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Home My WebLink AboutPaperless Packet for BPW 02.17.21Board of Public Works and Safety Meeting Agenda Wednesday, February 17, 2021 – 10:00 a.m. Via Videoconference MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the February 3, 2021, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Quote Opening for 2021 Mulching; Terry Killen, Street Commissioner b. Bid Opening for 16-SW-85, Bridge Replacement, Westfield Boulevard over Carmel Creek; Jeremy Kashman, City Engineer 3. PERFORMANCE RELEASE APPROVAL REQUESTS a. Resolution BPW 02-17-21-02; Lakeside Retail; Erosion Control; ATAPCO Carmel b. Resolution BPW 02-17-21-03; Link Office Suites; Right of Way; DB Klain Construction c. Resolution BPW 02-17-21-04; Shadow Wood; Right of Way; Pulte Homes d. Resolution BPW 02-17-21-05; Bear Creek South, Sec. 1; Right of Way / Signs; Pulte Homes e. Resolution BPW 02-17-21-06; Bear Creek; Erosion Control; Pulte Homes f. Resolution BPW 02-17-21-07; Copper Run; Builder Walk; Pulte Homes 4. CONTRACTS a. Resolution BPW 02-17-21-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between Owner and Contractor; Twenty Twenty, Inc.; ($4,050.00); Photography Services; Nancy Heck, Director of the Department of Community Relations b. Request for Purchase of Goods and Services; Midwest Landscape Industries, Inc.; ($162,000.00); Flowers; Terry Killen, Street Commissioner c. Request for Purchase of Goods and Services; Kelley Automotive Group LLC; ($584,504.32); Various Police Vehicles; Chief James Barlow, Carmel Police Department d. Request for Purchase of Goods and Services; RAM Construction Services of Michigan, Inc.; ($158,598.75); 106th/126th Over Keystone Bridge Rehabilitation; Terry Killen, Street Commissioner e. Request for Purchase of Goods and Services; Swagit Productions, LLC; ($43,140.00); Managed Service for Video Streaming, Closed Captioning and Timestamping; Nancy Heck, Director of the Department of Community Relations f. Request for Purchase of Goods and Services; Jeff Petercsak; ($1,200.00); Performance Agreement for the Festival of Ice; Nancy Heck, Director of the Department of Community Relations g. Request for Purchase of Goods and Services; Titus Arensberg; ($1,200.00); Performance Agreement for the Festival of Ice; Nancy Heck, Director of the Department of Community Relations h. Request for Purchase of Goods and Services; Kyle Price; ($400.00); Performance Agreement for the Festival of Ice; Nancy Heck, Director of the Department of Community Relations i. Request for Purchase of Goods and Services; S.C. Case Excavating LLC; ($15,985.98); North College Ave Water Main; CO #1; John Duffy, Director of the Department of Utilities j. Request for Purchase of Goods and Services; Midwest Paving; ($31,352.06); US 31 Crossing Water Transmission Main – Phase II Pennsylvania Water Main; CO #1; John Duffy, Director of the Department of Utilities k. Request for Purchase of Goods and Services; Inglenook Partners, LLC; ($30,000.00); Professional Services; Chief James Barlow, Carmel Police Department l. Request for Amendment to Agreement Between City of Carmel and Fraternal Order of Police Lodge #185; Blake Lytle, President, Fraternal Order of Police Lodge #185 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Acknowledge Mayor’s Approval for Use of Carter Green / Steps of Palladium; Carmel Show Choir / Variety Show; April 25th, 2021; 12:00 PM - 5:00 PM; Katherine Kouns, Carmel High School Choir b. Request to Acknowledge Mayor’s Approval for Use of Carter Green; Wedding Reception; July 15th, 2021; 2:00 PM – 9:00 PM; Christine Miller c. Request to Acknowledge Mayor’s Approval for Use of Monon Square Parking Lot; Actors Theatre of Indiana Drive in Theatre; May 14th, 2021, June 18th, 2021, July 16th, 2021; 7:00 AM – 10:00 PM; Meg Gates Osborne, City of Carmel d. Request to Acknowledge Mayor’s Approval for Use of Midtown Plaza; Carmel Elementary 5th Grade Year End Celebration; May 25th, 2021; 3:00 PM – 9:00 PM; Jenna Hruban e. Request to Acknowledge Mayor’s Approval for Use of Carter Green / Civic Square Gazebo; Spring Woodwind Studio Recital; May 16th, 2021; 12:00 PM – 5:00 PM; Katherine Peters f. Request to Acknowledge Mayor’s Approval for Use of Carter Green / Civic Square Fountain Area / Civic Square Gazebo; Graduation Celebration; May 2nd, 2021; 12:00 PM – 7:00 PM; Hilma Green-Riley, Jack and Jill of America, Inc. g. Request to Acknowledge Mayor’s Approval for Use of East Garden at South Entrance of the Palladium; Wedding; September 4th, 2021; 4:00 PM – 5:00 PM; Jamie Fagin h. Request to Use Council Chambers; National Day of Prayer; May 6th, 2021; 11:00 AM – 2:00 PM; David Forbes 6. OTHER a. Request for Water Main Easement Agreement; Falcon Nest II, LLC; John Duffy, Director of the Department of Utilities b. Request for Sanitary Sewer and Drainage Easement Agreement; Fields Market Garden, LLC; John Duffy, Director of the Department of Utilities c. Request for Clinical Affiliation Agreement; School of EMS; Jon Alverson, EMS Chief d. Request for Interlocal Agreement Between the Hamilton County Solid Waste Board and the City of Carmel; John Duffy, Director of the Department of Utilities e. Uniform Conflict of Interest Disclosure Statement; Nancy Heck f. Request for Curb Cut; 510 2nd Ave NE; Mindi Oliver, Old Town Design g. Request for Street Closure; Kinzer Ave; Gramercy Section II; Brian Roberts, Buckingham h. Request for Curb Cut / Curb Cut Vacation; 631 1st Ave NE; Mindi Oliver, Old Town Design i. Request for Street Closure / Open Pavement Cut / Sidewalk Closure; 621 1st Ave NE; Vectren j. Request to Encroach; 2995 E. 106th Street; Sign Installation; Clay Civil Township, Property Owners k. Request for Variance from Code 6-227 (a)(4); 2995 E. 106th Street; Sign Installation: Clay Civil Township, Property Owners l. Request for Secondary Plat; Grove at Legacy Sections 4A & 4B; Ed Fleming, Platinum Properties 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, February 3, 2021 – 10:00 a.m. 3 Via Videoconference 4 5 MEETING CALLED TO ORDER6 7 Mayor Brainard called the meeting to order at 10:02 AM 8 9 The meeting was held via videoconference. 10 11 MEMBERS PRESENT12 13 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerk Jennifer Stites 14 were present. 15 16 MINUTES17 18 Minutes from the January 20, 2021, Regular Meeting were approved 3-0; 19 20 BID/QUOTE OPENINGS AND AWARDS 21 22 Quote Opening for 2021 Mulching; Deputy Stites opened the quote and read it aloud: 23 24 Contractor Quote 25 Hittle Landscaping $45,764.34 26 27 PERFORMANCE RELEASE APPROVAL REQUESTS 28 29 Resolution BPW 02-03-21-01; 1201 W. 116th Street; Erosion Control; Hoss Building; Board Member Burke 30 moved to approve. Board Member Watson seconded. Request approved 3-0. 31 32 CONTRACTS33 34 Resolution BPW 02-03-21-27; A Resolution of the City of Carmel Board of Public Works and Safety Regarding 35 the Selection of a Qualified Provider for Implementation of a Guaranteed Energy Savings Project; Johnson 36 Controls; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.37 38 Resolution BPW 02-03-21-28; A Resolution of the City of Carmel Board of Public Works and Safety 39 Acknowledging Agreement Between Owner and Contractor; Paul G. Reis, Esq.; ($3,500.00/Month - 40 $210.00/Hour); Planning and Zoning Retainer; Board Member Burke moved to approve. Board Member 41 Watson seconded. Request approved 3-0.42 43 Request for Purchase of Goods and Services; Talent Fusion, LLC; ($5,760.00); Still Images for Photo Library; 44 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.45 46 Request for Purchase of Goods and Services; Engledow, Inc; ($43,647.00); Sophia Square Topiaries Board 47 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.48 49 Request for Purchase of Goods and Services; Mainscape, Inc.; ($1,391,295.82); Mowing/Landscaping; Board 50 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.51 52 Request for Purchase of Goods and Services; Humane Society for Hamilton County; ($83,065.00); Animal 53 Shelter Services; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 54 3-0.55 56 Request for Purchase of Goods and Services; Shannon Gerasimchik; ($1,200.00); Performance Agreement for 57 the Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. Request 58 approved 3-0.59 60 Request for Purchase of Goods and Services; Stephan Koch; ($1,200.00); Performance Agreement for the 61 Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 62 3-0.63 64 Request for Purchase of Goods and Services; Greg Butanski – Rock on Ice; ($1,200.00); Performance 65 Agreement for the Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. 66 Request approved 3-0.67 68 Request for Purchase of Goods and Services; Matthew Stoddart; ($1,200.00); Performance Agreement for the 69 Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 70 3-0.71 72 Request for Purchase of Goods and Services; Michael Stoddart; ($1,200.00); Performance Agreement for the 73 Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 74 3-0.75 76 Request for Purchase of Goods and Services; Jacob Morgan; ($400.00); Performance Agreement for the 77 Festival of Ice; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 78 3-0.79 80 Request for Purchase of Goods and Services; Angel Oak Tree Care.; ($150,000.00); Additional Services 81 Agreement; Tree Removal and Other Landscape Services; Board Member Burke moved to approve. Board 82 Member Watson seconded. Request approved 3-0.83 84 Request for Tandem Mobility Master Services Agreement; Bike Share Services; Board Member Burke moved to 85 approve. Board Member Watson seconded. Request approved 3-0.86 87 Request for Agreement between City of Carmel and Carmel Professional Fire Fighters International 88 Association of Fire Fighters Local 4444; Board Member Burke moved to approve. Board Member Watson 89 seconded. Request approved 3-0.90 91 Request for Agreement between City of Carmel and Fraternal Order of Police Lodge #18; Board Member 92 Burke moved to approve. Board Member Watson seconded. Request approved 3-0.93 94 REQUEST TO USE CITY STREETS/PROPERTY 95 96 Request to Use Monon Trail/Rolling Street Closure, Various Locations; Carmelfest Freedom Run; July 3rd, 2021 - 97 7:00 AM - 11:00 AM; Board Member Burke moved to approve. Board Member Watson seconded. Request 98 approved 3-0.99 100 Request to Use Palladium/Tarkington; City of Carmel Holocaust Remembrance Ceremony; April 16th, 2021 - 9:00 101 AM - 3:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-102 0.103 104 Request to Use Veteran’s Plaza and Reflecting Pool; City of Carmel Memorial Day Ceremony; May 28th, 2021 - 105 7:00 AM - 12:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 106 approved 3-0.107 108 Request to Use Midtown Plaza/Sophia Square/2nd Avenue NW Street Closure; Carmel on Canvas Plein Air 109 Competition; September 17th, 2021 – September 19th, 2021 7:00 AM - 5:00 PM; Board Member Burke moved to 110 approve. Board Member Watson seconded. Request approved 3-0.111 112 Request to Use East Patio of Palladium; Cabanban Wedding; May 15th, 2021 - 3:00 PM - 5:00 PM; Board 113 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.114 115 OTHER116 117 Resolution BPW 02-03-21-02; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 118 Grant; ($240,000.00); Actors Theatre of Indiana; Member Burke moved to approve. Board Member Watson 119 seconded. Request approved 3-0.120 121 Resolution BPW 02-03-21-03; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 122 Grant; ($5,000.00); The Bigger Picture Film Group; Member Burke moved to approve. Board Member Watson 123 seconded. Request approved 3-0.124 125 Resolution BPW 02-03-21-04; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 126 Grant; ($210,000.00); Booth Tarkington Civic Theatre; Member Burke moved to approve. Board Member Watson 127 seconded. Request approved 3-0.128 129 Resolution BPW 02-03-21-05; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 130 Grant; ($84,000.00); The Cat, Ltd; Member Burke moved to approve. Board Member Watson seconded. Request 131 approved 3-0.132 133 Resolution BPW 02-03-21-06; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 134 Grant; ($3,000.00); Carmel Arts Council; Member Burke moved to approve. Board Member Watson seconded. 135 Request approved 3-0.136 137 Resolution BPW 02-03-21-07; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 138 Grant; ($3,000.00); Carmel–Clay Historical Society; Member Burke moved to approve. Board Member Watson 139 seconded. Request approved 3-0.140 141 Resolution BPW 02-03-21-08; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 142 Grant; ($6,000.00); Carmel Community Players, Inc; Member Burke moved to approve. Board Member Watson 143 seconded. Request approved 3-0.144 145 Resolution BPW 02-03-21-09; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 146 Grant; ($4,916.00); Carmel Education Foundation; Member Burke moved to approve. Board Member Watson 147 seconded. Request approved 3-0.148 149 Resolution BPW 02-03-21-10; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 150 Grant; ($8,500.00); Carmel Klavier, Inc; Member Burke moved to approve. Board Member Watson seconded. 151 Request approved 3-0. 152 153 Resolution BPW 02-03-21-11; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 154 Grant; ($5,000.00); Carmel Repertory Theatre Inc.; Member Burke moved to approve. Board Member Watson 155 seconded. Request approved 3-0.156 157 Resolution BPW 02-03-21-12; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 158 Grant; ($275,000.00); Carmel Symphony Orchestra; Member Burke moved to approve. Board Member Watson 159 seconded. Request approved 3-0.160 161 Resolution BPW 02-03-21-13; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 162 Grant; ($2,500.00); Christian Youth Theater of Indianapolis (CYT); Member Burke moved to approve. Board 163 Member Watson seconded. Request approved 3-0.164 165 Resolution BPW 02-03-21-14; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 166 Grant; ($160,000.00); The Great American Songbook Foundation; Member Burke moved to approve. Board 167 Member Watson seconded. Request approved 3-0.168 169 Resolution BPW 02-03-21-15; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 170 Grant; ($80,000.00); Gregory Hancock Dance Theatre; Member Burke moved to approve. Board Member Watson 171 seconded. Request approved 3-0.172 173 Resolution BPW 02-03-21-16; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 174 Grant; ($40,000.00); Indiana Artisan, Inc.; Member Burke moved to approve. Board Member Watson seconded. 175 Request approved 3-0.176 177 Resolution BPW 02-03-21-17; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 178 Grant; ($3,500.00); Indiana Association of Chinese-Americans; Member Burke moved to approve. Board Member 179 Watson seconded. Request approved 3-0.180 181 Resolution BPW 02-03-21-18; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 182 Grant; ($25,000.00); Indiana Ballet Conservatory; Member Burke moved to approve. Board Member Watson 183 seconded. Request approved 3-0.184 185 Resolution BPW 02-03-21-19; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 186 Grant; ($7,000.00); Indiana Music Education Association Foundation; Member Burke moved to approve. Board 187 Member Watson seconded. Request approved 3-0.188 189 Resolution BPW 02-03-21-20; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 190 Grant; ($40,000.00); The Indiana Wind Symphony; Member Burke moved to approve. Board Member Watson 191 seconded. Request approved 3-0.192 193 Resolution BPW 02-03-21-21; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 194 Grant; ($6,500.00); Indianapolis Children’s Choir; Member Burke moved to approve. Board Member Watson 195 seconded. Request approved 3-0.196 197 Resolution BPW 02-03-21-22; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 198 Grant; ($17,000.00); Indianapolis Symphonic Choir; Member Burke moved to approve. Board Member Watson 199 seconded. Request approved 3-0.200 201 Resolution BPW 02-03-21-23; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 202 Grant; ($10,000.00); International Talent Academy; Member Burke moved to approve. Board Member Watson 203 seconded. Request approved 3-0.204 205 Resolution BPW 02-03-21-24; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 206 Grant; ($10,000.00); Janus Development Services; Member Burke moved to approve. Board Member Watson 207 seconded. Request approved 3-0.208 209 Resolution BPW 02-03-21-25; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 210 Grant; ($2,000.00); M3 Theatre Camp; Member Burke moved to approve. Board Member Watson seconded. 211 Request approved 3-0.212 213 Resolution BPW 02-03-21-26; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 214 Grant; ($5,000.00); Museum of Miniature Houses; Member Burke moved to approve. Board Member Watson 215 seconded. Request approved 3-0.216 217 Resolution BPW 02-03-21-29; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 218 Grant; ($8,100.00); Youth Inspirations Theatre; Member Burke moved to approve. Board Member Watson 219 seconded. Request approved 3-0.220 221 Resolution BPW 02-03-21-30; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 222 Grant; ($5,000.00); Queen Spirit, Inc; Mayor Brainard moved to remove this item from the agenda. Member Burke 223 moved to approve. Board Member Watson seconded. Request approved 3-0. Item removed from agenda.224 225 Request for CDBG Agreement between Hamilton County, Indiana and the City of Carmel for Auman Neighborhood 226 Drainage Improvements Project – HCCDBG-20-8 Program Year 2020; Member Burke moved to approve. Board 227 Member Watson seconded. Request approved 3-0.228 229 Request for Indemnification Agreement; Paul Reis, Kreig DeVault LLP; Member Burke moved to approve. Board 230 Member Watson seconded. Request approved 3-0.231 232 Uniform Conflict of Interest Disclosure Statement; Kurt Weddington; Member Burke moved to approve. Board 233 Member Watson seconded. Request approved 3-0.234 235 Request for Dedication and Deed of Public Right of Way; 6th & Rangeline RAB; Member Burke moved to approve. 236 Board Member Watson seconded. Request approved 3-0. 237 238 Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restriction; Perform Maintenance on Existing 239 Aerials; 122nd St; Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0.240 241 Request for Grant of Perpetual Storm Water Quality Maintenance; 4317 E. 146th St – New Maintenance Facility; 242 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 243 244 Request for Secondary Plat; Bellevue; Member Burke moved to approve. Board Member Watson seconded. 245 Request approved 3-0. 246 247 ADD-ONS248 249 Request for Purchase of Goods and Services; Benjamin Goebel; ($1,200.00); Performance Agreement for the 250 Festival of Ice; Board Member Burke moved to add the item on. Board Member Watson seconded. Add-on approved 251 3-0; Board Member Burke moved to approve request. Board Member Watson seconded. Request approved 3-0. 252 253 Request for Purchase of Goods and Services; Wilkinson Brothers, Inc.; ($4,700.00); Brookshire Golf Course 254 Logo and Identity; Board Member Burke moved to add the item on. Board Member Watson seconded. Add-on 255 approved 3-0; Board Member Burke moved to approve request. Board Member Watson seconded. Request approved 256 3-0. 257 ADJOURNMENT258 259 Mayor Brainard adjourned the meeting at 10:12 a.m. 260 261 262 _____________________________________ 263 Sue Wolfgang – City Clerk 264 265 Approved 266 267 _____________________________________ 268 Mayor James Brainard 269 270 ATTEST: 271 272 __________________________________ 273 Sue Wolfgang – City Clerk 274 RESOLUTION NO. BPW 02-17-21-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2021. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2021\\Acknowledge Agreement Twenty Twenty, Inc..docx2/4/202110:16AM CzKpoPcfsmboefsbu23;24qn-Gfc15-3132 CzKpoPcfsmboefsbu7;5:qn-Gfc14-3132 Midwest Landscape Industries, Inc. Street Department - 2021 Appropriation # 2201 2201 43-504.00; P.O. #104870 Contract Not To Exceed $162,000.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Midwest Landscape Industries, Inc. Goods and Services.doc:1/11/2021 11:15 AM\] 2 Midwest Landscape Industries, Inc. Street Department - 2021 Appropriation # 2201 2201 43-504.00; P.O. #104870 Contract Not To Exceed $162,000.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Midwest Landscape Industries, Inc. Goods and Services.doc:1/11/2021 11:15 AM\] 3 Midwest Landscape Industries, Inc. Street Department - 2021 Appropriation # 2201 2201 43-504.00; P.O. #104870 Contract Not To Exceed $162,000.00 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Department of Law st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Midwest Landscape Industries, Inc. 2828 N Catherwood Avenue Indianapolis, Indiana 46219 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Midwest Landscape Industries, Inc. Goods and Services.doc:1/11/2021 11:15 AM\] 4 Midwest Landscape Industries, Inc. Street Department - 2021 Appropriation # 2201 2201 43-504.00; P.O. #104870 Contract Not To Exceed $162,000.00 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Midwest Landscape Industries, Inc. Goods and Services.doc:1/11/2021 11:15 AM\] 5 FYIJCJU B)2pg25* FYIJCJU B)3pg25* FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B FYIJCJU B EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 104870 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/6/2021372342 MIDWEST LANDSCAPE INDUSTRIES, INC Street Department VENDORSHIP2828NCATHERWOODAVE 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46219 - Terry Killen(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 52955 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-504.00 1EachFlowers$162,000.00$162,000.00 Sub Total 162,000.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 162,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Terry KillenJames Crider TITLE CommissionerDirector ofAdministration CONTROL NO. 104870 CONTROLLER Kelley Automotive Group, LLC Police Department - 2021 Appropriation # 44-650-01 Capital Lease Fund; P.O. #104908 CzKpoPcfsmboefsbu:;49bn-Gfc1:-3132 Contract Not To Exceed $584,504.32 AGREEMENT FORPURCHASE OFGOODS ANDSERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Kelley Automotive Group, LLC an entity duly authorized to do business in the State of Indiana (“Vendor”). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement and agrees that its execution of same constitutes its acceptance of all of the Agreement’s terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget appropriation number 44-650.01 Capital Lease Fund funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Five Hundred Eighty Four Thousand Five Hundred Four Dollars and Thirty Two Cents ($584,504.32) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. S:\\joberlander\\Contracts\\Kelley Automotive Group LLC Goods and Services CPD Vehicles 2021.doc:2/8/2021 12:15 PM\] 1 Kelley Automotive Group, LLC Police Department - 2021 Appropriation # 44-650-01 Capital Lease Fund; P.O. #104908 Contract Not To Exceed $584,504.32 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is apart of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\joberlander\\Contracts\\Kelley Automotive Group LLC Goods and Services CPD Vehicles 2021.doc:2/8/2021 12:15 PM\] 2 Kelley Automotive Group, LLC Police Department - 2021 Appropriation # 44-650-01 Capital Lease Fund; P.O. #104908 Contract Not To Exceed $584,504.32 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, itshall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\joberlander\\Contracts\\Kelley Automotive Group LLC Goods and Services CPD Vehicles 2021.doc:2/8/2021 12:15 PM\] 3 Kelley Automotive Group, LLC Police Department - 2021 Appropriation # 44-650-01 Capital Lease Fund; P.O. #104908 Contract Not To Exceed $584,504.32 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Police Department Department of Law 3 Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Kelley Automotive Group, LLC th1341S13Street Decatur, IN 46733 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective ifgiven orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\joberlander\\Contracts\\Kelley Automotive Group LLC Goods and Services CPD Vehicles 2021.doc:2/8/2021 12:15 PM\] 4 Kelley Automotive Group, LLC Police Department - 2021 Appropriation # 44-650-01 Capital Lease Fund; P.O. #104908 Contract Not To Exceed $584,504.32 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’sauthorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2The Vendor certifies that ithas verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. S:\\joberlander\\Contracts\\Kelley Automotive Group LLC Goods and Services CPD Vehicles 2021.doc:2/8/2021 12:15 PM\] 5 FYIJCJU B)2pg8* FYIJCJU B)3pg8* FYIJCJU B)4pg8* FYIJCJU B)5pg8* FYIJCJU B)6pg8* FYIJCJU B)7pg8* EXHIBIT B Invoice Date: Name ofCompany: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Statutory Limits Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 104908 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/14/2021375410 KELLEY AUTOMOTIVE GROUP LLC Police Department VENDORSHIP1341S13THSTREET 3Civic Square TO Carmel, IN 46032- DECATUR, IN 46733 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 53133 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 11100Capital Lease Fund Account: 44-650.01 2EachAdmin Explorer$36,436.28$72,872.56 1EachAdmin Traverse$27,550.00$27,550.00 1EachCID Durango$27,300.00$27,300.00 1EachCID Truck$30,657.00$30,657.00 Each1CSO Ford Explorer$36,046.28$36,046.28 Each1General Fund budgeted amount($215,000.00)($215,000.00) Each1K9 Explorer$36,554.28$36,554.28 Each1Quartermaster Truck$27,830.00$27,830.00 Each7Road Ford Explorer$36,046.28$252,323.96 Each1SGT Ford Explorer$36,046.28$36,046.28 4EachSRO Ford Explorer$36,046.28$144,185.12 3EachTraffic Ford Explorer$36,046.28$108,138.84 Sub Total 584,504.32 Send Invoice To: Police Department 3 Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 584,504.32PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. JimBarlow FYIJCJUTITLEChief CONTROL NO. 104908 CONTROLLER B)8pg8* CzKpoPcfsmboefsbu23;34qn-Gfc15-3132 Ram Construction Services of Michigan, Inc. Street Department - 2021 Appropriation #2201 43-502.00; P.O. #104892 Contract Not To Exceed $158,598.75 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Ram Construction Services of MIchigan, Inc. Goods and Services.doc:1/13/2021 7:05 AM\] 2 Ram Construction Services of Michigan, Inc. Street Department - 2021 Appropriation #2201 43-502.00; P.O. #104892 Contract Not To Exceed $158,598.75 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Ram Construction Services of MIchigan, Inc. Goods and Services.doc:1/13/2021 7:05 AM\] 3 Ram Construction Services of Michigan, Inc. Street Department - 2021 Appropriation #2201 43-502.00; P.O. #104892 Contract Not To Exceed $158,598.75 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Street Department Department of Law st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Ram Construction Services of Michigan, Inc. 13800 Eckles Road Livonia, Michigan 48150 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Ram Construction Services of MIchigan, Inc. Goods and Services.doc:1/13/2021 7:05 AM\] 4 Ram Construction Services of Michigan, Inc. Street Department - 2021 Appropriation #2201 43-502.00; P.O. #104892 Contract Not To Exceed $158,598.75 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2021 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. S:\\Contracts\\Prof.Svcs & Goods Svcs\\Street\\2021\\Ram Construction Services of MIchigan, Inc. Goods and Services.doc:1/13/2021 7:05 AM\] 5 FYIJCJU B)2pg9* 3-:23/11 FYIJCJU B)3pg9* FYIJCJU B)4pg9* FYIJCJU B)5pg9* FYIJCJU B)6pg9* FYIJCJU B)7pg9* FYIJCJU B)8pg9* FYIJCJU B)9pg9* EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. 1/11/2021 RAM CONSTRUCTION SERVICES LIVONIA, MI 48150 - 104892 13800 ECKLES ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 375400 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Terry Killen 53088 2201Department:2201Fund:Motor Vehicle Highway FND 43-502.00Account: 106th/126th Over Keystone BridgeRehabilitation1 $158,598.75 $158,598.75Each 158,598.75SubTotal 158,598.75 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 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. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 104892 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Terry Killen James Crider 317) 733-2001 Commissioner Director of Administration CzKpoPcfsmboefsbu2;15qn-Kbo38-3132 CzKpoPcfsmboefsbu2;16qn-Kbo38-3132 Ujuvt!Bsfotcfsh 5457 2038032 Festival of Ice at Carter Green Exhibit A What: The Festival of Ice at Carter Green - Ice Carving Exhibition Where: The Ice at Carter Green, 10 Carter Green, Carmel, IN 46032 When: Saturday, February 20, 2021 (4-7 p.m.) and Sunday, February 21, 2021 (11 a.m.-3 p.m.) THE FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING Saturday, February 20 – Festival of Ice ice block creation at Carter Green – “CARMEL” Stephan will build in studio and deliver – he will invoice City of Carmel separately. Pedestal Color Gels 1 – 20 amp independent circuit for power Saturday, February 20 – Carmel Arts & Design District Ice Displays on Main Street 4-7 p.m. 1 - 10 x 10 tent Tents will be used for social distancing 1 - 20 amp independent circuit for power 3 blocks of ice provided on pedestal by The Ice Studio Stanchions set up to provide social distancing Color gels Bucket of water – City provides Bucket of Salt – City provides Carvers will clear their own debris Sunday, February 21 – Ice at Carter Green Ice Displays 11 a.m. -3 p.m. 1 - 10 x 10 tent with 2 side panels. Tents will be used for social distancing 1 - 6ft table for tools 1 - 20 amp independent circuit for power 4 blocks of ice on pedestal provided by The Ice Studio Color gels Bucket of water – City provides Bucket of salt – City provides Stanchions set up to provide social distancing An area will be set up for ice debris and cleared as needed by ice assistants FYIJCJU B)2pg3* EVENT DESCRIPTIONS Saturday, February 20 – Freestyle Carving Demonstration in the Arts & Design District, (Main Street) 4-6 p.m. – event until 7 p.m. Stations will be available for Ice Carver Performer to set up tools beginning at 2 p.m. Performer may begin to work on their ice as early as 2:30 p.m. but must begin no later than 4 p.m. Sculptures must be complete by 6 p.m. Ice Carver Performers stay for community questions until 7 p.m. Performer MUST let Meg Osborne know in advance if she/he wants to be placed in proximity to another carver. Last minute changes cannot be accommodated. Sunday, February 21 – Freestyle Carving Demonstration at Carter Green 11 a.m. – 3 p.m. – event until 4 p.m.) Four blocks of ice will be provided on a pedestal with gel color Stations will be available for Ice Carver to set up tools beginning Sunday morning Ice Carver Performer must begin work no later than 11 a.m. Sculptures must be complete by 3 p.m. Ice Carver Assistants on site entire event with instructions from Ice Carver Performers Winners will be determined by audience ballots open until 4:00 p.m. Award checks will be mailed to winners 56 Blocks of Ice will be delivered ACCOMMODATIONS AND PAYMENT Hotel accommodations for Ice Carver Performer will be provided at Hotel Carmichael North for the night of Saturday, February 20. Ice Carver Assistants will each room with Ice Carver Performer along with one voucher for the hotel’s restaurant, Vivante French Eatery. Performer will be allotted one guest room. Additional restaurant vouchers may be purchased by Performer upon check-in. Ice Carver Performer will receive a check in the amount of $1,200.00 on Sunday, February 20 at the completion of the exhibition. Ice Carver Assistants will receive a check in the amount of $400.00 after city paperwork is completed & submitted A dinner will be provided for Ice Carver Performers and Ice Carver Assistants after Saturday'sice display exhibition at 8 p.m. A breakfast voucher of $25.00 will be provided on Sunday at the Hotel Carmichael/Vivante French Eatery for each Ice Carver Performer and each Ice Carver Assistant FYIJCJU B)3pg3* Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 104937 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT1/27/2021375467 TITUS ARENSBERG COMMUNITY RELATIONS VENDORSHIP205HOOVERST 1CIVIC SQ TO Carmel, IN 46032- NEWARK, OH 43055 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 53490 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1ICECARVING SERVICES FOR FESTIVAL OF ICE EVENT$1,200.00$1,200.00 Sub Total 1,200.00 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 1,200.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy Heck TITLEDirector CONTROL NO. 104937 CONTROLLER CzKpoPcfsmboefsbu22;66qn-Gfc15-3132 Festival of Ice at Carter Green Exhibit A What: The Festival of Ice at Carter Green - Ice Carving Exhibition Where: The Ice at Carter Green, 10 Carter Green, Carmel, IN 46032 When: Saturday, February 20, 2021 (4-7 p.m.) and Sunday, February 21, 2021 (11 a.m.-3 p.m.) THE FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING Saturday, February 20 – Festival of Ice ice block creation at Carter Green – “CARMEL” Stephan will build in studio and deliver – he will invoice City of Carmel separately. Pedestal Color Gels 1 – 20 amp independent circuit for power Saturday, February 20 – Carmel Arts & Design District Ice Displays on Main Street 4-7 p.m. 1 - 10 x 10 tent Tents will be used for social distancing 1 - 20 amp independent circuit for power 3 blocks of ice provided on pedestal by The Ice Studio Stanchions set up to provide social distancing Color gels Bucket of water – City provides Bucket of Salt – City provides Carvers will clear their own debris Sunday, February 21 – Ice at Carter Green Ice Displays 11 a.m. -3 p.m. 1 - 10 x 10 tent with 2 side panels. Tents will be used for social distancing 1 - 6ft table for tools 1 - 20 amp independent circuit for power 4 blocks of ice on pedestal provided by The Ice Studio Color gels Bucket of water – City provides Bucket of salt – City provides Stanchions set up to provide social distancing An area will be set up for ice debris and cleared as needed by ice assistants FYIJCJU B)2pg3* EVENT DESCRIPTIONS Saturday, February 20 – Freestyle Carving Demonstration in the Arts & Design District, (Main Street) 4-6 p.m. – event until 7 p.m. Stations will be available for Ice Carver Performer to set up tools beginning at 2 p.m. Performer may begin to work on their ice as early as 2:30 p.m. but must begin no later than 4 p.m. Sculptures must be complete by 6 p.m. Ice Carver Performers stay for community questions until 7 p.m. Performer MUST let Meg Osborne know in advance if she/he wants to be placed in proximity to another carver. Last minute changes cannot be accommodated. Sunday, February 21 – Freestyle Carving Demonstration at Carter Green 11 a.m. – 3 p.m. – event until 4 p.m.) Four blocks of ice will be provided on a pedestal with gel color Stations will be available for Ice Carver to set up tools beginning Sunday morning Ice Carver Performer must begin work no later than 11 a.m. Sculptures must be complete by 3 p.m. Ice Carver Assistants on site entire event with instructions from Ice Carver Performers Winners will be determined by audience ballots open until 4:00 p.m. Award checks will be mailed to winners 56 Blocks of Ice will be delivered ACCOMMODATIONS AND PAYMENT Hotel accommodations for Ice Carver Performer will be provided at Hotel Carmichael North for the night of Saturday, February 20. Ice Carver Assistants will each room with Ice Carver Performer along with one voucher for the hotel’s restaurant, Vivante French Eatery. Performer will be allotted one guest room. Additional restaurant vouchers may be purchased by Performer upon check-in. Ice Carver Performer will receive a check in the amount of $1,200.00 on Sunday, February 20 at the completion of the exhibition. Ice Carver Assistants will receive a check in the amount of $400.00 after city paperwork is completed & submitted A dinner will be provided for Ice Carver Performers and Ice Carver Assistants after Saturday'sice display exhibition at 8 p.m. A breakfast voucher of $25.00 will be provided on Sunday at the Hotel Carmichael/Vivante French Eatery for each Ice Carver Performer and each Ice Carver Assistant FYIJCJU B)3pg3* Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 104942 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT1/28/2021375470 KYLE PRICE COMMUNITY RELATIONS VENDORSHIP529SMAPLEST 1CIVIC SQ TO Carmel, IN 46032- WINCHESTER, KY 40391 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 53530 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1ICECARVING SERVICES FOR FESTIVAL OF ICE EVENT$400.00$400.00 Sub Total 400.00 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 400.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 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Dzsvt!Lfdl-!ps!cz!dpousbdu!xpslfst/ Dzsvt!Lfdl!.!Qbsuofs Gfcsvbsz!21-!3132 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 104558 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/2/2020375334 INGLENOOK PARTNERS LLC Carmel Police Department VENDORSHIP14268DELANEYDRIVE 3Civic Square TO Carmel, IN 46032- FISHERS, IN 46038 - Don Kirch PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 51884 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1110101General Fund Account: 43-419.99 1Eachprofessional services$30,000.00$30,000.00 Sub Total 30,000.00 Send Invoice To: Carmel Police Department Accounts Payable 3 Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 30,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABE THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 194 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Jim BarlowJames Crider TITLE ChiefDirector of Administration CONTROL NO. 104558 CONTROLLER Amendment to Agreement Between City of Carmel and Fraternal Order of Police Lodge #185 This Amendment is entered into by and between the City of Carmel, Indiana, by and through its Board of Public Works and Safety, and the Fraternal Order of Police Lodge #185 (collectively, the “Parties”) pursuant to the Agreement Between City of Carmel and Fraternal Order of Police Lodge #185 approved by the Carmel Common Council on February 1, 2021 and approved and signed by the Carmel Board of Public Works and Safety on February 3, 2021 (the “Agreement”). The Parties agree that Section 11, Subsection I. of the Agreement is hereby amended to read as follows: I. Specialty Pay. Employees who meet criteria specified by the Department’s Rules and Regulations may qualify for the specialty pay, in addition to all other forms of compensation: Personnel Specialist/FTO Coordinator $2,500.00 Per Year Firearms Range/Training Coordinator $2,500.00 Per Year K-9Handler $1,500.00 Per Year K-9 Coordinator $2,500.00 Per Year Foreign Language Interpreter $2,000.00 Per Year Special Weapons And Tactics (SWAT) $2,500.00 Per Year Emergency Response Group (ERG) $2,000.00 Per Year Traffic Division (Motorcycle Patrol Officer) $1,500.00 Per Year Accident Investigator Accident Investigators who achieve certification levels associated with the following hours are eligible for the corresponding specialty pay: 80hrs-$1500.00, 160hrs-$2,000.00, 240hrs- 2500.00. Field Evidence Technician $2,500.00 Per Year Drug Recognition Officer $1,000.00 Per Year IDACS Coordinator $1,000.00 Per Year Child Safety Seat Technician $1,000.00 Per Year Unmanned Aircraft Systems (UAS) $1,500.00 Per Year Honor Guard $1,000.00 Per Year Police Officer Support Team $1,000.00 Per Year Negotiator $1,500.00 Per Year Each Employee shall be entitled to receive no more than two (2) types of specialty pay at any given time, with the exception of Foreign Language Interpreter. The Employee shall receive the highest two types of specialty pay for which he/she is eligible. All specialty pay shall cease when an Employee no longer performs the duties associated with the pay or no longer meets the qualifications for such pay.” The terms and conditions of the Agreement shall not otherwise be affected by this Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CARMEL BOARD OF PUBLIC WORKS FRATERNAL ORDER OF POLICE AND SAFETY Lodge #185 BY: BY: James Brainard, Presiding Officer Blake Lytle, President Date: Date: Mary Ann Burke, Member Matthew Broadnax, Vice-President Date: Date: Lori S. Watson, Member Mark Paris, Treasurer Date: Date: ATTEST: Sue Wolfgang, Clerk CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM Contact Person Email Phone Number: Cell Number: Address Name/Organization: Organization Type: Residenc y/Location: Event/Use Purpose: Event Date End Date Number of People Expected: CONTACT INFORMATION: Kathrine Kouns kkouns@ccs.k12.in.us 6026257552 6026257552 City Carmel State / Province / Region IN Postal / Zip Code 46032 Country USA Street Address 520 E. Main Street Address Line 2 Carmel High School Choir (Accents) Non-Profit Organization Do you reside or are you located within the Carmel city limits? Ye s No Show Choir/Variety Show in conjunction with the Great American Songbook Foundation. Performance on the steps of the Palladium/Center for the Performing Arts. We would not need to set up any staging. We would set up our own outdoor sound system. Audience members would bring their own lawn chairs to spread out on Center Green to watch the show. Performance at 3pm on Sunday, April 25, but we would like to reserve Sunday, May 2 as a back-up performance date in case of rain on 4/25. 4/25/2021 4/25/2021 200 Approved by CRED, CFD, CPD – 2/10/21 COVID protocols in place Set-Up Start time Tear Down End Time Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Desc ription of Event: FACILITY (S) 12:00:00 PM 05:00:00 PM 03:00:00 PM 04:00:00 PM NA 4/19/2021 05:00:00 PM 06:30:00 PM Will a Fee be charged for this event? If yes please describe in narrative below. YES NO Provide a brief description of event Show Choir/Variety Show in conjunction with the Great American Songbook Foundation. Performance on the steps of the Palladium/Center for the Performing Arts. We would not need to set up any staging. We would set up our own outdoor sound system. Audience members would bring their own lawn chairs to spread out on Center Green to watch the show. Performance at 3pm on Sunday, April 25, but we would like to reserve Sunday, May 2 as a back-up performance date in case of rain on 4/25. Admission would be free, but we would like to request electronic donations if possible. We would need the road around Center Green closed to vehicles. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO JAPANESE GARDEN M ONON & M AIN PLAZA M IDTOWN PLAZA - Ev e nts must be fre e and ope n to the public. REFLECTING POOL - Ple ase note that Ve te ran's Plaza is NOT av ailable for re nt. SOPHIA SQUARE Othe r Steps of Palladium (already approved with Renee LaSchiazza - Great American Songbook Foundation) SPECIAL REQUESTS: Mar k all that apply REQUESTS: VENDORS: CITY SERVICES NEEDED: ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAM ES BUILDING RESTROOM S (CARTER GREEN) N/A Othe r VENDORS: Mark all that appl y SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED ALCOHOL SERVED - Ple ase se e Se ction M unde r “Ge ne r al Te rms and Conditions” in the spe cial e v e nt policy handbook. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY EM ERGENCY M EDICAL SERVICES (EM S) TRAFFIC CONTROL ONSITE SECURITY BARRICADES NO PARKING SIGNS (PICK UP AT CARM EL POLICE DEPARTM ENT) N/A Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark al l that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Te nt(s) – If you are re que sting M idtown Plaza, the e xclusiv e v e ndor for te nt r e ntal is A-Classic Party Re ntals (317-251-7368). Size of Tent (s) Bounce House N/A Othe r We would set up our own outdoor sound system Andrew Okerson Name of Merchants(s) doing the setup 3144030323 Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Neighborhood Name/Streets to be c losed UPLOAD MAP Type of Closure: Further Info for type of c losure A re fundable Se curity De posit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-r e fundable e v e nt fe e in the amount of $150 for any applicant located or residing outside of Carmel city limits must be r e ce iv e d prior to application re v ie w or proce ssing. Payment may be made online using a credit or debit card at www.govpaynow .com PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carme l Board of Public Works and Safe ty re se rv e s the right, in its sole discre tion, to de ny any facility use re que st and/or re v oke any pre v isously grante d re que st to use a City facility for any lawful re ason. Entrances and road around Center Green closed to vehicles Include addresses as appropriate An easy to read, color map of the area is required with submission. City of Carmel Event Request Form.pdf 827.52KB Rolling closure Total closur e Lane r e str ictions - e xplain be low Othe r - e xplain be low N/A Explain lane restrictions needed and other needed below: Blocking the driveways to enter the road around Center Green SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City- owned facility and/or property. * GO TO SUBM IT TAB AND CLICK ON SUBM IT Kathrine Kouns Name of Organization/Applicant Signature of Authorized Agent/Applicant Kathrine Kouns Printed Name and Title (If applicable) 515 E. Main Street Carmel, IN 46032 Address of Organization/Applicant 1/29/2021 Date CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for u se b y City of Carmel) Chec klist Applicable permit or approval c opies received Application comple te d in full Ev e nt narrativ e de scription include d M aps attache d, if applicable Ve ndor list attache d, if applicable Se curity de posit or e v e nt fe e re ce iv e d Ce rtificate of Insurance re ce iv e d Communication plan to re side nts and/or busine sse s and/or copy of e mail corre sponde nce to affe cte d partie s re ce iv e d HOA approv al re ce iv e d Hamilton County He alth De partme nt Hamilton County She riff City of Carme l Fire M arshal City of Carme l Police De partme nt Carme l Clay Parks & Re cre ation SUBMIT Approved by CRED, CFD, CPD – 2/10/21 COVID protocols in place East Patio Palladium (date approved by Palladium - CDixon) 6/18/21 7/16/21 6/18/21 7/16/21 Approved by CRED, CFD, CPD – 2/10/21 COVID protocols in place Actors Theatre of Indiana Drive IN Theater COVID Guidelines November 27, 2020 1. Face Coverings a. Everyone MUST wear FaceMasks if they are out of car. 2. Social Distancing Measures a. Maximum 6 people per car - arrive in the same car. b. All cars parked at least 9 ft apart from each other. c. See map with layout of cars. d. NO congregating in the parking lot. e. In addition to speakers, audio set to go through a radio transmitter so patrons can hear it without leaving their cars. 3. ATI Performers are 6 Ft apart on stage even though they are family. a. 4. Signage a. FaceMasks required b. No congregating c. If sick – please stay home 5. No vendors 6. Compliance/Staff & Volunteer a. MEG & Associates staff is outfitted with masks, shields and their temperatures taken upon arrival. 10 taff to monitor cars – direct parking b. 2 Carmel Police Department Officers to help monitor 7. Increased Sanitization – this is an outdoor event – people do not get out of their own cars. Approved by CRED, CFD, CPD – 2/10/21 COVID protocols in place Approved by CRED, CFD, CPD – 2/10/21 COVID protocols in place COVID protocols in place Approved by CRED, CFD, CPD - 2/10/2021 1 Dixon, Carol From:Bob Reynolds <rmreynolds47@gmail.com> Sent:Thursday, February 4, 2021 3:35 PM To:Dixon, Carol Subject:Sept 4TH **** This is an EXTERNAL email. Please exercise caution and Do Not open attachments or click links from unknown senders or unexpected email. **** Hi Carol, First off thanks for helping me out with the rental process. I am aware that should the COVID regulations still be in effect on Sept 4th 2021, I will ensure that all participants wear masks and remain socially distant during the event. Regards Robert M. Reynolds 317-409-4464 CzKpoPcfsmboefsbu22;1:qn-Gfc14-3132 CLINICALAFFILIATIONAGREEMENT CityofCarmel And SchoolofEMS This agreement made and entered intothis (Date) 02/02/2020byand between theCity of Carmel, byand through itsBoard ofPublic Works andSafety and theSchool ofEMS, Inc. (hereinafter referred to School ofEMS) and willcontinue until theagreement isterminated byeither party. I. PURPOSE The ClinicalSiteshall provide theSchool ofEMS students with practical experience inEMS-based patient care activities through theClinicalS Emergency Medical Services Division and theSchool ofEMS shall provide thestudent with academic experience. II. RESPONSIBILITIES OF THE CLINICAL SITE The Clinical Siteshall: A. Provide cooperation toensure students oftheSchool ofEMS receive aneffective clinical experience. B. Provide asuitable clinical experience situation as prescribed bythecurriculum provided by the School ofEMS andoutlined bytheNational Highway Traffic Safety Administration. C. Assist with clinical teaching andsupervision ofagreed upon number ofstudents oftheSchool of EMS. D. Ensure thestandards ofpatient care established bytheClinical Site remain incontrol ofthe employees. E. Reserve the right todetermine themanner inwhich theClinicalSite owned equipment and supplies shall beused and operated. F. Provide acontact person fortheSchool ofEMS attheClinical Site soastofacilitate interaction between thetraining program and oursystem. III. RESPONSIBILITIES OF THE SCHOOL OF EMS The School ofEMSshall: A. Ensure that students who use theClinicalS facilities willabide bytheClinicalSpolicies. B. Ensure students oftheSchool ofEMS willhave professional liability insurance in theappropriate amount prior tobeginning clinical experience with theClinical Site. C. Ensure each student hasbeen provided infection control training asoutlined by theDepartment of Transportation knowledge objectives forEMS courses. D. Ensure each student hasbeen provided HIPAA training inaccordance with theFederal and State guidelines. E. Ensure each student hasbeen cleared through abackground check toinclude thefederal inclusion/exclusion list. F. Ensure each student haspassed a10-panel drug screen. G. Ensure that documentation hasbeen established bytheSchool ofEMSonhow students are determined tobeproficient inboth basic andadvanced skillswhich areexpected tobeutilized inthe clinical internship setting. H. Provides each student aCompetency Check Listsothatthestudent may present thistotheClinical S facility they areassigned toduring allinternship assignments. I. Consider promptly anycomplaint made by theClinical Steagainst astudent inaccordance withthe School ofEMS standards andprocedures ofdisciplinary action. J. Shall provide preceptor training torelevant Clinical Site staff attheclinical location(s) orviaonline services. IV. HOLD HARMLESS AND INDMENIFICATION The School ofEMSagrees toindemnify, defend and hold harmless theCity ofCarmel and itsofficers, officials, agents, attorneys and employees from allclaims and suits ofwhatever type, including, but notlimited to, allcourt costs, attorney fees, andother expenses, caused byanyactoromission ofSchool ofEMS and/or ofany of School ofEMS orstudents intheperformance ofthisAgreement. These indemnification obligations shall survive thetermination ofthisAgreement. V. RESPONSIBILITIES OF THE CLINICAL SITE AND THE SCHOOL OF EMS The Clinical Site and theSchool ofEMSshall: A. Agree upon thenumber ofstudents tobeplaced attheClinical Siteforclinical rotations. B. Revise andmodify thiscontract inwriting ifboth parties agreeto therevision or modification. VI. TERMINATION This contract may beterminated byeitherparty upon onehundred eighty (180) dayswritten notice totheother party byregistered mail, return receipt requested. The termination shall nottake effect until students who are enrolled atthe time such notice isgiven have completed thecourses inwhich they areenrolled. VII. DISCRIMINATION Neither theClinical Site northeSchool ofEMSshallunlawfully discriminate in their respective performance ofthis contract. VIII. CONTACT PERSONS The contact person and authorized designee oftheSchool ofEMS forthepurposes ofthisagreement is: Name: Vicky LaMay Title: Director ofClinical Services Email: rcf@schoolofems.org Address: 115Jordan Plaza Blvd. Tyler, Texas 75704 Phone Number: (903) 399-1463 The contact person and authorized designee oftheClinical Site forthepurposes ofthisagreement is: Name: JonAlverson Title: EMS Chief Email: jalverson@carmel.in.gov Address: 2Civic Square Carmel, IN46032 Phone Number: 317-571-2600 IX. ENTIRE AGREEMENT This Agreement constitutes theentireagreement between theSchool ofEMS and City with respect to thesubject matter hereof, and supersedes allprior oral orwritten representations andagreements regarding same. This Agreement may only bemodified bywritten amendment executed byboth parties hereto, ortheirsuccessors ininterest EXECUTED on . The City ofCarmel and theSchool ofEMS have executed thisagreement byand through one ofits dutyauthorized officers, thereby binding themselves, theirsuccessors and assignees and representatives for thefaithful andfullperformance ofthe termsandprovisions ofthiscontract. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA SCHOOL OF EMS, INC. by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: Printed Name Mary Ann Burke, Member Date: Title Lori S. Watson, Member FID/TIN: 82-4257933 Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: Sue Wolfgang, Clerk Date: