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259600 06/14/16 � +.4nab %` .,,:f�; CITY OF CARMEL, INDIANA VENDOR: 370646 e �l ONE CIVIC SQUARE ISLAND OASIS FROZEN COCKTAIL CHECK AMOUNT: $*******400.00* CARMEL, INDIANA 46032 141 NORFOLK STREET CHECK NUMBER: 259600 9M�TON��O:? WALPOLE MA 02081 CHECK DATE: 06/14/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4353099 051816 400.00 OTHER RENTAL & LEASES VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995) ISLAND OASIS FROZEN COCKTAIL ALLOWED 20 ACCOUNTS PAYABLE VOUCHER 141 NORFOLK STREET IN SUM OF$ CITY OF CARMEL m An invoice or bill to be properly itemized must show:kind of service,where performed,dates service WALPOLE, MA 02081 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. $400.00 Payee Purchase Order# ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Course Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 1 yr Lease 43-530.99 $400.00 1 hereby certify that the attached invoice(s),or 5/25/16 1 yr Lease Lease of machine for 1 yr. $400.00 1207 101 1207 101 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 Wednesday, May 25,2016 r �J 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— Cost 20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer ISLAND OASIS FROZEN BEVERAGE CO.,INC. -SHAVER BLENDER RENTAL PROGRAM ANNUAL USE AND SERVICE AGREEMENT THIS USE AND SERVICE AGREEMENT is made as of 5/18/16 by and between ISLAND OASIS FROZEN ;OCKTAIL CO.,INC.,a Massachusetts corporation having its principal place of business at 141 Norfolk Street,Walpole,Massachusetts 12081 ("Island Oasis"),and the undersigned customer("Customer"),with respect to the following equipment(the"Equipment"): ® Annual Rental ❑ Equipment Swap ❑ Change of Ownership Install Date: 5/18/2016 Renewal Date: Equipment Model: S133X Serial Number(s)IN:: A5151X Serial Number(s)OUT: ental Fee Program: Annual ® Amount $400.00 Waived ❑ Requires RGM approval Tax: ITEM# DESCRIPTION QUANTITY accessories Placed 20064 SB3X,Hopper Kit 1 w/Equipment: 'ERM: This Agreement shall be effective from the date set forth below,and shall continue in effect for a term of one(1)year,and will renew automatically finless either party elects to terminate the agreement.Island Oasis may elect to terminate this Agreement,either verbally or in writing,at any time,for any eason,including low volume case usage. Upon such termination,Customer will return all Equipment and Island Oasis will refund to Customer a pro-rata )ortion of any pre-paid Service Fee. ISE OF EQUIPMENT:Island Oasis hereby lends the Equipment to Customer to promote Customer's preparation and sales of Island Oasis frozen drink )roducts Cocktail accounts agree to utilize a minimum of the following four(4)Island Oasis core products at all times:Strawberry,Pina Colada,Ice Cream, ind Margarita/Sour. Smoothie accounts agree to utilize four(4)fruit flavors including Strawberry,plus either Ice Cream or Yogurt. Customer agrees that sland Oasis shall retain ownership of the Equipment at all times and is not to be used by any other party,or for any other purpose.Customer agrees to utilize 0 Products exclusively in the machine. iERVICES:Island Oasis will perform the following services for Customer,installation of Equipment to existing electrical source;train servers in operation, ;leaning and care of the Equipment train servers in proportioning and presentation of frozen drink products.�Custome�will be tesponsible for.thesenrice ost:of leaks,callbrabons and'misuse of the equipment Customer will,purchase,any addltionai'or replacement blendercups iricludi0g_`s_hipping harges Payment of�these parts and.services,are required madvarice�y,ACli or"C"Credif:Card: ate, ,{customer initial) AARKETING REQUIREMENT: Customer agrees to advertise market and promote the sale of Island Oasis products by utilizing sales literature,materials and ether promotional items provided by Island Oasis or approved by Island Oasis. WDITIONAL TERMS:The Terms and Conditions on the reverse side hereof are an important part of this Agreement,and are incorporated herein by reference. ZENTAL TERMS: " (customers itis 1 • New accounts: o Year 1 ■ Rental fee of$400 must be paid at time of installation by credit card,debit/ACH,check or cash plus applicable tax. • Service included for normal wear and tear(see'Normal Maintenance on page 2). • Accounts purchasing less than 50 cases annually will be charged for leaks and calibrations at a flat rate of$125 per call. • Accounts purchasing less than 100 cases annually will be charged for blender cups and blender cup components plus shipping charges. o Year2 ■ Rental Fee will be waived for year 2 if customer purchases 52 or more cases in the first year. If customer purchases less than 52 cases then customer can renew rental program. ACCEPTED AND AGREED The parties hereto have read this Use and Service Agreement,including the Terms and Conditions,and agree to comply with the conditions stated herein. Customer further acknowledges that the Equipment has been installed and is functioning properly. CUSTOMER: Brookshire Golf Club SOLD TO# SHIP TO# ADDRESS: 12120 Brookshire Pkwy CITY Carm STATE: IN ZIP: 46033 BY(print name): rf In Title: SIGNATURE: DATE: ISLAND OASIS REPRESENTATIVE. Brad Smith INVOICE NO.(Office Use Only) Payment Method ❑ ACH(Requires Voided Check) ❑ Credit Card CR Card Type: CR Card# CCV# Note: I Your signature above hereby authorizes.lsland Oasis to charge the rental fee,additional parts and service Cardholder Name(if different than above) Expiration Date: Street Address: I I City: State: Zip: Signature: 'ERMS AND CONDITIONS 'ITLE:The Equipment,at all times,will be and remain the property of Island Oasis.Upon termination of this Agreement,Customer will return all Equipment to Island )asis. tESTRICTIONS ON USE:As the Equipment is specifically and exclusively dsa;nned for use with 10 Products,and to avoid the possibility of damage to the Equipment or onfusion regarding the 10 Products,Customer agrees that it,and its employeas a:.: agents,will make use of the Equipment solely in connection with the mixing and toring of 10 Products,and not for any other purpose.Furthermore,Customer wilt,,,)t, Ind Customer will not permit any other person or entity to:(1)permit any other -erson,firm,corporation or entity to use the Equipment;(ii)transfer or encumber(he—quipment;(iii)assign any rights or obligations under this Agreement without Island )asis'prior written consent;(iv)make any changes or alterations in the Equipment;(v)remove,alter or deface any marks,markings,numbers,labels or inscriptions npressed on or affixed to the Equipment,by or with the approval of Island Jasis;or(vi)attach or affix any mark,marking,number,label or inscription on any Equipment rithout the prior written consent of Island Oasis. BLAND OASIS'DUTIES:Island Oasis agrees that it will make all re:sonable efforts to furnish to Customer,from time to time,such Equipment as Customer shall aquest and as is listed above(if no quantity is indicated,the quantity shall be one(1)or such other number as to which Island Oasis may agree,from time to time). stand Oasis shall not be liable in any respect for failure to ship or for delay in shipment of Equipment where such failure or delay shall have been due wholly or in part to ie elements,acts of God,acts of the Customer,acts of civil or military authorities,fire,floods,epidemics,quarantine restrictions,war riots,strikes,lock outs, iechanical break down,differences with workmen,accidents to machinery,delays in transportation,or delays in delivery by Island Oasis'suppliers. IORMAL MAINTENANCE:"Normal maintenance"is limited to repairing or replacing the Equipment or parts used in the Equipment that malfunctions from normal use. Normal use"means use of the Equipment in the ordinary course of a retail food or beverage service establishment for the preparation of 10 Products,and does not iclude other uses or any neglect,abuse,failure to clean,accident or alteration,damage caused by fire,flood or other catastrophic events,acts of God or nature,or allure to follow normal operating procedures in accordance with instructions provided by Island Oasis.Customers can prevent leaks and service issues by properly naintaining equipment as recommended in the operations manual.For calibration instructions,contact Technical Support at 800-777-4752 extension 5250. VARRANTY: Island Oasis and its licensors agree to repair or replace those Equipment components that become defective within one(1)year from the date of istallation. This warranty covers only defects in material and workmanship under normal use and service. Expressly excluded from this warranty are repairs due to(i) ;ustomer's or its employees'misuse of the Equipment,(ii)use of any product other than 10 Products with or in the Equipment,or(iii)fire or other casualty,normal wear, ,r deterioration. "Misuse"includes the Customer's failure to clean the Equipment daily or handle parts or machinery properly,resulting in breakage of the Equipment,or ;ustomer's use of unauthorized service agencies. CUSTOMER'S SOLE REMEDY WITH RESPECT TO THE EQUIPMENT SHALL BE THE REPAIR OR ZEPLACEMENT OF DEFECTIVE COMPONENTS UNDER THE TERMS OF THIS WARRANTY. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY VITH RESPECT TO THE EQUIPMENT,INCLUDING,BUT NOT LIMITED TO,ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR 'URPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR THE FOREGOING,THE EQUIPMENT IS PROVIDED ON AN"AS IS"BASIS. ALL ZIGHTS TO CONSEQUENTIAL OR INCIDENTAL DAMAGES(INCLUDING CLAIMS FOR LOST SALES,LOST PROFITS,PROPERTY DAMAGES OR SERVICES :XPENSES)ARE EXPRESSLY EXCLUDED. NO DISTRIBUTOR,DEALER OR OTHER PERSON IS AUTHORIZED TO MAKE ANY COMMITMENT OR ASSUME ANY .IABILITY ON BEHALF OF ISLAND OASIS OR ITS LICENSORS BEYOND THIS WARRANTY. 'AXES: Customer will pay any and all taxes and assessments levied on the Equipment while it is in the Customer's possession or control,and Customer will pay all ales,use and other taxes and assessments levied on or payable with respect to any fees or amounts paid under this Agreement. ACCESS: Island Oasis will,at all times,have free access to the Equipment,and to the premises on which it is located,for the purpose of examining the Equipment and he uses to which it is being put,for servicing the Equipment,and if Island Oasis so elects,removing the Equipment and resuming possession thereof. ZISK OF LOSS: All Equipment,until redelivered to Island Oasis,will be held at all times at the sole risk of Customer for injury,loss or destruction. If any Equipment is lamaged or destroyed by fire or otherwise,before such redelivery,Customer will pay to Island Oasis the fair value of such Equipment,less its salvage value if any,after ,uch damage or destruction,and Customer will return the remains of the Equipment so destroyed or damaged. NDEMNITY: Customer agrees to indemnify and hold Island Oasis and its officers,directors,employees and agents harmless from and against any and all claims, lamages,losses,liabilities,costs and expenses(including,without limitation,attomeys'fees and expenses to the maximum extent permitted by law)which any of them may icur or which may be claimed against any of them arising out of,relating to or resulting directly or indirectly from(i)any act,error,misuse,and/or omission of Customer,or its :mployees or agents,causing Island Oasis liability for damage to property or for injury,illness or death of persons or(ii)any breach of this Agreement by Customer or its :mployees or agents.Customer's obligations under this provision shall survive the termination of this Agreement. 'ERMINATION: Island Oasis may terminate this Agreement at any time,for any reason,including low volume case usage. Upon such termination,Customer shall :romptly return the Equipment to Island Oasis in good condition,and Island Oasis will refund to Customer a pro rata portion of any pre-paid service fee hereunder,based in the whole number of months remaining in the then-current term of this Agreement.Customer may also terminate this Agreement at any time by returning all Equipment to Island Oasis in good condition,but Island Oasis will not be obligated to refund any fees paid hereunder.Upon termination of this Agreement,for whatever ;ause,Customer will(i)return all Equipment to Island Oasis,at its principal place of business,in good order and condition,reasonable wear and tear arising from uses rermitted under this Agreement excepted,free of any and all liens,claims,charges and encumbrances,properly crated and freight pre-paid,and(ii)immediately return o Island Oasis all technical and promotional materials supplied by Island Oasis or containing any reference to Island Oasis or its trademark or other marks,regardless of he language of such materials.If Customer fails to return all Equipment and materials in the foregoing manner,Island Oasis may enter upon Customer's premises, vhere any Equipment is located,and remove all Equipment and materials therefrom,without need of recourse to any legal proceedings.Any and all reasonable Expenses(including attorney's fees and expenses)incurred by Island Oasis in enforcing its rights under this Agreement following any breach by Customer,will be paid :y Customer to Island Oasis upon demand. JOTICES: All notices to be given by either party to the other under this Agreement must be in writing,in the English language,shall be deemed effective upon receipt, End shall be delivered by hand or sent U.S.mail,postage prepaid,or by commercially recognized courier service or by facsimile(answer back received)to the address of he other party set forth beneath its signature below,or to such other address as either party shall advise the other to use by notice thereof in the manner provided in this raragraph. AISCELLANEOUS: This Agreement will be binding upon and inure to the benefit of both parties and their respective legal representatives,successors and assigns. Zeferences to"this Agreement"include both(i)the front page identifying the Equipment and the Customer,and(ii)these Terms and Conditions.This Agreement may be :mended or modified only by a writing signed by both parties hereto. No delay or failure by either party to exercise any right under this Agreement,and no partial or ;Ingle exercise of that right,will constitute a waiver of that or any other right.This Agreement will be construed in accordance with and governed by the laws of the ;ommonwealth of Massachusetts,without giving effect to its conflicts of law principles. This Agreement constitutes the entire agreement between the parties hereto, vith respect to the subject matter hereof,and supersedes any prior oral or written understanding between the parties.If any provision of this Agreement,or the rpplication of such provision to any person or circumstance,shall be held invalid,the remainder of this Agreement,or the application of each provision to persons or :ircumstances other than those to which it is held invalid,shall not be affected thereby. All headings of this Agreement are for convenience only,and will not be used to nterpret or construe its provisions. TRADEMARKS: So long as Customer possesses the Equipment,Customer will utilize either an Island Oasis approved custom drink menu,or will list 10 Products and Bland Oasis'name on Customer's menu.Island Oasis grants to Customer a limited,non-exclusive,non-transferable license to use and display Island Oasis'trademarks, ;ervice marks,and logos,in a manner consistent with Island Oasis'guidelines for trademark usage generally,solely for the purpose of promoting sales of 10 Products rnd listing 10 Products and Island Oasis'name on Customer's menu. "OR ALL NON-ISLAND OASIS MANUFACTURED EQUIPMENT:Customer shall be responsible for the maintenance of the Equipment furnished to the Customer iereunder. Upon receipt by Island Oasis of the service fee, Island Oasis shall be deemed to have assigned to Customer,to the extent lawfully assignable,all of its rights coder any warranty provided by the Equipment's manufacturer with respect to such piece of Equipment. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE NARRANTY FROM THE MANUFACTURER OF THE EQUIPMENT IS THE SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO THE EQUIPMENT,AND THAT - SLAND OASIS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE EQUIPMENT,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY, )R WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE MANUFACTURER'S SEPARATE WARRANTY OF THE QUIPMENT,WHICH IS MADE WITHOUT RECOURSE TO ISLAND OASIS,ALL EQUIPMENT IS PROVIDED ON AN"AS IS"BASIS. ALL RIGHTS TO %ONSEQUENTIAL OR INCIDENTAL DAMAGES(INCLUDING CLAIMS FOR LOST SALES,LOST PROFITS,PROPERTY DAMAGES OR SERVICES EXPENSES)ARE XPRESSLY EXCLUDED. NO DISTRIBUTOR,DEALER OR OTHER PERSON IS AUTHORIZED TO MAKE ANY COMMITMENT OR ASSUME ANY LIABILITY ON 3EHALF OF ISLAND OASIS OR THE MANUFACTURER BEYOND THIS WARRANTY. 2EV5.1-1-14Customer Initial: Date: Send to: minventory@islandoasis.com