the nature of the services to be provided by NAI,the payments to be made by the Subscriber for the term of the monitoring part of this agreement pursuant to paragraph 4 form an integral part of NAI's anticipated profits;that in the event of Subscriber's default it would be difficult if not impossible to fix NAI's actual damages. Therefore, in the event Subscriber defaults in the payment of any charges to be paid to NAI,the balance of all payments for the entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80%thereof as liquidated damages and NAI shall be permitted to terminate all its services under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein. In the event of Subscriber's breach of this agreement,NAI may at its option either remove its software or deem same sold to Subscriber for 80% of the amount specified as the value of the software in addition to the liquidated damages provided for herein. 6. SERVICE: NAI shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 8 a.m.and 5 p.m.Monday through Friday,within reasonable time after receiving notice from subscriber that service is required,exclusive of Saturdays, Sundays and legal holidays.No apparatus or device shall be attached to or connect with the security system as originally installed without NAI's written consent.Subscriber agrees to pay NAI on a per call basis for all repair and service work. LIMITED WARRANTY ON SALE 7.In the event that any part of the security system becomes defective,or in the event that any repairs are required,NAI agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of one year from the date of installation. NAI reserves the option to either replace or repair the alarm equipment,and reserves the right to substitute materials of equal quality at time of replacement,or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries,reprogramming,damage by lightning,electrical surge or wire breaks. Except as set forth in this agreement,NAI makes no express warranties as to any matter whatsoever, including,without limitation, the condition of the equipment,its merchantability,or its fitness for any particular purpose. NAI does not represent nor warrant that the security system may not be compromised or circumvented,or that the system will prevent any loss by burglary,hold-up,fire or otherwise; or that the system will in all cases provide the protection for which it is installed. NAI expressly disclaims any implied warranties,including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident,misuse,attempted or unauthorized repair service, modification,or improper installation by anyone other than NAI. NAI shall not be liable for consequential damages. Subscriber acknowledges that any affirmation of fact or promise made by NAI shall not be deemed to create an express warranty unless included in this contract in writing; that Subscriber is not relying on NAI's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that NAI has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for NAI's breach of this contract or negligence to any degree under this contract is to require NAI to repair or replace,at NAI's option,any equipment which is non-operational. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law,NAI will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work. GENERAL PROVISIONS 8. FIRE ALARMS:Unless the schedule of protection provides for a fire alarm system to code, NAI makes no representation that the fire alarm equipment meets NFPA 72 or local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction[AHJ]of fire alarm systems in Subscriber's premises. If a fire alarm system to code is specified in the schedule of installation then NAI will install fire alarm equipment pursuant plans and specifications of architect or professional engineer engaged by Subscriber,filed and approved by the AHJ over fire alarm systems. Subscriber agrees that any equipment required by the AHJ not specified in the schedule of installation shall be an extra to this contract to be paid for by Subscriber at time said additional equipment is requested. 9.DELAY IN INSTALLATION:NAI shall not be liable for any damage or loss sustained by Subscriber as a result of delay in installation of equipment,equipment failure,or for interruption of service due to electric failure,strikes,walk-outs,war,acts of God,or other causes,including NAI's negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. 10. TESTING AND SERVICE OF COMMUNICATION SOFTWARE:Communication software,once installed,is in the exclusive possession and control of the Subscriber,and it is Subscriber's sole responsibility to test the operation of the communication software and to notify NAI if it is in need of repair. NAI shall not be required to service the communication software unless it has received notice from Subscriber,and upon such notice, NAI shall service the communication software to the best of its ability within 36 hours,exclusive of Saturday,Sunday and legal holidays,during the business hours of Sa.m.and 5 p.m.Any repair or other services provided by NAI to Subscriber's alarm or security equipment shall be at NAI's option on a per call request by Subscriber,and Subscriber shall pay for such labor and material at time such repair or other service is performed.All such repair or other service shall be governed by the terms of this contract. In the event Subscriber complies with the terms of this agreement and NAI fails to repair the communication software,Subscriber agrees to send notice in writing by certified or registered mail,return receipt requested and Subscriber shall not be responsible for payments due while the communication software remains inoperable. In any lawsuit between the parties in which the condition or operation of the communication software is in issue, the Subscriber shall be precluded from raising the issue that the communication software was not operating unless Subscriber can produce a post office certified or registered receipt, signed by NAI, evidencing that service was requested by Subscriber. Only communication software is covered by service. It shall be Subscriber's sole responsibility to maintain the communication hardware and subscriber's alarm equipment and system in working order. 11. ALTERATION OF PREMISES FOR INSTALLATION:NAI is authorized to make preparations such as drilling holes,driving nails,making attachments or doing any other thing necessary in NAI's sole discretion for the installation and service of the security system,and NAI shall not be responsible for any condition created thereby as a result of such installation,service,or removal of the security system,and Subscriber represents that the owner of the premises,if other than Subscriber, authorizes the installation of the security system under the terms of this agreement. 12. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE:Subscriber agrees to furnish,at Subscriber's expense,all 110 Volt AC power and electrical outlets and receptacles,internet connection,high speed broadband cable or DSL and IP Address,telephone hook-ups,RJ31x Block or equivalent,as deemed necessary by NAI. 13. LIEN LAW: NAI or any subcontractor engaged by NAI to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws. 14. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: Subscriber agrees to indemnify and hold harmless NAI,its employees,agents and subcontractors,from and against all claims,lawsuits,including those brought by third-parties or by Subscriber,including reasonable attorneys'fees and losses,asserted against and alleged to be caused by NAI's performance,negligence or failure to perform any obligation under this agreement. Parties agree that there are no third party beneficiaries of this contract. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against NAI or NAI's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of NAI. NAI shall have the right to assign this contract and shall be relieved of any obligations herein upon such assignment. 15. EXCULPATORY CLAUSE:NAI and Subscriber agree that NAI is not an insurer and no insurance coverage is offered herein.The security equipment is designed to reduce certain risks of loss,though NAI does not guarantee that no loss will occur.NAI is not assuming liability,and,therefore shall not be liable to Subscriber for any loss,personal injury,data corruption or inability to retrieve data,or property damage sustained by Subscriber as a result of burglary,theft,hold-up,fire,equipment failure,smoke,or any other cause,whatsoever,regardless of whether or not such loss or damage was caused by or contributed to by NAI's negligent performance,failure to perform any obligation or strict products liability.Subscriber releases NAI from any claims for contribution,indemnity or subrogation. 16.INSURANCE: The Subscriber shall maintain a policy of public liability,property damage,burglary and theft insurance under which the insurer agrees to indemnify and hold NAI harmless from and against all costs,expenses including attorneys'fees and liability arising out of or based upon any and all claims,injuries and damages arising under this agreement,including,but not limited to,those claims,injuries and damages contributed to by NAI's negligent performance to any degree or its failure to perform any obligation. NAI shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. 17. LIMITATION OF LIABILITY: Subscriber agrees that should there arise any liability on the part of NAI as a result of NAI's negligent performance to any degree of failure or perform any of NAI's obligations or equipment failure,or strict products liability,that NAI's liability shall be limited to the sum of$1,250.00 or 5%of the sales price,whichever is greater. If Subscriber wishes to increase NAI's amount of limitation of liability,Subscriber may,as a matter of right,at any time,by entering into a supplemental contract,obtain a higher limit by paying an annual payment consonant with NAI's increased liability. This shall not be construed as insurance coverage. 18. LEGAL ACTION: In the event NAI refers this contract to an attorney,to recover any amounts owed by Subscriber to NAI hereunder,the parties agree that the amount to be recovered,and any judgment to be entered,shall include interest at the rate of 1112%per month from the date payment is due and Subscriber shall pay NAI's legal fees.In any action commenced by NAI against Subscriber,Subscriber shall not be permitted to interpose any counterclaim. This agreement shall be governed by the laws of the State of Indiana. The parties agree that the courts of the State of Indiana shall have exclusive jurisdiction over the parties hereto regarding any.dispute between them and NAI and Subscriber submits to the jurisdiction of the State of Indiana. Subscriber submits to the jurisdiction of Indiana and agrees that any litigation between the parties must be commenced and maintained exclusively in the State of Indiana and in the County where NAI's principal place of business is located.The parties waive trial by jury in any action between them. Any action by Subscriber against NAI must be commenced within one year of the accrual of the cause of action or shall be barred. All actions or proceedings against NAI must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against NAI in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement. 19. NAPS RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that NAI is authorized and permitted to subcontract any services to be provided by NAI to third parties who may be independent of NAI,and that NAI shall not be liable for any loss or damage sustained by Subscriber by reason of fire,theft, burglary or any other cause whatsoever caused by the negligence of third parties,except that NAI shall not obligate Subscriber to make any payments to such third parties. Subscriber appoints NAL to.act as-Subscriber's agent with respect to such third parties.Subscriber acknowledges that this agreement,and particularly those paragraphs relating to NAI's disclaimer of warranties,exemption from liability,even for its negligence,limitation of liability and third party indemnification,inure to the benefit of and are applicable to any assignee,subcontractors and communication centers of NAI. 20.FALSE ALARMS/PERMIT FEES: Subscriber is responsible for all alarm permits and fees,agrees to file for and maintain any permits required by applicable law and indemnify or reimburse NAI for any fines relating to permits or false alarms. NAI shall have no liability for permit fees,false alarms,false alarm fines, police or fire response,any damage to personal or real property or personal injury caused by police or fire department response to alarm,whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department,this contract shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. Should NAI be required by existing or hereinafter altered law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay NAI for such service or material. 21. SECURITY INTEREST/COLLATERAL:To secure Subscriber's obligations under this agreement Subscriber grants NAI a security interest in the security equipment installed by NAI and NAI is authorized to file a financing statement. 22. FULL AGREEMENT/SEVERABILITY/CONFLICTING DOCUMENTS. This agreement constitutes the full understanding of the parties and may not be amended or modified or canceled except in writing signed by both parties,except NAI requirements regarding items of protection provided for in this agreement imposed by Authority Having Jurisdiction. Should there arise any conflict between this agreement and Subscriber's purchase order or other document,this agreement will govern whether such purchase order or document is prior to or subsequent to this agreement. Should any provision of this agreement be deemed void,all other provisions will remain in effect. 23. This agreement shall not become binding until"APPROVED"by an officer of NAI on page 1. VOUCHER NO. WARRANT NO. Nelson Alarm, Inc ALLOWED 20 IN SUM OF$ 2602 E. 55th Street Indianapolis, In 46220 $375.00 ON ACCOUNT OF APPROPRIATION FOR Building Operations Account PO#/Dept. INVOICE NO.=E AMOUNT Board Members 32672 I 15041615 I -509.00 I $375.00 1 hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Monday, June 01, 2015 Director, Adminstration Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit,etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s)or bill(s)) 04/23/15 15041615 Energy Center $375.00 I hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer