HomeMy WebLinkAboutPaperless Packet for BPW 08.18.21Board of Public Works and Safety Meeting
Agenda
Wednesday, August 18, 2021 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the August 4, 2021, Regular Meeting
2. BID/QUOTE OPENINGS AND AWARDS
a. Bid Opening for Water Meter Expansion Connectors; John Duffy, Director of the
Department of Utilities
b. Bid Opening for 146th Street Water Main Extension; John Duffy, Director of the
Department of Utilities
3. CONTRACTS
a. Request for Purchase of Goods and Services; Rundell Ernstberger Associates, Inc.;
($34,900.00); 21-02 –Main Street – Conceptual Planning and Design Services; Jeremy
Kashman, City Engineer
b. Request for Purchase of Goods and Services; James Tyler; ($20,000.00); Brickhead
Human Sculpture; Sharon Kibbe, Carmel Mayor’s Office
c. Resolution BPW 08-18-21-01; A Resolution of the City of Carmel Board of Public
Works and Safety Acknowledging Agreement Between City and Vendor; The Seward
Johnson Atelier, Inc.; ($70,000.00); Waiting to Cross Sculpture; Sharon Kibbe, Carmel
Mayor’s Office
d. Request for Purchase of Goods and Services; MEG & Associates, LLC; ($16,250.00);
Event Planning and Media Services; Additional Services Amendment; Nancy Heck,
Director of the Department of Community Relations
e. Request for Purchase of Goods and Services; American Structurepoint, Inc.;
($590,001.60); 16-ENG-70 Range Line Streetscape from 116th & Carmel Drive – RAB
at 116th & Medical Drive; Additional Services Amendment; Jeremy Kashman, City
Engineer
f. Request for Purchase of Goods and Services; Bowen Engineering Corporation;
($246,570.00); Waste Water Treatment Plant Secondary Expansion Project; CO #3;
John Duffy, Director of the Department of Utilities
g. Request for Purchase of Goods and Services; Lykins Contracting, Inc.; ($998,739.00);
Water Mains; CO #3; John Duffy, Director of the Department of Utilities
h. Request for Purchase of Goods and Services; Lykins Contracting, Inc.; ($5,640.00);
Hydrant Extensions; CO #4; John Duffy, Director of the Department of Utilities
i. Request for Purchase of Goods and Services; Enterprise Solutions Consulting, LLC;
($72,000.00 per year) Application Managed Services; John Duffy, Director of the
Department of Utilities
j. Request for Purchase of Goods and Services; Enterprise Solutions Consulting, LLC;
Oracle Public Sector Cloud Services Agreement; John Duffy, Director of the Department
of Utilities
k. Request for Purchase of Goods and Services; Enterprise Solutions Consulting, LLC;
Master Consulting Services Agreement; John Duffy, Director of the Department of
Utilities
l. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC;
($17,971.50); Fleet Vehicle; James Crider, Director of Administration
m. Request for Purchase of Goods and Services; Predictive Index, LLC; ($4,450.00);
Access to PI Hire Software; Chief David Haboush, Carmel Fire Department
n. Request for Utility Reimbursement Agreement; AT&T Indiana; ($27,131.23); 20-SW-
11 – Duke Energy – Carmel 69 Substation – Storm Reroute; Jeremy Kashman, City
Engineer
o. Request for Utility Reimbursement Agreement; Spectrum Mid-America, LLC;
($44,407.43); 20-SW-11 – Duke Energy – Carmel 69 Substation – Storm Reroute;
Jeremy Kashman, City Engineer
p. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.;
($500,000.00); 18-ENG-07 – Monon Trail and Greenway Construction Inspection;
Additional Services Amendment; Jeremy Kashman, City Engineer
q. Request for Purchase of Goods and Services; HRD Advisory Group LLC; ($2,400.00);
HR Contracted Services; Barb Lamb, Director of Human Resources
4. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use Civic Square Gazebo; Ages Band Friends and Family Concert; August
28th, 2021; 4:30 PM – 10:30 PM; Mark Stevens
b. Request to Use Carter Green; Celebration of Life Reception; September 19th, 2021;
9:00 AM – 8:00 PM; Shelbi George
c. Request to Use/Close City Streets; Neighborhood Party; September 11th, 2021; 4:00
PM – 11:00 PM; Terry Maynard
d. Request to Use/Close City Streets; Angels and Doves Charity Event; September 5th,
2021; 12:00 PM – 12:00 AM; Barry Miller, The Brockway Public House
e. Request to Use Midtown Plaza; International Movies at Midtown; August 26th, 2021;
5:30 PM – 9:00 PM; Candy Martin, Carmel Mayors Youth Council
5. OTHER
a. Resolution BPW 08-18-21-02; A Resolution of the City of Carmel Board of Public
Works and Safety of the City of Carmel, Indiana, Approving the Transfer and
Presentation of Pistol and Badge; John W. McAllister; Chief James Barlow, Carmel
Police Department
b. Request for Interlocal Agreement Between the Hamilton County Solid Waste Board
and the City of Carmel; Household Hazardous Waste Collection Services; John Duffy,
Director of the Department of Utilities
c. Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restrictions; Shelborne
Road and Tara Court; Duke Energy
d. Request for Alley Closure/Open Pavement Cut; 120 1st Ave NW; Vectren
e. Request for Curb Cuts; 96th and Westfield; Andy Taylor, Kimley Horn
f. Request for Right of Way Vacation; 241 1st Ave SE/3rd Street SE Alley; Jim Thomas,
Property Owner
g. Request for Storm Water Technical Standards Waiver; 11100 Queens Way Circle;
Chris Hinkle, Red Barn Engineering
h. Request for Storm Water Technical Standards Waiver; 11530 Illinois Street; Jon
Sheidler, Woolpert
i. Request for Storm Water Technical Standards Waiver; 5201 E. Main Street; Brittany
Heidenreich, TLF, Inc.
j. Request for Replat; Mélange Subdivision; Jon Sheidler, Woolpert
k. Request for Replat; VOWC Uptown 6003B Block C; Chris Cooper, HWC
6. PUBLIC HEARING
a. Resolution BPW 08-18-21-03; A Resolution of the City of Carmel Board of Public
Works and Safety of the City of Carmel, Indiana, Regarding the Third –Party
Transfer of Real Property; Jeremy Kashman, City Engineer
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, August 4, 2021 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
6
7
MEETING CALLED TO ORDER8
9
Mayor Brainard called the meeting to order at 10:08 AM 10
11
12
MEMBERS PRESENT13
14
Mayor James Brainard, Board Member Mary Ann Burke, and Deputy Clerk Jennifer Stites were present. 15
16
17
MINUTES18
19
Minutes from the July 21, 2021, Regular Meeting were approved 2-0. 20
21
22
BID/QUOTE OPENINGS AND AWARDS23
24
Bid Opening for 2021 Path Preservation; there were no bids submitted. 25
26
27
CONTRACTS28
29
Request for Purchase of Goods and Services; SJCA P.C.; ($5,250.00); 19-02 -Replacement and Rehabilitation of 30
Multiple Bridges in Brookshire Golf Club; Additional Services Amendment; Mayor Brainard moved to approve. 31
Board Member Burke seconded. Request approved 2-0. 32
33
Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($504,815.00); 20-ENG-03 – 3rd 34
Ave Reconstruction from City Center to Elm Street, Design and ROW; Additional Services Amendment; Mayor 35
Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 36
37
Request for Lease with Maintenance Agreement; Toshiba Business Solutions; ($105.48 per month); Copier; 38
Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 39
40
Request for Purchase of Goods and Services; Truck Country of Indiana, Inc.; ($340,622.00); Dump Trucks; 41
Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 42
43
Resolution BPW 08-04-21-01; A Resolution of the City of Carmel Board of Public Works and Safety 44
Acknowledging Agreement Between City and Vendor; Old Growth Again Restoration Forestry, Ind. d/b/a Forever 45
Redwood; ($351,690.00); Pavilion at Carter Green; Mayor Brainard moved to approve. Board Member Burke 46
seconded. Request approved 2-0. 47
48
REQUEST TO USE CITY STREETS/PROPERTY49
50
Request to Use Civic Square Gazebo/Civic Square Fountain; Shabbat in the Park; August 6th, 2021; 4:00 PM – 51
8:00 PM; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 52
53
Request to Use/Close City Streets; Grand Opening Party; August 19th, 2021; 4:00 PM – 11:00 PM; Mayor 54
Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 55
56
Request to Use/Close City Streets; Carmel Farmers Market 9/11 Ceremony; September 11th, 2021; 6:00 AM – 57
11:30 AM; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 58
59
Request to Use Carter Green/Adjacent Drives and Sidewalks/James Building and Veterans Parking Garages and 60
Restrooms/East Plaza of The Palladium/Parking Spaces on the East Side of SW 3rd Ave; Carmel Farmers Market; 61
May 7th – September 24th, 2022; 6:00 AM – 1:30 PM; Mayor Brainard moved to approve. Board Member Burke 62
seconded. Request approved 2-0. 63
64
Request to Use Carter Green; Dance Recital, Food Truck; August 7th, 2021; 1:00 PM – 6:00 PM; Mayor 65
Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 66
67
Request to Use Civic Square Gazebo; Preschool Dance Party; September 13th, 2021; 9:30 AM – 10:45 AM; 68
Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 69
70
Request to Acknowledge Mayor’s Approval to Use Parking Spaces; Celebration for Equity in Education; July 71
31st, 2021; 2:00 PM – 10:00 PM; Mayor Brainard moved to approve. Board Member Burke seconded. Request 72
approved 2-0. 73
74
Request to Use/Close City Streets; Ridge Road Fall Festival; September 11th, 2021; 3:00 PM – 12:00 AM; Mayor 75
Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 76
77
Request to Acknowledge Mayor’s Approval to Use Civic Square Gazebo; Carmel Police National Night Out – 78
Amended Request; August 3rd, 2021; 5:00 PM – 8:00 PM; Mayor Brainard moved to approve. Board Member 79
Burke seconded. Request approved 2-0. 80
81
Request to Use City Center Green/Barricades/No Parking; Oktoberfest; October 1st, 2021; 10:00 AM – 12:00 82
AM; Mayor Brainard moved to approve. Board Member Burke seconded. Request approved 2-0. 83
84
Request to Use Civic Square Gazebo; M3 Theatre Fall Fundraiser Rehearsal and Performance; October 8th, 85
2021; 7:00 PM – 9:00 PM; October 9th, 2021; 9:00 AM – 9:00 PM; Mayor Brainard moved to approve. Board 86
Member Burke seconded. Request approved 2-0. 87
88
89
OTHER90
91
Request for Consent to Encroach; 254 Veterans Way; Board Member Burke moved to approve. Mayor Brainard 92
Burke seconded. Request approved 2-0. 93
94
Request for Consent to Encroach; 5147 Puffin Place; Board Member Burke moved to approve. Mayor Brainard 95
Burke seconded. Request approved 2-0. 96
97
Request for Waiver of BPW Resolution No. 04-28-17-01; 116th and Rolling Springs; Board Member Burke moved 98
to approve. Mayor Brainard Burke seconded. Request approved 2-0. 99
100
Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restrictions; Fiber Installation – Service for Briar 101
Creek, Briar Lane Estates, Glenwood and Shadybrook; Board Member Burke moved to approve. Mayor Brainard 102
Burke seconded. Request approved 2-0. 103
104
Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restrictions/Pavement Cut; Ascension St. Vincent 105
Heart Hospital; 10580 N. Meridian; Board Member Burke moved to approve. Mayor Brainard Burke seconded. 106
Request approved 2-0. 107
108
Request for Lane Closure/Open Pavement Cut; 106th & College; Board Member Burke moved to approve. Mayor 109
Brainard Burke seconded. Request approved 2-0. 110
111
Request for Lane Restriction; 1991 W. 116th Street; Board Member Burke moved to approve. Mayor Brainard 112
Burke seconded. Request approved 2-0. 113
114
Request for Lane Restrictions/Open Pavement Cut; City Center & Pawnee Road; Board Member Burke moved 115
to approve. Mayor Brainard Burke seconded. Request approved 2-0. 116
117
Request for Right of Way Dedication; Woodside at West Clay; Board Member Burke moved to approve. Mayor 118
Brainard Burke seconded. Request approved 2-0. 119
120
Request for Storm Water Technical Standards Waiver; 750 Veterans Way; Board Member Burke moved to 121
approve. Mayor Brainard Burke seconded. Request approved 2-0. 122
123
Request for Secondary Plat; Gramercy West Section 2; Board Member Burke moved to approve. Mayor Brainard 124
Burke seconded. Request approved 2-0. 125
126
127
ADD-ONS128
129
Request for Purchase of Goods and Services; Gordon Flesch Company, Inc.; ($1,024.57 per month); 130
Equipment Lease; Board Member Burke moved to add four add-on items on to the agenda. Mayor Brainard 131
seconded. Add-ons approved 2-0; Board Member Burke moved to approve request. Mayor Brainard seconded. 132
Request approved 2-0. 133
134
Request for U.S. Department of Interior U.S. Geological Survey Joint Funding Agreement for Water Resource 135
Investigations; ($4,500.00); Maintenance of Streamflow Gaging Station; Board Member Burke moved to approve 136
request. Mayor Brainard seconded. Request approved 2-0. 137
138
Resolution BPW 08-04-21-02 – A Resolution Requesting the Financing Construction and Dedication of Certain 139
Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit against the Payment of Parks and 140
Recreation Impact Fees and Approving a PRIF Credit Agreement; Edward Rose Development Carmel; Board 141
Member Burke moved to approve request. Mayor Brainard seconded. Request approved 2-0. 142
143
Resolution BPW 08-04-21-03 – A Resolution Requesting the Financing Construction and Dedication of Certain 144
Infrastructure or Other Impact Zone Improvements in Lieu of and as a Credit against the Payment of Parks and 145
Recreation Impact Fees and Approving a PRIF Credit Agreement; The Corner; Board Member Burke moved to 146
approve request. Mayor Brainard seconded. Request approved 2-0. 147
148
149
150
151
ADJOURNMENT152
153
Mayor Brainard adjourned the meeting at 10:14 a.m. 154
155
156
APPROVED: ____________________________________ 157
Sue Wolfgang – City Clerk 158
159
_____________________________________ 160
Mayor James Brainard 161
ATTEST: 162
163
__________________________________ 164
Sue Wolfgang – City Clerk 165
CzKpoPcfsmboefsbu4;55qn-Bvh16-3132
JamesTyler
Mayor’sOffice – 2021
CzKpoPcfsmboefsbu3;48qn-Bvh1:-3132Appropriation # 116043-551.01; P.O. #: 105410
ContractNotToExceed $20,000.00
AGREEMENT FOR SALE OF WORK OF ART
THIS AGREEMENT FORSALE OF WORK OF ART (the “Agreement”) is hereby entered into by and
between the City of Carmel, Indiana, by and through its Board of Public Works and Safety (the “Collector”), and
James Tyler (the “Artist”).
WHEREAS, the Artist has created the Work of Art entitled “Brickhead Human Sculpture” (the “Work”). The
Work is described in greater detail in Exhibit A, which is attached hereto and is incorporated herein by this reference.
NOW THEREFORE the parties agree as follows:
ACKNOWLEDGMENT, ACCEPTANCE:
Gallery 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.
PERFORMANCE:
Artist agrees to sell and the Collector agrees to purchase the Work for a total purchase price of Twenty
Thousand Dollars ($20,000.00) (the “Purchase Price”). The Collector will use City ofCarmel budget
appropriation number 1160 43-551.01 funds to pay the Purchase Price.
PRICE AND PAYMENT TERMS:
3.1
3.2 Artist agrees not to provide any goods and services to Collector that would cause the total cost of the
Work provided by Artist to Collector hereunder to exceed the Purchase Price, unless Collector has
previously agreed, in writing, to pay an amount in excess thereof.
4.WARRANTY:
Artist expressly warrants that the Work will conform to those certain specifications, descriptions and/or
quotations regarding same as were provided to Artist by Collector and/or by Artist to and accepted by
Collector, all of which documents are incorporated herein by reference, and that the Work will be delivered in
atimely, good and workmanlike manner and free from defect. Artist acknowledges that it knows of Collector’s
intended use and expressly warrants that the Work provided to Collector pursuant to this Agreement has
been selected by Artist based upon Collector’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.
1
JamesTyler
Mayor’sOffice – 2021
Appropriation # 116043-551.01; P.O. #: 105410
ContractNotToExceed $20,000.00
6.COPYRIGHT:
The Artist, and/or their successor(s), heir(s), and or assign(s) is/are the copyright owner(s) of the Work and
shall retain all copyright ownership in the Work. The Collector agrees to never contest the copyrights of the
Artist, and/or their successor(s), heir(s), and/or assign(s) in the Work.It is understood that any photographic
or other image, including any derivative, of the Work may not be used for commercial purposes. If the
Collector desires to use a two-dimensional image of the Work for a commercial or non-commercial purpose,
the Collector must submit a written request to Artistfor approval prior to any such use. Non-commercial two-
dimensional images of the Work for media and promotional purposes will generally be permitted.
7. DEFAULT:
In the event Artist: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Artist’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 Collector 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, Collector shall
have the right to (1) terminate all or any parts of this Agreement, without liability to Artist; and (2) exercise all
other rights and remedies available to Collector at law and/or in equity.
8. INDEMNIFICATION:
Artist shall indemnify and hold harmless Collector 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 the sale and/or exhibition of the Work under this
Agreement.
Artist further agrees to indemnify, defend and hold harmless Collector 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 Artist and/or of any of Artist’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
9. GOVERNMENT COMPLIANCE:
Artist agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Artist’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Artist agrees to indemnify and hold harmless
Collector 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.
10. 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.
11. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Artist nor any of
its officers, employees, contractors, subcontractors and agents are employees of Collector. The Purchase
Price set forth herein shall be the full and maximum compensation and monies required of Collector to be
paid to Artist under or pursuant to this Agreement
2
JamesTyler
Mayor’sOffice – 2021
Appropriation # 116043-551.01; P.O. #: 105410
ContractNotToExceed $20,000.00
12.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 isthe appropriate venue for and has jurisdiction over same.
13. 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.
14. 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 Collector:Nancy Heck Department of Law
Department ofCommunity RelationsOne Civic Square
One Civic Square Carmel, Indiana 46032
Carmel, Indiana 46032 AND
If to Artist: James Tyler
32 Riverside Ave
Haverstraw, NY 10927
Notwithstanding the above, notice of termination under paragraph 15 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.
15. TERMINATION:
Notwithstanding anything to the contrary contained in this Agreement, Collector may, upon notice to Artist,
immediately terminate this Agreement for cause, in the event of a default hereunder by Artist 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, Artist shall be entitled to receive only payment for work
completed as of the date of termination, except that such payment amount shall not exceed the Purchase
Price, unless the parties have previously agreed in writing to a greater amount.
16. UNAUTHORIZED ALIENS:
By signing this agreement, Artist certifies and represents that it does not knowingly employ unauthorized
aliens.
17. 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.
3
JamesTyler
Mayor’sOffice – 2021
Appropriation # 116043-551.01; P.O. #: 105410
ContractNotToExceed $20,000.00
18.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.
19. 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.
20. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than Collector and Artist
21. IRAN CERTIFICATION:
Pursuant to I.C. § 5-22-16.5, Artist shall certify that, in signing this document, he does not engage in
investment activities within the Country of Iran.
22. 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.
23. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Artist and Collector with respect to the subject matter hereof, and supersedes all prior
oral or written representations and agreements regarding same. Notwithstanding any other term or condition
set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any
exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
4
JamesTyler
Mayor’sOffice – 2021
Appropriation # 116043-551.01; P.O. #: 105410
ContractNotToExceed $20,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
COLLECTOR” “ARTIST”
CITY OF CARMEL, INDIANA JAMES TYLER
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
LoriS. Watson, MemberFID/TIN:
Date:
Last Four of SSN ifSole Proprietor:
ATTEST:
Date:
Sue Wolfgang, Clerk
Date:
5
FYIJCJUB
2PG3
FYIJCJUB
3PG3
RESOLUTION NO. BPW 08-18-21-01
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 ofthe 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 TheSeward Johnson Atelier, Inc. Amendment.docx8/9/20212:49PM
CzKpoPcfsmboefsbu3;45qn-Bvh1:-3132
Bvhvtu!:-!3132
CzKpoPcfsmboefsbu23;14qn-Bvh16-3132
MEG & Associates
SCOPE OF SERVICES & RATE SCHEDULE FOR PROFESSIONAL SERIVCES
Non-profit Rate Schedule for June 15 December 31, 2021
I. Artomobilia
Connecting the Dots, Painting aPicture and Telling the Stories forArtomobilia
Help plan, facilitate and execute the Artomobilia for City ofCarmel
Scope of Services: The Scope ofServicescan beexecuted for afee of $50per hour tobebilled monthly
and will becapped atnomore than $8,000 billed tothe Cityof Carmel.
To direct activities and event direction for Carmel Artomobilia onbehalf ofthe City ofCarmel,
including but not limited to:
o Provide aframework for ahealthy, safe, and purposeful event
o Research related tohosting the event
o Create acomprehensive timeline for event
o Direct the communication with Carmel Artomobilia organizers
o Coordinate marketing material fulfillment for event
o Spearhead logistics forthe event, from planning toset upthrough execution and clean up
o Assist with public relations efforts for the event asapproved
o Adhere toapproved City ofCarmel budget for the event and public relations activity
o Meet regularly with City ofCarmel representative(s)
II. Music on the Monon
Scope of Services: The Scope ofServices can beexecuted for afeeof $50per hour tobebilled monthly
and will becapped atnomore than $1,500 billed tothe City ofCarmel.
To assist City of Carmel staff with limited pre-planning and preparation for three Music on the Monon
events being held at City Hall Gazebo on Saturday, July 24, 31 and August 7.
Be on-site manager day of for set up, implementation and tear down.
FYIJCJUB
QBHF
2PG3
9875 Lakewood Drive East, Indianapolis, IN46280 / 317.590.7522 / Meg@MegPromo.com
III. Intern serving City of Carmel for summer and fall events
Scope of Services:The Scope of Services can be executed for afee of $15per hourto bebilledmonthly
and will becapped atnomore than $6,750 billed tothe City ofCarmel.
Intern assigned to City of Carmel to be paid hourly for general office work, event planning and prep and
day ofservices for various events throughout the summer and fall of 2021.
This is arequested overview presentation and open for negotiation as needed. MEG & Associates consists of
seven employees plus Day of Event employees (MEG & Associates pay them directly for their work).
The following expenses MEG & Associates are not responsible for:
A. Printing materials or costs
B. Postage
C. Flyers, brochures, any promotional materials
D. Operational expenses or computer expenses (internet)
E. Any other miscellaneous expenses
Additional specialty materials and outside services paid for byMEG & Associates will bebilled back to
City ofCarmel atcost. Examples include butare not limited tospecialty paper, signs, banners, staff meals,
dumpsters, event supplies, and postage.
At any time, either party can give awritten 30 day notice for cancellation of the agreement.
July 14, 2021
MEG and Associates Date
City ofCarmel Date
FYIJCJUB
QBHF
3PG3
9875 Lakewood Drive East, Indianapolis, IN46280 / 317.590.7522 / Meg@MegPromo.com
7/30/2021
MEG & ASSOCIATES LLC
INDIANAPOLIS, IN 46280 -
105426
9875 LAKEWOOD DR EAST
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
EVENT PLANNING & MEDIA ADDITIONAL SERVICES
COMMUNITY RELATIONS
1 CIVIC SQ
Carmel, IN 46032-
365626
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
58290
1203Department:101Fund:General Fund
43-404.01Account:
EVENT PLANNING & MEDIA ADDITIONALSERVICES1 $6,750.00 $6,750.00Each
6,750.00SubTotal
43-590.03Account:
EVENT PLANNING & MEDIA ADDITIONALSERVICES1 $9,500.00 $9,500.00Each
9,500.00SubTotal
16,250.00
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. 105426
ORDERED BY
TITLE
CONTROLLER
COMMUNITY RELATIONS
1 Civic Square
Carmel, IN 46032-
Nancy Heck James Crider
Director Director of Administration
CzKpoPcfsmboefsbu21;22bn-Bvh14-3132
QBHF2PG7
FYIJCJUB
QBHF
3PG7
FYIJCJUB
QBHF
4PG7
QBHF5PG7
FYIJCJUB
QBHF
6PG7
FYIJCJUB
QBHF
7PG7
CzKpoPcfsmboefsbu5;1:qn-Bvh21-3132
Approved and Adopted this day of , 20 .
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:
CzKpoPcfsmboefsbu5;25qn-Bvh21-3132
Approved and Adopted this day of , 20 .
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:
Proprietary and Confidential City of Carmel / ESC Partners
CzKpoPcfsmboefsbu22;21bn-Bvh16-3132
CONTRACT
Application Managed
Services
Customer: City ofCarmel Utilities
Vendor: ESCPartners
Project: Oracle Customer Cloud ServicesImplementation
Execution Date:
Proprietary and Confidential City of Carmel / ESC Partners
Document Control
Owner ESC Partners
Status Initial Outline
Version Description of Change Date Author
1 Document Outline July 2nd, 2021 Jessica Speed
2
Proprietary and Confidential City of Carmel / ESC Partners
Signature Page
STATEMENT OF WORK
This APPLICATION MANAGED SERVICES STATEMENT OF WORK is entered into as
of this _____ day of _____________
City of Carmel by and through its
Board of Public Works and Safety Indiana Municipal Corporation, an Indiana
or City ofCarmel).
This SOW is supplemental to the Master Services Agreement between VENDOR and Client Master
Agreement
Agreement.
If there is any inconsistency between this SOW and the Master Agreement, the SOW shall be controlling,
and take precedent unless expressly otherwise provided in the SOW.
IN WITNESS WHEREOF, aduly authorized representative of each party has executed this agreement on
the Effective Date.
Signatures on next page)
Proprietary and Confidential City of Carmel / ESC Partners
Approved and adoptedthis day of ,2021.
CITY OF CARMEL, INDIANA Enterprise Solutions Consulting, LLC
By and through its Board of Public Works &Safety
BY: BY:
James Brainard, Presiding Officer RJKumar, President & CEO
07/06/2021Date: Date:
MaryAnn Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
SueWolfgang, Clerk
Date:
Proprietary and Confidential City of Carmel / ESC Partners
Background
Insupport ofongoing operations and management oftheOracle Utilities Customer Cloud Service forCity
ofCarmel Utilities (Carmel Utilities) management, Carmel Utilities hasrequested an Application Managed
Services Agreement from theEnterprise Solutions Consulting, LLC (ESC) toprovide Oracle Cloud
application management services.
Application Management Services Framework
ESC willprovide following aspects toensure that high quality ismade available toallCity users with us
involving the right resources forsupporting ourimplemented solution:
This section willdescribe:
The overall approach toCIS solution support:
o ESC Support Team, Oracle Premier Support.
o The useofESC project resources (Implementation Team) through thewarranty period.
How theApplication Management Services team willbeprepared tosupport thesolution.
The team involvement throughout theproject and production ofdeliverables necessary for
support.
ESC Application Management Services Framework, Methodologies, Tools, and Processes.
Proprietary and Confidential City of Carmel / ESC Partners
APPLICATION MANAGMENT SERVICES FRAMEWORK
The ESC team willprovide comprehensive Oracle CCS functional and technical support services under
Application Management Services 24/7support. The ESCapplication support and Oracle Cloud support
team willintegrate withCarmel ITsupport team. This will help toestablish, operate, and provide
knowledge transition associated with theapplication support system, adopting industry best practices.
The following graphic illustrates Application Management framework:
AMS STACK
The scope fortheApplication Managed Services includes:
1. ServiceDeskfunctionforbothapplication andhostingservicesduringbusinesshours
2. 24/7Technical support forallstandard Oracle CCS functionality implemented during
Implementation
3. 24/7Technical Support forallenhancements andInterfaces (i.e., configuration changes,
customizations, etc.) implemented.
4. 24/7System monitoring and defect resolution forbatch processing
5. 24/7Hosting support (Oracle) including hardware, operating system, network, and infrastructure
security monitoring andmanagement
6. Asneeded, additional development,consulting support will beprovided asrequested byCarmel
Utilities based onagreed upon ratecard
7. All code, configuration, etc. will be owned by Carmel Utilities and will be provided full access at
alltime
8. Dedicated Application Delivery Manager / Lead willbeassigned byESC forthisengagement.
Proprietary and Confidential City of Carmel / ESC Partners
APPLICATION MANAGEMENT PROCESSES
The following provides ahigh-leveldescription ofthe processes that willbeleveraged foreachCarmel
Utilities engagement:
ESC Integrated Support Services (EISS) The EISS Framework isour approach fordefining,
developing, and implementing managed applications. The EISS ticketing system institutionalizes
ourbest practices and isfully conformant with Best Practice ITService Management models.
UEE Utilities Evolution Excellence
methodology that will beemployed forthe development ofenhancements ornew requirements.
Operational Framework TheOperational Framework details theinterface/touchpoints and
workflows involved in the day-to-day activities. The Operational Framework alsodescribes the
processes used forIncident and Problem Management, Change and Release Management, and
Configuration Management.
Enterprise Human Resource Management (EHRM)
resource framework, based on well-known problem-solving techniques and team dynamics. Itwill
promote high-performing, self-
giving resilience toourservice. One ofthekeybenefits ofthisapproach isthedriver / riderprinciple
whichmitigates theriskofalltheapplication knowledge residing withanindividual.
ESC willprovide afullsuite ofapplication services, from strategic planning andbusiness process
outsourcing, toapplication integration, development, maintenance, support, and service desk. ESC
that weprovide ourclients with thehighest level ofquality. Theinformation that follows willfocus specifically
ontheApplication Maintenance andSupport services, highlighted inthediagram.
Proprietary and Confidential City of Carmel / ESC Partners
APPLICATIONMANAGEMENTSERVICESMODEL
Proprietary and Confidential City of Carmel / ESC Partners
APPLICATION MANAGEMENT SERVICE ACTIVITIES
Application Management Services program iscomprised ofthe following activities:
Activity Description
Transition Timespent inknowledge transition designed to inform the
During Testing) support teamof system architecture anddetails toenhance
ourability tosupport operations efficiently. se Event Application initiated trouble ticket indicating abreak incivexpectedoperationalperformance. re Incident Userinitiated trouble ticket indicating abreak inexpectedS
operational performance. deg Problem Deeper investigation andrepair ofissues with the goal ofaneliminatingrepeatbreaksinproductionoperations. a
M Access / Security Executing requests forpassword reset, newemployee
n Carmel Utilities Primary access, access changes, etc. oi Responsibility) tac Service request Estimations The provision of high-level estimations and minorilpenhancementstosystemfunctionality. pA Preventative Maintenance Routine scheduled activities designed toproactively prevent
breaks intheproduction operation.
Vendor Management Escalation, monitoring, and reporting ofhardware/software
vendor-based issues.
IT Governance / Reporting Oversight oftheApplication Managed Services operation
keeping activities aligned with defined business objectives.
1. TRANSITION FROM IMPLEMENTATION (RISKMITIGATION)
Transition forApplication Management Services (AMS) willoccurthroughout the implementation
services phase. Members ofourAMS team willbeassigned asBusiness Analysts, Testing,
Documentation and Quality Assurance resources. These resources willbring critical knowledge to
theApplication Management Services team; and experience required toensure consistent quality
service. The project teams willapply processes, checklists, and controls to ensure deliverables
areproduced that willbe necessary for thesupport teams. These deliverables typically include
thefollowing:
Entity Relationship Model
Business Process Decomposition
Business Process Descriptions
Data FlowModels
System Specifications
Program Documentation
Database Documentation
Knowledge Management Portal.
Proprietary and Confidential City of Carmel / ESC Partners
The ESC team has extensive expertise and experience in managing and executing Transition
Projects forApplication Management Services contracts. This experience willbeapplied toensure
support commitments areachieved assoon asthesolution goesintoproduction.
2. EVENT, INCIDENT, ANDPROBLEMMANAGEMENT (BREAK/FIX)
ESC will conduct all break/fix activity within thescope of services. Break/fix activities can include,
butnotbelimited tothefollowing:
Triage ofareported eventorincident
Validation oftheevent/incident severityandpriority
Assignment toanappropriately skilledresource
Resolution orreassignment oftheevent/incident
Root cause analysis
Submission ofalong-term problem correctionrequest
Status updates ofopenevents/incidents
3. ACCESS ANDSECURITY
Access/Security activities bynature areunplanned events. Access / Security activities will be
activities include executing
requests for password reset, new employee access, access changes, etc.
4. APPLICATIONSERVICEREQUESTESTIMATIONS/PROJECTS
ESC willprovide minor, incremental application implementation and integration projects ona
service request basis from Carmel Utilities. Service requests willbeaccepted andevaluated for
generation ofspecific statements ofwork (SOW) that willdescribe thescope, approach, schedule,
and pricing associated with therequest. Customer and ESC willagree onamutually acceptable
delivery dateforthe requested SOW(s) during therequirements gathering activities necessary to
generate theSOW response. Estimation and execution ofservice requests willbeprioritized as
secondary efforts toproduction support tickets.
5. PREVENTIVEMAINTENANCE (PM)
Preventive Maintenance activity, with theunderstanding andagreement ofCarmel Utilities, willbe
performed offsite. APreventative Maintenance Checklist detailing allPMactivities completed will
beprovided toCarmel Utilities onamonthly basis. IfallPMactivities cannot becompleted within
theallotted month, areview with theCarmel Utilities team willbeconducted and aplan for
remediation willbe made.
These PMactivities typically include:
Minor config change
Report changes
Additional user profile setup
Other mutually agreed activities
Proprietary and Confidential City of Carmel / ESC Partners
6. VENDORMANAGEMENT
Vendormanagement activitiesincludeescalation, monitoring, andreporting ofhardware/ software
vendor-based issues. ESC will beresponsible forcoordinating and managing hosting, operating
system, andsoftware vendor forany/allissues with Oracle.
7. IT Governance and Reporting
ofthis
agreement. The G/Ractivities willbeperformed bythedesignated Application Managed Services
Delivery Manager. The G/R activities may include, butnotbelimited to thefollowing:
Management ofthesupport team including staffing andpersonnel management
Identification ofrisks andissues
Management reporting
IT budgeting andfinancial review
Issue review and performance evaluation
Next monthplanning
Proprietary and Confidential City of Carmel / ESC Partners
APPLICATION SERVICES SUPPORT STRUCTURE
Application support services willbeprovided byastrong, onshore/offshore model 24/7support teamwith
access to Level 3product support fromOracle product support, as required. Thediagram below
describes Application Services Support inrelation to theoverall governance structure fortheESC team
and theOracle CCS solution.
With Oracle CCS subscription, Carmel Utilities isenabled with Oracle Premier Support forthe Oracle
CCS application.
Key features ofOracle Premier Support include:
New product feature and updates, fixes, security alerts, and critical patch updates
24-hour commitment andresponse guidelines forSeverity 1service requests.
Proprietary and Confidential City of Carmel / ESC Partners
ESC utilizes thefollowing definitions within thisSLA section:
Our team willachieve therequirement defined intheRFP forresponding tomaintenance requests as
follows:
ESC TERM DEFINITION
System generated alert totheESC support team from agents monitoringEventequipmentand/orapplications withintheproduction environment.
Classification assigned toaService Request. Used to determine responseSeveritytimeandprioritybyESCwhenaservicerequestisissued.
Anevent orservice request within theproduction environment(s) thatDefectSeverityLevel1prevents, orotherwise severely toconductHIGH) business, requiring thequickest response time andresolution.
Anevent orservice request within theproduction environment(s) thatDefectSeverityLevel2conductbusinessbuthasaworkaroundand3 (MEDIUM) does notrequire immediate resolution.
Arequest forservice that does notrequire immediate resolution. May beaDefectSeverityLevel4
long-term enhancement requestorplaceholder for laterreview. LOW)
Defined standard foraspecific SLAmeasurement. Target
Percentage oftime thetarget ismet inidealcircumstances. Goal
Percentage oftime thetarget ismet over thecourse oftheagreement tobeSuccessconsideredsuccessful.
Arequest forsupport issued bythe client Helpdesk SupportServiceRequestUtility (TicketingSystem).
Proprietary and Confidential City of Carmel / ESC Partners
Carmel Utilities Service Carmel Utilities ESC ESC ESC
Level Description Service Level Measurement and
Goal SuccessCalculationTarget
Target
Response
Time)
Defect Severity Level 1: Request 15 minutes from Average 95%
Requires immediate Response Time: receipt of alert, resolution in
attention Critical during business twenty-four30minutes.
production functionality is hours (8am-5pm (24) hours
Requestnotavailable, ormany PT, weekdays, and
Resolution Timeuserscannotaccessthe non-holidays) with
Target: < 2Application. Causes a subsequent
hours. major business impact updates at
where service islost or intervals ofno
Maximumdegraded, and no greater than 60
Permittedworkaroundisavailable, minutes from the
Requestthereforepreventing latest update, until
Resolutionoperationofthebusiness. Confirmation/Close
Time: < 48
hours Request
Resolution Time
Target: < 2hours.
Maximum Request
Resolution Time: <
48hours
Defect Severity Level 2: Request 30 minutes from Average 95%
Requires priority attention Response Time: receipt of alert, resolution in
Some important 1hr. during business three (3)
production functionality is hours (8am-5pm Business Days
Requestnotavailable, or asmall PT, weekdays, and
Resolution Timenumberofuserscannot non-holidays) with
Target: < 4accessthesystem. subsequent
hoursCausessignificant updates ateach
business impact where business day, by
Maximumserviceislostordegraded, 5pm, PT, until
Permittedandnoworkaroundis Confirmation/Close
Requestavailable, however the
Resolution Requestbusinesscancontinueto
Time: < 96 Resolution Timeoperateinalimited
hours Target: < 4hoursfashion.
Maximum
Permitted Request
Resolution Time: <
96hours
Proprietary and Confidential City of Carmel / ESC Partners
Defect Severity Level 3: Request 30 minutes from Average 95%
Requires attention There Response Time: receipt of alert, resolution in
isaproblem or 1hr. during business eight (8)
inconvenience. Causes a hours (8am-5pm business days
Requestbusinessimpactwhere PT, weekdays, and
Resolution Timethereisminimallossof non-holidays) with
Target: < 6serviceandaworkaround subsequent
hoursisavailablesuchthatthe updates ateach
system cancontinue to business day, by
Maximumoperatefully, andusers 5pm, PT, until
Permittedareabletocontinue Confirmation/Close
Requestbusinessoperations.
Resolution Request
Time: < 7days Resolution Time
Target: < 4hours
Maximum
Permitted Request
Resolution Time: <
96hours
Defect Severity Level 4: Request 60 minutes from Average 95%
There isaproblem or Response Time: time of receipt of resolution in
issue withnoloss of 1hr. alert, during fifteen (15)
service andnobusiness business hours business days
Requestimpact. (8am-5pm PT,
Resolution Time weekdays, and
Target: < 24 non-holidays) and
hours once each
subsequent week,
Maximum until
Permitted Confirmation/Close
Request
Resolution
Time: < 7days
ESC AMS team willadhere to holiday calendar which Carmel Utilities willberequired to
provide toESC team atthe beginning ofeach calendar year.
Reporting isanimportant aspect of theoverall service level management process. The ESC team will
gather data by automated and manual means (depending on thetools available forthispartnership) and
consolidate into meaningful reports
Our standard business practice isto develop SLAs jointly with thecustomer. This joint development is a
multi-
Service Level Requirements (SLRs), followed byastabilization period inwhich Service Level Objectives
aretargeted, and, finally, theSLAs areestablished. This practice ensures abalance for bothCarmel Utilities
and ESC whereby Carmel Utilities has anSLA tailored to theirspecific needs without having to over-
engineer thesolutions.
Management in moredetail.
Proprietary and Confidential City of Carmel / ESC Partners
THESLA DEFINITIONPROCESS
Ingeneral, SLA definition involves:
Understanding theneeds and objectives
Verifying thestability ofservice
Developing and obtaining agreement tothe SLA
The process willvary slightly inrelation tothematurity oftheservice level metrics and measurements at
thetime oftransition. Torapidly manage thequality ofservice delivered, wepropose toexecute the
following three-phase plan:
1. During the proposed Converge Phase (Implementation phase), ESC and Carmel Utilities will
identify all components, elements, and severity levels, priorities subject toSLAorKey
Measurements (KM). Methodologies, processes, and algorithms willalso bedefined. Temporary
upon.
2. The Measurement Phase willbegin once agreement fortheservice levels have been established
andwill proceed tocapture information formonthly reporting prior tothe endofthepost go-
live/hyper care period. The post go-liveperiod willlast4months. During thisphase ESC will
perform themeasurements agreed to andthese measurements willbe used todefine theService
Levels Objectives for Critical (SLA) andNon-Critical (KM) components, elements, groups, and
services. Itisexpected that these measurements willbeabove the mentioned SLOandequalor
above Industry Standards forasimilar environment.
3. Based upon theresults of theMeasurement Phase, Service Level Agreements willbe defined,
negotiated, and documented.
Our team proposes that thepost go-live support period beconsidered theMeasurement Phase forthe
purposes offinalizing service levels. We arefully committed toSLA-based contracts supported with
penalty and reward conditions.
APPLICATION SUPPORT WORKFLOW
Proprietary and Confidential City of Carmel / ESC Partners
The following chart shows thelevel ofsupport involved in theApplication Management Services and their
responsibilities:
Level of Support Responsible Group Description of Support Services
Initial problem resolution support provided from super usersCarmelUtilitiesSupertoendusersoftheOracleCCSapplication. Where CarmelLevel0User / Authorized Utilities super users cannot resolve theproblem, they willContactDesk.
Problem resolution support forend users, which mayCarmelincludecalltriageandprioritization, navigation, passwordUtilitiesServiceDeskLevel1Applicationorquicklywithouthavingtoperformrootcauseanalysis. MayHosting) notbeOracle CCS. questions orissues.
Break-fixresolution and rootcause analysis support to
address Oracle CCS application problems assigned to
ESC. Level 2problems could include incidents/events,
detailed how-toquestions, configuration support orminor
Level2 Application Support enhancements.
CCS)
Oracle Cloud break-fixresolution androot cause analysis
support. Support includes hardware, network, security,
access related issues.
Major enhancements that require anestimate consistingofAs- afullSDLC toimplement, requiring scoping, planning, andLevel3NeededSupportmanagementasstandaloneprojects (e.g., introduction ofaTeamnewmoduleorsub-module).
Break-fixresolution and root cause analysis support to
Product address Oracle CCS and/orapplication problems which
Support (Application) may require liaisingwith Oracle toresolve.
Level4 Break-fixresolution androot cause analysis support to
HardwareProduct address hardware, Network oroperating system related
Support (Hosting) problemswhich may require liaising with product vendor to
resolve.
Proprietary and Confidential City of Carmel / ESC Partners
LEVEL1 SERVICEDESKRESPONSIBILITIES
Service Desk roles and responsibilities areasfollows:
Log
Transfer theincident or inquiry tothe Application Support Services team. The incident or theinquiry
istransferred totheapplication monitoring andtracking toolviaanautomaticinterface.
Responsible forthe incident management process (from thecreation totheresolution of the
incident) forallincidents reported tothem.
ESC
Services will log, and dispatch reported incidents to Application Support or Infrastructure teams as required.
LEVEL2 APPLICATIONSUPPORTSERVICESRESPONSIBILITIES
Application Support Services andHosting Services roles andresponsibilities include, butarenotlimited to,
thefollowing:
Log updates to any reported incident orinquiry and itsrelated information in
after assignment tothe incident orinquiry.
Provide answers touser inquiries and attempt resolution onapplicationincidents where specific
knowledge-base orpersonal expertise exists.
Transfer theincident or inquiry to theLevel 3team (i.e., Oracle) whenever theycannot provide
prompt resolution to the incident or quick answer to the inquiry, asdefined intheOperational
Framework.
The Service Deskis responsible for theincident management process (from creation to resolution
oftheincident) forallreported incidents. Theywill track, report, and escalate asdefined inthe
Operational Framework.
Incident ownership always remains with theESCApplication Support team.
LEVEL3 APPLICATIONANDINFRASTRUCTURE SUPPORT; ORACLE
Roles and responsibilities ofLevel 3support inrelation toincidents include:
Provide SME support inincidentdiagnosis
Provide SME support inthe resolution oftheincident
Participate inescalations whenrequired
Participate inthepreparation oftheincidentreport.
The Incidents Management activity is largely reactive because theintention istorestore service to theend-
users with minimum disruption totheir work. Thus, thelifecycle ofanincident is usually rapid from itslogging
toclosure. Typically, incidents that cannot beresolved immediately bytheservice desk arealso assigned
business linespecialist group inpreparation for awork-around orresolution tobeprovided as
quickly aspossible while theLevel 2orLevel3support team continues theinvestigation and corrective
measures.
LEVEL4 ORACLECCSPRODUCTANDHOSTINGHARDWARESUPPORT
Roles and responsibilities ofLevel 4support inrelation toincidents include:
Provide SME support related toHardware and Software
Provide patch support
Provide hardware andsoftware bugfixes
Proprietary and Confidential City of Carmel / ESC Partners
ESCALATION PROCESS
Hour of Day / Type of Call Escalation Contact Information
During Business Hours (8:00am-
5:00pm PST)
Monday-Friday
Primary Contact for critical andnon-Support email <insert support email>
critical issues email support
distribution list Please createa
support ticket with allrequired
information
Critical Problems ifnoresponse in Second Escalation Chen Gao, AMSDelivery Lead
30minutes (CallProject Lead)
Email: chen@esc-partners.com
Critical Problems ifnoresponse Third Escalation David Greenberg, SVP Global Delivery
after three hours from initial call (SVP ofGlobal
Email: david@esc-partners.comDelivery)
ANTICIPATED SCHEDULE
The term ofthisApplication Managed Services Agreement shall commence on <insertdate>
Agreement shall beautomatically extended for successive one (1) year terms uptofour (4) years, unless
notice ofnonrenewal isgiven thirty (30) calendar days prior totheupcoming extension date.
PRICING
ESC proposes toundertake andcomplete thiseffort asutilizing afixed price peryear over thecourse of
twelve (12) months, starting effective date.
Year 1 $72,000 / Year
Year 2 72,000 / YearOptionYear)
Year 3 72,000 / YearOptionYear)
Year 4 72,000 / YearOptionYear)
Year 5 72,000 / YearOptionYear)
Proprietary and Confidential City of Carmel / ESC Partners
INVOICING SCHEDULE
Billing willoccur on theeffective dateof each term year.
TRAVEL AND EXPENSE
In anevent ofanytravel andexpense attached travel policies willbe applied.
TERMINATION
This agreement willfollow thesame termination procedure astheMaster Service Agreement between the
parties.
Fueling UtilityInnovation
www.esc-partners.com
CzKpoPcfsmboefsbu22;28bn-Bvh16-3132
ORACLE PUBLIC SECTOR CLOUD SERVICES AGREEMENT TERMS
THESE ORACLE CLOUD SERVICES AGREEMENT TERMS APPLY TO THE ORACLE CLOUD SERVICES THAT
YOU ORDER. THESE ORACLE CLOUD SERVICES AGREEMENT TERMS SHALL TAKE PRECEDENCE OVER ANY
CONFLICTING TERMS INAN ORDER OR ANY ORDERING DOCUMENTATION.
1. USE OFTHESERVICES
1.1 you pursuant
tothisAgreement andYour order. Except as otherwise stated inthisAgreement orYour order, you
have the non- exclusive, worldwide, limited right touse the Services during the period defined in
lbusiness operations. You may allow Your Users touse the Services
for this purpose, and Youare responsible for their compliance with this Agreement and Your order.
1.2 The Service Specifications describe and govern the Services. During the Services Period, Oracle may
update the Services and Service Specifications to reflect changes in, among other things, laws,
regulations, rules, technology, industry practices, patterns ofsystem use, and availability ofThird-
Party Content. Oracle updates tothe Services orService Specifications willnot materially reduce
the level ofperformance, functionality, security, oravailability ofthe Services during the Services
Period ofYour order.
1.3 You may not, and may not cause orpermit others to: (a) usethe Services toharass any person;
cause damage orinjury toany person orproperty; publish anymaterial that isfalse, defamatory,
harassing orobscene; violate privacy rights; promote bigotry, racism, hatred or harm; send
unsolicited bulk e-mail, junk mail, spam orchain letters; infringe property rights; orotherwise
violate applicable laws, ordinances orregulations; (b) perform ordisclose any benchmarking,
availability or performance testing ofthe Services; or (c) perform ordisclose network discovery,
port and service identification, vulnerability scanning, password cracking, remote access or
Oracle has inthis Agreement and Your order, Oracle has the right totake remedial action ifthe
Acceptable Use Policy isviolated, and such remedial action may include removing ordisabling
access tomaterial that violates the policy.
2. OWNERSHIP RIGHTS AND RESTRICTIONS
2.1 You orYour licensors retain all ownership and intellectual property rights inand toYour Content.
Oracle orits licensors retain allownership and intellectual property rights inand tothe Services,
derivative works thereof, and anything developed ordelivered byoron behalf ofusunder this
Agreement.
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
2.2 You may haveaccess toThird Party Content through use ofthe Services. Unless otherwise stated in
Your order, allownership and intellectual property rights inand toThird Party Content and the use
ofsuch content isgoverned byseparate third-party terms between You and the third party.
2.3 You grant usthe right tohost, use, process, display and transmit Your Content toprovide the
Services pursuant toand inaccordance with this Agreement and Your order. You have sole
responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your
Content, andfor obtaining all rights related toYour Content required by Oracle toperform the
Services.
2.4 You may not, and may not cause orpermit others to: (a) modify, make derivative works of,
disassemble, decompile, reverse engineer, reproduce, republish orcopy any part ofthe Services
including data structures orsimilar materials produced by programs); (b) access oruse the Services
tobuild orsupport, directly orindirectly, products orservices competitive toOracle; or (c) license,
sell, transfer, assign, distribute, outsource, permit timesharing orservice bureau useof,
commercially exploit, ormake available theServices toany third party except as permitted by this
Agreement orYourorder.
3. NONDISCLOSURE
3.1
Content residing inthe Services, and allinformation clearly identified asconfidential atthe time of
disclosure.
3.2
public domain through noact oromission ofthe other party; (b) was in
possession prior to the disclosure and hadnot been obtained by the other party either directly or
indirectly from the disclosing party; (c) islawfully disclosed totheother party by athird party
without restriction onthe disclosure; or (d) isindependently developed bythe other party.
3.3
Information toany third party other than asset forth inthe following sentence foraperiod offive
receiving party; however, Oracle will protect the confidentiality ofYour Content residing inthe
Services foraslong assuch information resides inthe Services. Each party may disclose Confidential
Information only tothose employees, agents orsubcontractors who are required to protect it
against unauthorized disclosure inamanner no less protective than required under this Agreement,
and each party may disc
toagovernmental entity asrequired bylaw. Oracle will protect the confidentiality ofYour Content
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
residing in the Services in accordance with the Oracle security practices defined aspart ofthe
Service Specifications applicable toYour order.
Theparties acknowledge and agree that You and this Agreement are subject toapplicable freedom
Confidential Information, youagree togive Oracle adequate prior notice of the request and before
toseek injunctive relief orother relief against such disclosure.
4. PROTECTION OFYOUR CONTENT
4.1 Inperforming theServices, Oracle will comply with theOracle privacy policy applicable tothe
Services ordered. Oracle privacy policies are available at
http://www.oracle.com/us/legal/privacy/overview/index.html.
4.2 Data Processing Agreement for Oracle Cloud Services ,
which isavailable athttp://www.oracle.com/dataprocessingagreement and incorporated herein by
reference, describes how Oracle will process Personal Data thaty
provision ofthe Services, unless stated otherwise inYour order. You agree toprovide any notices
and obtain any consents related toY
4.3 Oracle willprotect Your Content as described inthe Service Specifications, which define the
administrative, physical, technical, and other safeguards applied toYour Content residing inthe
Services and describe other aspects ofsystem management applicable tothe Services. Oracle and
its affiliates may perform certain aspects ofthe Services (e.g., administration, maintenance,
support, disaster recovery, data processing, etc.) from locations and/orthrough useof
subcontractors, worldwide.
4.4 You areresponsible for any security vulnerabilities, and the consequences ofsuch vulnerabilities,
arising from Your Content, including any viruses, Trojan horses, worms, or other harmful
programming routines contained in Your Content, orfrom Your use ofthe Services inamanner that
isinconsistent with the terms ofthis Agreement. You may disclose ortransfer, orinstruct us to
disclose ortransfer inwriting, Your Content toathird party, and upon such disclosure ortransfer
Oracle isnolonger responsible forthe security orconfidentiality ofsuch content and applications
outside ofOracle.
4.5 Unless otherwise specified inYour order (including in the Service Specifications), You may not
provide usaccess to health, payment card orsimilarly sensitive personal information that imposes
specific data security obligations onthe processing ofsuch data greater than those specified inthe
Service Specifications. Ifavailable, you may purchase services from us (e.g., Oracle Payment Card
Industry Compliance Services) designed to address particular data protection requirements
applicable to Your business orYour Content.
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
5. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
5.1 Each party represents that ithas validly entered into this Agreement and that ithas the power and
authority todoso. Oracle warrants that during theServices Period, Oracle will perform the Services
using commercially reasonable care and skill inall material respects asdescribed inthe Service
Specifications. Ifthe Services provided toYou were not performed aswarranted, youmust promptly
provide uswith awritten notice that describes the deficiency inthe Services (including, as
applicable, the service request number notifying usof the deficiency in the Services).
5.2 Oracle does notwarrant that the services willbe performed error-freeoruninterrupted, thatOracle
will correct all services errors, orthatthe services will meet your requirements orexpectations.
Oracle isnot responsible forany issues related totheperformance, operation orsecurity ofthe
services that arise from your content orthird-party content orservices provided bythird parties.
5.3 For any breach ofthe services warranty, Your exclusive remedy and O
the correction ofthe deficient services thatcaused the breach ofwarranty, or, ifOracle cannot
substantially correct the deficiency ina commercially reasonable manner, you may end the
deficient services and Oracle will refund toESC Partners, andesc partners will inturn refund toyou
the fees paid for the deficient services for the period of time during which the services were
deficient.
5.4 To the extent not prohibited bylaw, these warranties are exclusive and there are no other express
orimplied warranties orconditions including for software, hardware, systems, networks, or
environments orfor merchantability, satisfactory quality, and fitness for aparticular purpose.
6. LIMITATION OFLIABILITY
6.1 Inno event will either party oritsaffiliates norOracle beliable forany indirect, consequential,
incidental, special, punitive, orexemplary damages, orany loss ofrevenue orprofits, data, ordata
use, sales, goodwill, orreputation.
6.2 Innoevent shall the aggregate liability ofOracle andO
this agreement oryour order, whether incontract tort orotherwise, exceed the total amounts
actually paid toOracle for the services under the order giving rise tothe liability inthe twelve (12)
month period immediately preceding the event giving rise tosuch liability less any refunds orcredits
received under such order.
7. INDEMNIFICATION
7.1 Subject totheterms ofthis Section 7 (Indemnification), ifathird party makes aclaim against either
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
the Material), that any information, design, specification, instruction, software, service, data,
hardware, ormateri
may refer toYou or Oracle depending on which party provided theMaterial) and used bythe
costand expense, will tothe extent not prohibited by law, defend the Recipient against the claim
and indemnify the Recipient from thedamages, liabilities, costs and expenses awarded bythe court
tothethird party claiming infringement orthe settlement agreed tobythe Provider, if theRecipient
does thefollowing:
a. notifies the Provider promptly inwriting, notlater than 30 days after the Recipient receives
notice ofthe claim (orsooner ifrequired byapplicable law);
b. gives the Provider sole control of the defense and any settlement negotiations, tothe extent
not prohibited bylaw; and
c. gives theProvider theinformation, authority, and assistance theProvider needs todefend
against orsettle theclaim.
7.2 Ifthe Provider believes o
intellectual property rights, the Provider may choose toeither modify the Material tobenon-
infringing (while substantially preserving itsutility orfunctionality) or obtain alicense toallow for
continued use, orifthese alternatives are not commercially reasonable, the Provider may end the
license for, and require return of, the applicable Material and refund any unused, prepaid feesthe
Recipient may have paid tothe other party for such Material. Ifsuch return materially affects
prior written notice, terminate theorder. Ifsuch Material isthird party technology and theterms
ofthe third-party license donot allow Oracle to terminate the license, then Oracle may, upon 30
days prior written notice, end the Services associated with such Material and refund toESC
Partners, and ESC Partners will inturn refund toYou any unused, prepaid fees for such Services.
7.3 The Provider will not indemnify the Recipient ifthe Recipient (a) alters the Material oruses it
Specifications, or (b) uses aversion ofthe Material which has been superseded, if the infringement
claim could have been avoided by using an unaltered current version ofthe Material which was
made available totheRecipient. The Provider will not indemnify the Recipient totheextent that an
infringement claim isbased upon any Material not furnished by the Provider. Oracle will not
indemnify You tothe extent that aninfringement claim isbased on Third Party Content or any
Material from athird-party portal orother external source thatis accessible or made available to
You within orby theServices (e.g., asocial media post from a third-party blog orforum, athird-
party Web page accessed viaahyperlink, marketing data from third party data providers, etc.).
7.4 This Section 7provi
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
8. TERM AND TERMINATION
8.1 Services provided under this Agreement shall beprovided for theServices Period defined inYour
order. IfYou order Cloud Services that are designated inthe Service Specifications orYour order as
Services that will beautomatically extended, such Services will not automatically beextended for
anadditional Services Period ofthe same duration. Inorder toextend theServices, You must
provide ESC Partners with written notice no later than thirty (30) days prior tothe end ofthe
applicable Services Period ofYour intent torenew such Cloud Services and You execute acontract
modification (oranew contract) evidencing such extension. The preceding sentence shall not apply
ifESC Partners provides You with written notice nolater than ninety (90) days prior tothe end of
the applicable Services Period ofits intention not torenew or extend such Cloud Services.
8.2 use of, the Services ifOracle believes that (a)
there isasignificant threat tothe functionality, security, integrity, oravailability oftheServices or
any content, data, orapplications inthe Services; (b) You orYour Users are accessing orusing the
Services tocommit anillegal act; or (c) there isa violation ofthe Acceptable Use Policy. When
reasonably practicable and lawfully permitted, Oracle will provide You with advance notice ofany
such suspension. Oracle will use reasonable efforts tore- establish the Services promptly after
Oracle determines that the issue causing the suspension hasbeen resolved. During any suspension
period, Oracle will make Your Content (asitexisted onthe suspension date) available toYou. Any
suspension under this paragraph shall not excuse You from Your obligation tomake payments
under this Agreement.
8.3 Ifeither ofus breaches amaterial term ofthis Agreement orthe order and fails to correct the breach
within 30days ofwritten specification ofthe breach, thenthebreaching party isin default andthe
non-breaching party may terminate the order under which the breach occurred. If ESC Partners
terminates theorder asspecified in thepreceding sentence, You must pay within 30 days all
amounts that have accrued prior tosuch termination, aswell asallsums remaining unpaid for the
Services under such order plus related taxes and expenses. Except fornonpayment of fees, the
nonbreaching party may agree initssole discretion to extend the 30-dayperiod for so long asthe
breaching party continues reasonable efforts tocure the breach. You agree that ifYou are in default
under this Agreement, Youmay not use those Services ordered.
8.4 You may terminate this Agreement atany time without cause bygiving us30 days prior written
notice ofsuch termination. Termination ofthe Agreement will not affect orders that are
outstanding at thetime oftermination. Those orders will beperformed according totheir terms as
ifthis Agreement were stillinfull force and effect. However, those orders may not berenewed or
extended subsequent totermination ofthis Agreement.
8.5 Fora period ofnoless than 60 days after the end ofthe Services Period ofanorder, Oracle will
make Your Content (asitexisted atthe end ofthe Services Period) available for retrieval by You. At
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
the end ofsuch 60-dayperiod, and except asmay berequired bylaw, Oracle will delete or otherwise
render inaccessible any ofYour Content that remains in theServices.
8.6 Provisions that survive termination orexpiration ofthis Agreement are those relating to limitation
ofliability, indemnification, payment, and others which bytheir nature are intended tosurvive.
9. THIRD-PARTY CONTENT, SERVICES AND WEB SITES
9.1
websites, platforms, content, products, services, and information. Oracle does notcontrol and are
information.
9.2 Any Third-Party -
without any warranty ofanykind. You acknowledge andagree that Oracle is not responsible for,
and have noobligation tocontrol, monitor, orcorrect, Third Party Content. Oracle disclaims all
liabilities arising from orrelated toThird Party Content.
9.3 You acknowledge that: (i) the nature, type, quality, andavailability of Third-Party Content may
change at anytime during the Services Period, and (ii) features ofthe Services that interoperate
depe
interfaces (APIs). Oracle may need toupdate, change, ormodify the Services under this Agreement
as aresult ofachange in, orunavailability of, such Third-PartyContent, Third Party Services orAPIs.
Ifany third-party ceases tomake itsThird-Party Content orAPIs available onreasonable terms for
theServices, asdetermined byOracle inits solediscretion, Oracle may cease providing access to
the affected Third-PartyContent or Third Party Services without anyliability to You. Anychanges to
Third Party Content, Third Party Services orAPIs, including their unavailability, during theServices
Period does not affect Your obligations under thisAgreement orthe applicable order, andYou will
notbeentitled toany refund, credit, orother compensation due toany such changes.
10. SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE
10.1
resolve Your service requests; to detect and address threats tothe functionality, security, integrity,
andavailability of the Services as well asany content, data, orapplications inthe Services; and to
detect and address illegal acts orviolations ofthe Acceptable Use Policy. Oracle monitoring tools
do not collect orstore any ofYour Content residing in the Services, except asneeded for such
purposes. Oracle does not monitor, anddoes not address issues with, non-Oracle software provided
by You orany ofYour Users that isstored in, orrun on orthrough, the Services. Information
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
collected by Oracle monitoring tools (excluding Your Content) may also be used toassist in
and service offerings, and forlicense management purposes.
10.2 Oracle may (i) compile statistical and other information related tothe performance, operation
and use ofthe Services, and (ii) use data from the Services inaggregated form for security and
operations management, tocreate statistical analyses, and for research and development purposes
clauses iand iiare collectively referred
publicly available; however, Service Analyses will not incorporate Your Content or Confidential
Information inaform that could serve toidentify You orany individual, and Service Analyses donot
constitute Personal Data. Oracle retains allintellectual property rights inService Analyses.
10.3 Oracle may provide You with online access todownload certain Oracle Software for use with the
Services. IfOracle licenses Oracle Software toYou and donot specify separate terms for such
software, then such Oracle Software isprovided aspart ofthe Services and You have the non-
exclusive, worldwide, limited right touse such Oracle Software, subject tothe terms ofthis
Agreement and Your order, solely to facilitate Your use of theServices. You may allow Your Users
touse the Oracle Software for thispurpose, andYou are responsible for their compliance with the
ice
by web posting orotherwise) ortheend ofthe Services associated with the Oracle Software. If
Oracle Software islicensed toYou under separate third-partyterms, then Your use ofsuch software
isgoverned bythe separate third-party terms.
11. EXPORT
11.1 Export laws and regulations ofthe United States and any other relevant local export laws and
regulations apply totheServices. Such export laws govern use ofthe Services (including technical
data) and any Services deliverables provided under thisAgreement, andYou and Oracle each agree
resulting from Services (ordirect product thereof) will beexported, directly orindirectly, inviolation
ofthese laws, orwill beused for any purpose prohibited bythese laws including, without limitation,
nuclear, chemical, orbiological weapons proliferation, ordevelopment ofmissile technology.
11.2 You acknowledge that the Services are designed with capabilities for You and Your Users toaccess
theServices without regard togeographic location and totransfer orotherwise move Your Content
between the Services and other locations suchasUser workstations. You aresolely responsible for
the authorization and management ofUser accounts across geographic locations, aswell as export
control and geographic transfer ofYour Content.
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
12. FORCE MAJEURE
12.1 Neither ofus, nor Oracle, shall beresponsible for failure ordelay ofperformance ifcaused byan
act ofwar, hostility, orsabotage; act of God; pandemic; electrical, internet, ortelecommunication
outage that isnot caused bythe obligated party; government restrictions (including the denialor
cancelation ofanyexport, import orother license); orother event outside the reasonable control
ofthe obligated party. We both will use reasonable efforts to mitigate the effect ofaforce
majeure event. Ifsuch event continues for more than 30days, either ofusmay cancel
unperformed Services and affected orders upon written notice. This Section does notexcuse
procedures orYour obligation topay for the Services.
13. NOTICE
13.1 Any notice required under this Agreement shall beprovided tothe other party, andOracle, in
writing. IfYou have alegal dispute with Oracle orifYou wish to provide anotice under the
Indemnification Section ofthis Agreement, orifYou become subject toinsolvency orother similar
legal proceedings, You will promptly send written notice to: Oracle America, Inc., 500 Oracle
Parkway Redwood Shores, CA 94065, Attention: General Counsel, Legal Department.
13.2 Oracle may give notices applicable to
notice onthe Oracle portal for the Cloud Services, andnotices specific toYou byelectronic mail to
Your e-t
byfirstclass mail orpre-
14. ASSIGNMENT
14.1 You may notassign this Agreement orgive ortransfer the Services, orany interest inthe Services,
toanother individual orentity.
15. OTHER
15.1 Oracle isanindependent contractor, and we agree that nopartnership, joint venture, oragency
relationship exists between Oracle, ESC Partners, and You. We are each responsible for paying our
own employees, including employment related taxes and insurance. Y
business partners and other third parties, including any third parties with which Oracle has an
integration agreement orthat are retained by You toprovide consulting orimplementation services
orapplications that interact wit
agents. Oracle isnot liable for, bound by, orresponsible for anyproblems with the Services, Your
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
Content orYour Applications arising due toany acts ofany such business partner orthird party,
unless the business partner orthird party isproviding Services asanOracle subcontractor onan
engagement ordered under this Agreement and, ifso, then only tothe same extent asOracle would
beresponsible for Oracle resources under thisAgreement. This Agreement isentered exclusively
between You and ESC Partners While Oracle has no contractual relationship with You, Oracle isa
third-party beneficiary ofthis Agreement.
15.2 Ifany term of thisAgreement isfound tobeinvalid orunenforceable, the remaining provisions
will remain effective and such term shall be replaced with another term consistent with the purpose
and intent of thisAgreement.
15.3 action, regardless
ofform, arising out ofor relating tothis Agreement may be brought byeither party more than two
years after the cause ofaction hasaccrued.
15.4 Prior toentering into anorder governed by this Agreement, You are solely responsible for
determining whether theServices meet Your technical, business orregulatory requirements. Oracle
will cooperate with Your efforts todetermine whether use ofthe standard Services is consistent
with those requirements. Additional fees may apply toany additional work performed byOracle or
changes tothe Services. You remain solely responsible for Your regulatory compliance inconnection
with Your use ofthe Services.
15.5 Upon forty-five (45) days written notice and nomore than once every twelve (12) months, Oracle
may audit Your compliance with the terms of thisAgreement and Your order. You agree to
such audit shall not unreasonably interfere with Your normal business operations.
16. ENTIRE AGREEMENT
16.1 You agree that thisAgreement and the information which isincorporated into this Agreement by
written reference (including reference toinformation contained inaURL or referenced policy),
together with the applicable order, isthe complete agreement for the Services ordered byYou and
supersedes allprior orcontemporaneous agreements orrepresentations, written ororal, regarding
such Services.
16.2 Itisexpressly agreed that the terms ofthisAgreement and any Oracle order shall supersede the
terms inany purchase order, procurement internet portal, orother similar non-Oracle document
andno terms included inany such purchase order, portal, orother non-Oracle document shall apply
tothe Services ordered. Inthe event ofany inconsistencies between the terms ofan order and the
Agreement, the order shall take precedence; however, unless expressly stated otherwise in an
order, the terms of the Data Processing Agreement shall take precedence over any inconsistent
terms inanorder. This Agreement and orders hereunder may notbemodified, and the rights and
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
restrictions may not be altered orwaived except inawriting signed oraccepted online by
authorized representatives ofYou and ofOracle; however, Oracle may update the Service
Section 15.1, nothird-party beneficiary relationships are created bythis Agreement.
17. AGREEMENT DEFINITIONS
17.1. Oracle Software ent, application, ortoolthat Oracle makes available
toYou for download specifically forpurposes of facilitating Your access to, operation of, and/or
use with, the Services.
17.2. Program Documentation for the
Services and any Oracle Software. You may access thedocumentation online at
http://oracle.com/contracts orsuch other address specified by Oracle.
17.3. Service Specifications s, asapplicable tothe Services under
Your order: (a) the Cloud Hosting and Delivery Policies, the Program Documentation, the
Oracle service descriptions, and theData Processing Agreement, available at
www.oracle.com/contracts;
http://www.oracle.com/us/legal/privacy/overview/index.html; and (c) any other Oracle
documents that are referenced inor incorporated into Your order. The following donot apply
toanynon-Cloud Oracle service offerings acquired inYour order, such asprofessional services:
The Cloud Hosting and Delivery Policies, Program Documentation, and theData Processing
Agreement. The following donotapply toany Oracle Software that isprovided byOracle as
part of the Services and governed by the terms ofthis Agreement: The Cloud Hosting and
Delivery Policies, Oracle service descriptions, and the Data Processing Agreement.
17.4. Third Party Content
other content and material, inany format, that are obtained orderived from third party
sources outside ofOracle thatYou may access through, within, orinconjunction with Your use
of, the Services. Examples ofThird-Party Content include data feeds from social network
services, RSS feeds from blog posts, Oracle data marketplaces and libraries, dictionaries, and
marketing data.
17.5. Users s, contractors, and end users, asapplicable, authorized byYou
oronYour behalf touse the Services inaccordance with this Agreement and Your order. For
Services that are specifically designed toallow Your clients, agents, customers, suppliers or
other third parties toaccess the Cloud Services tointeract with You, such third parties will be
17.6. Your Content inthe
Data Processing Agreement for Oracle Cloud Services described inthis Agreement), text,
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
images, audio, video, photographs, non-Oracle orthird-party applications, and other content
and material, inany format, provided byYou orany ofYour Users that isstored in, orrun on
orthrough, the Services. Services under this Agreement, Oracle Software, other Oracle
products and services, and Oracle intellectual property, and allderivative works thereof, do
Content.
SIGNATURES ON NEXT PAGE}
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA Enterprise Solutions Consulting, LLC
Byandthrough itsBoard ofPublic Works andSafety
BY: BBY:
James Brainard, Presiding Officer RJKumar, President/CEO
07/06/2021Date: Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
1130 Crosspointe Lane, Suite 9A
Webster, NY45580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
CzKpoPcfsmboefsbu22;2:bn-Bvh16-3132
MASTER CONSULTING SERVICES AGREEMENT
isentered into this , 2021
1130
Crosspointe Lane, Suite 9A, Webster, New York 14580, and City ofCarmel byand through itsBoard ofPublic
Works and Safety IndianaMunicipalC, 30West Main Street, Suite 220, Carmel, Indiana
46032.
1. SERVICES
1.1 Scope of Work. Supplier will provide theservices described inone ormore Statements ofWork
into, and will begoverned by the provisions of, this Agreement. Supplier will perform only work that is
documented inaSOW. Supplier may authorize a parent, subsidiary, oraffiliate ofSupplier toenter into aSOW
l
schedule, the charges and such additional information asthe parties agree upon. In the event of inconsistency
between this Agreement and aSOW, the SOW will govern astothe inconsistent matter(s).
1.2 Change Orders. Ifeither party desires amodification totheServices, Work Product orschedule set
forth inaSOW, orthe addition of out-of-scope work toaSOW, such party will submit itsrequested modifications
inwriting totheother party. The recipient ofrequested modifications may accept orreject the requested
modifications, orpresent acounterproposal, initssole discretion. Rejection ofchange order does not relieve
either party ofcommitments toservices, deliverables orschedule asdocumented inthe SOW. Supplier may bill
Customer, ona time and materials basis, for the work involved in analyzing the impact ofanymodification
proposed by Customer. Changes to aSOW will beeffective only when an authorized representative ofeach party
executes awritten amendment tothe SOW that sets forth the changes tothe Services and/orWork Product and
Change Order work
until aChange Order iseffective.
1.3 MethodofPerformance. Supplier will determine the method, details, andmeans ofperforming the
Services andproviding the Work Product, observe
personnel. Designation ofaSupplier orCustomer individual inaSOW does notpreclude Supplier orCustomer
termination orre-assignment ofthe individual, that Supplier orCustomer replaces the individual with a
person with appropriate skills.
2. CUSTOMER RESPONSIBILITIES
2.1 Access andCooperation. Customer will provide the office accommodations, facilities, equipment,
suitably configured computers (hardware and software) andpersonnel described inthe SOW orotherwise
Services and/orprovide any Work Product inati
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
atimely manner the resources required ofit inthe SOW, making available the assistance and cooperation of
Customer'sofficers, agents, and employees and providing complete and accurate Customer information and
time equal tothe impact ofthe delay onthe schedule.
2.3 Health andSafetyHazards. Customer willprovide Supplier with written notice ofanyknown health
2.4 Work Rules and Conduct. Customer will provide Supplier with written copies ofany applicable
policies and procedures, including without limitation those that govern safety and security, use ofequipment,
sexual harassment and non-discrimination, alcohol and drug use, and integrity so that any personnel supplied by
Supplier andCustomer agree that should itbedetermined that the Alleged Violation isaresult ofthe action
orinaction ofCustomer, Customer shall indemnify and hold harmless Supplier from any liability incurred asa
result ofsaid violation. Supplier and Customer further agree thatshould itbedetermined that the Alleged
Violation is aresult ofthe action orinaction ofSupplier, Supplier shall indemnify and hold harmless Customer
from any liability incurred asaresult ofsaid violation.
2.5 Personnel Changes
a. Personnel Schedule Changes. Customer may, inwriting, request changes to the schedules
ofSupplier Personnel, Supplier will charge Customer for Services that were tobeperformed bythe
affected Supplier Personnel ifCustomer does not provide such request atleast five (5) business days prior to the
schedule change.
b. Open-ended Assignments. Customer may, inwriting, request the end ofanassignment of
Supplier Personnel toopen-ended projects, Supplier will charge Customer for up to15 days of
Services that were tobeperformed bythe affected Supplier Personnel ifCustomer does not provide such request
atleast thirty (30) days prior totheend ofthe assignment.
c. Extensions ofAssignments. Supplier considers itspersonnel for new deployments thirty
30) days prior tothe expiration ofanassignment. IfCustomer desires toextend the assignment ofany Supplier
Personnel toaCustomer project, Customer must notify Supplier atleast thirty (30) days before the scheduled
expiration toassure continued availability. Supplier will use commercially reasonable efforts toaccommodate
extension requests received less than thirty (30) days inadvance.
3. TERM AND TERMINATION
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
3.1 Term. The term ofthis Agreement commences onthe Effective Date and continues until the date
this Agreement isterminated asprovided below. Termination of aSOW will not terminate the entire Agreement
unless sostated inthe termination notice.
3.2 Termination Without Cause. Either party may terminate this Agreement upon
advance written notice. Furthermore, unless otherwise stated inthe applicable SOW, either party may terminate
performance has been completed anddeliver any work inprogress. Supplier will bepaid for all work performed
and expenses incurred through the date oftermination, including charges for materials ordered bySupplier that
cannot bereturned for afull refund. If Customer terminates aSOW orthe Agreement without cause while any
SOW remains uncompleted, Customer will pay any cancellation fee applicable tothe affected SOW as set forth
insuch SOW.
3.3 Termination forCause. Either party may, without prejudice tothe otherrights orremedies available
toit, immediately terminate thisAgreement ifthe other party:
a. fails toperform itsobligations under this Agreement, orany SOW and such failure continues
for aperiod ofthirty (30) days after written notice;
b. ceases tocarry onitsbusiness substantially assuch business wasconducted onthe date of
thisAgreement;
c. institutes orsuffers the institution against itofbankruptcy, reorganization, liquidation,
receivership, insolvency orsimilar proceedings; or
d. becomes generally unable topay itsdebts asthey become due.
Additionally, Supplier may suspend work orterminate this Agreement orany SOW ifCustomer fails topay
reasonably undisputed amounts toSupplier within fifteen (15) days ofSupplie
undisputed amounts.
4. RELATIONSHIP OFTHE PARTIES
Supplier isanindependent contractor and nothing inthis Agreement will beconstrued tomake either
Supplier or Customer partners, joint ventures, principals, agents oremployees ofthe other. No officer, director,
Agreement will bedeemed tobeanemployee, agent orcontractor ofCustomer. Neither party will have any
right, power or authority, express or implied, tobind ormake representations onbehalf ofthe other.
5. COMPENSATION
Charges for allServices, Work Product andexpenses are set forth ineach SOW.
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
5.1 Time and Materials. Customer will make payments atthe hourly rates set forth inthe applicable
SOW, based onaminimum per day charge ofeight (8) hours, exclusive ofsales, use and similar taxes. Customer
acknowledges and agrees that travel time toand
Customer sixty (60) days prior written notice of anychange in hourly rates or prices. Supplier may impose a
higher rate for Services exceeding forty (40) hours per week orona weekend orholiday. Supplier does not
guarantee estimates in any way or toany extent.
5.2 Invoice andPayment. Supplier will invoice charges for third-party materials purchased pursuant to
aSOW upon delivery ofsuch materials toCustomer. Supplier will invoice charges for Services orWork Product
provided onatime and materials basis ona bi-weekly basis. Supplier will invoice charges for Services orWork
Product provided on afixed price basis inaccordance with the agreed payment schedule set forth inthe
Customer, willbe dueand payable within fouty five(45) days from the date ofinvoice. Customer must raise any
concern ordispute inwriting within five (5) days from the date ofthe invoice orthe invoice willbe presumed
Supplier. IfCustomer defaults in payment ofany sum due Supplier, Supplier may suspend further performance
under any orallSOWs.
5.3 Taxes and Expenses. Charges donot include, and Customer will reimburse Supplier for alltaxes,
including, butnot limited to, sales, use, gross receipts, and advalorem taxes, duties orsimilar charges imposed
onthe Services or Work Product (exclusive oftaxes based onthe property ornet income ofSupplier). Unless
expressly set forth inaSOW asincluded inafixed price, Customer willreimburse Supplier for reasonable out-of-
pocket expenses such aslong-distance telephone charges, postage, shipping, and reasonable travel and living
expenses. Allprices andrates exclude costs incurred for additional requirements orexpectations ofthe
Customer not anticipated bythe parties atthe execution ofthis Agreement ora SOW; Supplier will invoice all
such expenses and special charges onabi-weekly basis.
5.4 Interest; Collection Costs. Interest willaccrue on amounts past due atthe lower ofone percent
1%) per annum orthe maximum permitted byapplicable law. In any proceeding brought bySupplier to collect
6. CONFIDENTIALITY AND OWNERSHIP
6.1 Confidentiality. As used -public technical
ible medium, the Disclosing Party has marked
Party indicates asconfidential orproprietary atthe time ofdisclosure and subsequently, within twenty (20) days
after the date ofsuch oral disclosure, confirms asconfidential orproprietary ina writing sent tothe Receiving
Party that describes the information that istobe kept confidential. Each party will maintain all Confidential
Information itreceives from the other inconfidence using commercially reasonable standards andnoless care
than it uses with its own information and willuse and disclose such information only ascontemplated bythis
Agreement orasauthorized bytheDisclosing Party. Each party will require itspersonnel todo likewise. These
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
obligations donot apply to information that: (a) isgenerally available tothe public other than byabreach ofthis
Agreement; (b) isrightfully received from athird party lawfully inpossession of theinformation andnot subject
toaconfidentiality ornonuse obligation; (c) isindependently developed bythe Receiving Partyor its personnel,
the persons developing the information have not had access tothe information ofthe Disclosing Party;
or (d) was already known tothe Receiving Party prior toitsreceipt from the Disclosing Party. Inaddition, the
Receiving Party will beallowed todisclose Confidential Information ofthe Disclosing Party tothe extent that such
disclosure is: (x) approved inwriting bythe Disclosing Party; (y) necessary for the Receiving Party toenforce its
rights under this Agreement inconnection with alegal proceeding; or (z) required bylaw orby theorder ofa
court ofsimilar judicial oradministrative body, theReceiving Party notifies theDisclosing Party of
such required disclosure promptly andinwriting and cooperates with the Disclosing Party, atthe Disclosing
disclosure. Inaddition, Supplier shall not berequired tokeep confidential any ideas, concepts, know-how or
techniques developed during the course ofthis Agreement bySupplier personnel orjointly bySupplier and
Customer personnel.
6.2 Return of Confidential Material.
request, the Receiving Party will promptly return any Confidential Information ofthe other party ordestroy such
attherequest ofthe Disclosing Party.
6.3 Ownership. Unless Supplier andCustomer agree otherwise inwriting, the Work Products
developed for Customer bySupplier pursuant tothis Agreement and any SOW will belong toSupplier. This
provision does not apply tothird party works orproducts Supplier provides toCustomer ortoSupplier Materials
asdefined below). Customer acknowledges that Supplier isinthebusiness ofproviding information technology
consulting services and has accumulated expertise in this field and agrees that Supplier will retain allright, title
ries, concepts and ideas,
whether ornot registrable under patent, copyright orsimilar statutes, including, without limitation, patents,
copyright, trademarks, trade secrets, processes, methods, formulae, techniques, tools, solutions, programs, data
and documentation, and related modifications, improvements and know-how, that Supplier, alone, orjointly
with others, itsagents or employees, conceives, makes, develops, acquires orobtains knowledge of atany time
before, after orduring theterm ofthisAgreement without breach ofSupplier 'sduty ofconfidentiality to
Customer. IfSupplier Materials are included with orembodied inany Work Product, Customer will have a
perpetual, irrevocable, nonexclusive, worldwide, royalty-free license touse, execute, reproduce, display,
U.S.C. §101, based upon, the Supplier Materials ineach case solely inconjunction with the Work Product
delivered hereunder. Any interest inthe Services andWork Products granted hereunder bySupplier toCustomer
shall beeffective upon andtothe extent ofpayment byCustomer ofthe fees and expenses invoiced bySupplier
pursuant tothis Agreement.
6.4 Residual Rights. Notwithstanding anything tothecontrary inthis Agreement, Supplier and its
personnel are free touse and employ their general skills, know-how, andexpertise, and touse, disclose, and
employ any generalized ideas, concepts, know-how, methods, techniques, orskills gained orlearned during the
course of thisAgreement solong asthey acquire andapply such information without any unauthorized use or
disclosure ofconfidential orproprietary information ofCustomer.
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
7. LIMITATIONS OF LIABILITY
7.1 Limitations ofLiability. NEITHER PARTY WILL BELIABLE TOTHE OTHER PARTY FOR ANY LOST DATA,
LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OROTHER INDIRECT DAMAGES OF ANY
KIND FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES BASED UPON NEGLIGENCE,
BREACH OFWARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY EVEN IFAPARTY HAS BEEN ADVISED OFTHE
regardless ofthe form ofaction, willnot exceed thetotal amount actually paid for Services and Work Product
under theSOW giving rise tothe damages. Notwithstanding theabove, theliability of Customer may beincreased
toinclude Supplier'scosts ofcollection ofServices fees, including without limitation reasonable attorney'sfees
and court costs. The parties agree that amounts stated herein are fair under the circumstances and that the
prices reflect thislimitation ofliability.
8. NONSOLICITATION
During the term ofthis Agreement and for aperiod ofone (1) year after itstermination, neither party
inthe provision orreceipt ofServices under thisAgreement or (b) hire orengage any person orentity who is or
wasemployed orengaged bythe other party and whowas involved in the provision orreceipt ofServices under
based
internet site. IfCustomer hires or engages, directly orindirectly, any personnel ofSupplier inviolation of (b)
per month) for such personnel.
9. NONDISCRIMINATION
Vendor represents and warrants that itandall ofitsofficers, employees, agents, contractors and
subcontractors shall comply with all laws ofthe United States, the State ofIndiana and City prohibiting
discrimination against any employee, applicant for employment or other person inthe provision of any Goods
and Services provided bythis Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related totheir employment orsubcontracting, because ofrace, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status.
10. E-VERIFY
Pursuant to I.C. § 22-5-1.7etseq., asthesame may be amended from time totime, and as is
work eligibility status ofitsnewly-hired employees using the E-Verify program, and toexecute the Affidavit
attached herein asExhibit A, affirming that itisenrolled and participating inthe E-verify program and does not
knowingly employ unauthorized aliens. Insupport ofthe Affidavit, Vendor shall provide the City with
documentation indicating that it hasenrolled and isparticipating inthe E-Verify program. Should Vendor
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
subcontract for the performance of anywork under and pursuant tothis Agreement, itshall fully comply with
theIndiana E-Verify Law asregards each such subcontractor. Should the Vendor orany subcontractor violate
the Indiana E-Verify law, the City may require acure ofsuch violation and thereafter, ifno timely cure is
performed, terminate this Agreement inaccordance with either the provisions hereof or those set forth inthe
Indiana E-Verify Law. The requirements ofthis paragraph shall not apply should the E-Verify program cease to
exist.
11. DEBARMENT AND SUSPENSION
The Vendor certifies byentering into this Agreement that neither itnor itsprincipals nor any ofits
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible orvoluntarily
excluded from entering intothis Agreement byany federal agency orbyany department, agency orpolitical
poses ofthis Agreement means anofficer,
director, owner, partner, key employee or other person with primary management orsupervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Vendor.
The Vendor certifies that ithas verified thestate and federal suspension and debarment status forall
subcontractors receiving funds under thisAgreement and shall besolely responsible for any recoupment,
penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Vendor shall
request, take allsteps required by theCity toterminate itscontractual relationship with the subcontractor for
work tobeperformed under this Agreement.
12. IRAN CERTIFICATION
Pursuant toI.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, itdoes not
engage ininvestment activities within the Country ofIran.
13 DISPUTE RESOLUTION PROVISIONS
13.1 Overview.
jurisdiction, each party agrees toattempt toresolve all disputes under this Agreement inaccordance with the
dispute resolution procedures set forth herein.
13.2 Informal.
designated representatives will meet within ten (10) days following the receipt ofsuch written notice and will
attempt toresolve the dispute within fifteen (15) days. Ifthe parties agree, adispute may bemediated. The
parties willselect amediator within twenty (20) days ofagreeing tomediate.
13.3
14. GENERAL PROVISIONS
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
14.1 Publicity. Supplier may reference itsgeneral business relationship with Customer formarketing
purposes.
14.2 Applicable Laws. Each party will comply with applicable foreign, federal, state, and local laws, rules,
regulations, orders, ordinances and government requirements, including without limitation, Executive Order
11246 -- Equal Employment Opportunity.
14.3 Export. Neither party will knowingly export or re-export orcause tobeexported orre-exported any
Work Product, to any country for which the U.S. government requires an export license orother government
approval without firstobtaining the required license orapproval.
Signature Page Follows>>
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
Fueling UtilityInnovation
www.esc-partners.com
INWITNESS WHEREOF the parties have executed this Master Consulting Services Agreement onthe date first set
forth above.
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA Enterprise Solutions Consulting, LLC
Byandthrough itsBoard ofPublic Works andSafety
BY: BBY:
James Brainard, Presiding Officer RJKumar, President/CEO
Date: Date: 07/06/2021
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
1130 Crosspointe Lane, Suite 9A
Webster, NY14580
585.413.4302
info@esc-partners.com
CzKpoPcfsmboefsbu:;47bn-Bvh17-3132
Quote/Purchase Agreement
Date: 4-Aug-21
Quotation #: MUN-21-158
From:
To:Mr. Clayton BellMark T. Wright
City of Carmel -- Facilities / Administration 5220 Value Drive
3 Civic Square Fort Wayne, Indiana 46808
Carmel, IN 46032Phone: 260-437-9218
Phone: 317-571-2448
E-mail: cbell@carmel.in.gov E-mail: mwright@kelleyauto.com
SalespersonPoolJob TypeIn-StockBid/FAN Number Approx. Delivery Date
Mark T. Wright STOCK ORDERRFB-11EAL-0110MunicipalYes - M1257August 2021
QtyItem #Description MSRP DiscountLine Total
2021 Chevrolet Silverado 2500HD Crew 1LT1.001$50,700.00$ 36,371.5014,328.50
4X4 in Silver Ice with additional options
Please see attached Pricing Worksheet
Trade-in of 2014 Ford F-150 with approximately1.002 18,400.00)
26,000 miles +/-
VIN #: 1FTFX1EF2EKG35094
Dealer Fees
Indiana Tire Tax = $0.25 per tire1.00Tire TaxIncludedIncluded
Dealer Documentation Fee1.00DocumentsWaivedWaived
Total Discount 14,328.50
Subtotal 17,971.50Bidpreparedby: Mark T. Wright Sales Tax EXEMPT
To accept this as a Purchase Agreement, please sign here and Total 17,971.50
return:
Thank you for the opportunity to earn your business ! !
KELLEY CHEVY, LLC FYIJCJUB
QBHF
2PG3
2021 RFB-11EAL-0110
2021 Chevrolet Silverado 2500HD Crew CabL/B 4X4VehicleDescription:
Federal Specification Number Item 52 2WD / Item 57 4X4 Silverado 2500HD 10,000 Lb. Minimum GVW
Model CK20943 4X4
Standard Package/Equipment Group**** 1LT ****
Specifications INCLUDED INVEHICLE PRICING
DescriptionMfg. Option CodeOption Description
Diesel Engine B-20CompatableL5P6.6L Duramax Turbo V-8engine 445 HP 910 Lb - FtofTorque
Positive Traction Rear AxleG80Locking rear differential
Keys Two ( 2 ) additional with originals foratotalofFour ( 4 ) keys5H1Four ( 4 ) keys total NOT AVAILABLE W/ALL-STAR pkg.
Remote keyless entryAQQRemote keyless entry
Power windows - locks - tiltsteering & cruise controlZLQ W/TFleetconvenience package
Trailering packageZ82 Receiver Hitch
120 volt outletKI4120 volt outlet
Back-up cameraUVCBack-up Camera
Pwr adjustable w/htd. flat glass, lower convex w/integrated turn signalsTrailertowingmirrorsDBG
Factory Spray-on BedlinerCGNSpray-on Bedliner
Total Cost for Specified Vehicle
CK20943 4X4 $ 42,495.00
Additional Options Available
DescriptionOption CodeAdditonal Cost
6.6L V-8 Gasoline Engine 401 HP 464 Lb. - Ft. of torque L8T$ 8,400.00 CREDIT
Work Truck Trim Level -- DOWNGRADECK20943 1WT$ 1,800.00 CREDIT
Crew Cab "Standard" Bed ( 6 1/2 ft. ) -- DOWNGRADECK20743$ 180.00 CREDIT
Bed DELETE Alsodeletesrear bumper, extrakeys, sparetire & carrier ZW9$ 950.00 CREDIT
17" All-Terrain tiresQXT$ 180.00
18" Machined Aluminum wheels PYV$ 270.00
18" LT245/75R18E All-Terrain tires QF6$ 180.00
Cloth seattrim H0U NO Charge
Power Driver'sseat Requires cloth seating surfaces ( H0U )A2X$ 261.00
Remote StartPackage 1LT Trim LevelB59$ 475.00
Skid Plate NZZ$ 135.00
Deluxe Trailering mirrorsDWI$ 648.00
Rearwindow defogger C49$ 202.50
Audible rear park assistRequires Chrome bumpersUD7$ 265.50
Upfitter switches Five ( 5 ) total; 3 - 30Amp; 2 - 20Amp9L7$ 135.00
Smoked Amber roof marker lampsU01$ 49.50
LEDBedLighting UF2$ 112.50
Auxiliary battery K4B$ 120.00
Molded Splash Guards VQK$ 162.00
Black WorkStep VQO$ 373.50
Chrome bumpers - Front & rearRequires W/TTrim Level V46 & VJH$ 190.00
Carpeting w/ rubberized floormats Requires W/TTrimLevel B30$ 90.00
Rubberized Floor Liners Requires Carpet RIA$ 190.00
Deep tint glassRequires W/T Trim Level AKO$ 90.00
17" Aluminum wheelsRequires W/TTrim LevelPYQ$ 315.00
Z71 Off-Road PackageRequires 4X4 Z71$ 472.50
Snow Plow Prep packageRequires 4X4 VYU$ 270.00
Active TransferCase "AutoTrac" Requires 4X4NQH$ 180.00
Dealer Installed Remote StartRequires W/TTrim LevelDI - RS$ 375.00
TotalofOptions & CREDITS: $ 5,883.50
Sub-Total: $ 36,611.50
Options Available forDeletion
Rustproofing / Undercoating -- DELETERP/UC$ 150.00
Back-up alarm -- DELETE 8S3$ 90.00
Spray-on Bedliner -- DELETE CGN$ 430.00
TotalofDELETIONS: $ 240.00SilverIce
GMOrder #: ZHKVX9Stock #: M1257 Total Vehicle Cost: $ 36,371.50
Kelley Chevy, LLCDealerName
MarkT. Wright / CoreyReichardContactNames
Direct; 260-496-6491 Cell; 260-437-9218 / Direct: 260-496-6481 Cell: 260-437-3651PhoneNumbers
mwright@kelleyauto.com / creichard@kelleyauto.comContactEmails
5220ValueDriveDealerAddress FYIJCJUB
QBHFFortWayne, IN 46808
3PG3
Page 1 of 1INDIANARETAILTAXEXEMPT
PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel
FEDERAL EXCISE TAX EXEMPT 105437
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
8/4/2021370298
KELLEY CHEVY LLC General Administration
VENDORSHIP5220VALUEDR 1Civic Square
TO Carmel, IN 46032-
FORT WAYNE, IN 46808 -
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
58424
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund:
Account:
Each
Each
Each
Each
Sub Total
Department:Fund: 12050Capital Lease Fund
Account: 43-526.00
1EachFleet Vehicle$17,971.50$17,971.50
Sub Total 17,971.50
Send Invoice To:
Dept of Administration
1 Civic Square
Carmel, IN 46032-
PLEASE INVOICE INDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
17,971.50PAYMENT
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.
James CriderJames Crider
TITLE Director ofAdministrationDirector ofAdministration
CONTROL NO. 105437 CONTROLLER
CzKpoPcfsmboefsbu:;58bn-Bvh21-3132
Qbhf!2!pg!4
Qbhf!3!pg!4
Qbhf!4!pg!4
QSFEJDUJWF!JOEFY-!MMD
Beefoevn!up!Uif!Qsfejdujwf!Joefy!Ebub!Qspdfttjoh!Bhsffnfou
Tvcdpousbdupst!boe!Tfswjdf!Tvcqspdfttpst!bt!pg!Kvm!31-!3132
Dmjfou!Obnf;!Dbsnfm!Gjsf!Efqbsunfou
Ebuf;!Kvm!31-!3132
Uif!cfmpx!Tfswjdf!Tvcqspdfttpst bsf!joefqfoefou!uijse.qbsuz!nfncfst!pg!uif!QJ!Dfsujgjfe
Qbsuofs!ofuxpsl!)boe!uifjs!tvcdpousbdupst*!uibu!ifmq!vt!qspwjef!QJ!qspevdut!boe!tfswjdft!up!zpv!boe
qspwjef!puifs!QJ.sfmbufe!dmjfou!tfswjdjoh;
Tfswjdf!TvcqspdfttpsMpdbujpo!pg!Tvcqspdfttps
Uif!Qsfejdujwf!JoefyXftuxppe-!Vojufe!Tubuft
Uif!Qsfejdujwf!Joefy!Ebub!Qspdfttjoh!Bhsffnfou!nbz!cf!gpvoe!ifsf;!¡
iuuqt;00xxx/qsfejdujwfjoefy/dpn0heqs/
PREDICTIVE INDEX, LLC Agreement ID: ________________
PREDICTIVE INDEX® Agreement Date:______________ Addendum
Terms DMJFOU!OBNF;!!!
Uijt!BEEFOEVN!jt!buubdife!up!boe!gpsnt!qbsu!pg!uif!Qsfejdujwf!Joefy!Psefs!Gpsn!ebufe!``````````/!
Up!uif!fyufou!uibu!boz!pg!uif!ufsnt!ps!dpoejujpot!dpoubjofe!jo!uijt!BEEFOEVN!nbz!dpousbejdu!ps!
dpogmjdu!xjui!boz!pg!uif!ufsnt!ps!dpoejujpot!pg!uif!Qsfejdujwf!Joefy!Psefs!Gpsn!ps!uif!Qsfejdujwf!Joefy!
Dmjfou!Tpguxbsf!Bhsffnfou-!ju!jt!fyqsfttmz!voefstuppe!boe!bhsffe!uibu!uif!ufsnt!pg!uijt!BEEFOEVN!
tibmm!dpouspm/!
Modifications to Client Software Agreement
Payment!
Tvctdsjqujpo!gfft!bsf!bttfttfe!po!bo!boovbm!cbtjt!boe!bsf!evf!po!ps!cfgpsf!uif!Tubsu!Ebuf!)bt!
joejdbufe!po!zpvs!Psefs*!boe!boovbmmz!uifsfbgufs/!Jg!zpv!qvsdibtf!beejujpobm!Npevmft!ps!zpv!
vqhsbef!zpvs!Npevmf!Ujfs-!zpv!xjmm!offe!up!tvcnju!b!ofx!Psefs-!xijdi!xjmm!jodmvef!uif!gfft!
gps!uif!beejujpobm!Npevmft!boe0ps!Npevmf!Ujfst!qspsbufe!gspn!uif!bdujwbujpo!ebuf!gps!uif!
sfnbjoefs!pg!uif!Ufsn/!Qbznfout!uibu!bsf!npsf!uibo!gpsuz.gjwf!)56*!ebzt!mbuf!nbz!jodvs!b!
qfobmuz!joufsftu!sbuf!pg!pof!qfsdfou!)2&*!qfs!npoui-!ps!uif!nbyjnvn!sbuf!qfsnjuufe!cz!mbx-!
xijdifwfs!jt!mftt/!
Governing Law!
up!uijt!Bhsffnfou/!Uif!Tubuf!pg!Joejbob!xjmm!tfswf!bt!uif!wfovf!boe!ibwf!fydmvtjwf!
kvsjtejdujpo!gps!boz!bdujpo!ps!qvsqptf!sfmbujoh!up!uijt!Bhsffnfou/!Jg!boz!bdujpo!jt!cspvhiu!up!
fogpsdf!ps!joufsqsfu!uijt!Bhsffnfou-!uif!qsfwbjmjoh!qbsuz!xjmm!cf!foujumfe!up!sfdpwfs!jut!
s!jo!uif!tbnf!ps!b!
tfqbsbuf!bdujpo/!
Uijt!Tfdujpo!57!bqqmjft!up!Dmjfou!pomz!jg!Dmjfou!jt!opu!b!tubuf!ps!mpdbm!hpwfsonfou-!boe!pomz!up!
hpwfsonfou!cpez/!Uif!tfdujpo!ifs
uiptf!tfdujpot/!
Nondiscrimination!
QJ!sfqsftfout!boe!xbssbout!uibu!ju!boe!bmm!pg!jut!pggjdfst-!fnqmpzfft-!boe!bhfout!tibmm!dpnqmz!
xjui!bmm!bqqmjdbcmf!mbxt!qspijcjujoh!ejtdsjnjobujpo!bhbjotu!boz!fnqmpzff-!bqqmjdbou!gps!
fnqmpznfou!ps!puifs!qfstpo!jo!uif!qspwjtjpo!pg!uif!Tpguxbsf!qspwjefe!cz!uijt!Bhsffnfou!xjui!
sftqfdu!up!uifjs!ijsf-!ufovsf-!ufsnt-!dpoejujpot!boe!qsjwjmfhft!pg!fnqmpznfou!boe!boz!puifs!
nbuufs!sfmbufe!up!uifjs!fnqmpznfou!ps!tvcdpousbdujoh-!cfdbvtf!pg!sbdf-!sfmjhjpo-!dpmps-!tfy-!
iboejdbq-!obujpobm!psjhjo-!bodftusz-!bhf-!ejtbcmfe!wfufsbo!tubuvt!boe0ps!Wjfuobn!fsb!wfufsbo!
tubuvt/!
31271215!!
PREDICTIVE INDEX, LLC Agreement ID: ________________
PREDICTIVE INDEX® Agreement Date:______________ Addendum
E-VERIFY!
Qvstvbou!up!J/D/!¨!33.6.2/8!fu!tfr/-!bt!uif!tbnf!nbz!cf!bnfoefe!gspn!ujnf!up!ujnf-!boe!bt!jt!
boe!wfsjgz!uif!xpsl!fmjhjcjmjuz!tubuvt!pg!jut!ofxmz.ijsfe!fnqmpzfft!vtjoh!uif!F.Wfsjgz!
qsphsbn-!boe!up!fyfdvuf!uif!Bggjebwju!buubdife!ifsfup!bt!Buubdinfou!2-!bggjsnjoh!uibu!ju!jt!
fospmmfe!boe!qbsujdjqbujoh!jo!uif!F.wfsjgz!qsphsbn!boe!epft!opu!lopxjohmz!fnqmpz!
vobvuipsj{fe!bmjfot/!!Jo!tvqqpsu!pg!uif!Bggjebwju-!QJ!tibmm!qspwjef!uif!Djuz!xjui!epdvnfoubujpo!
joejdbujoh!uibu!ju!ibt!fospmmfe!boe!jt!qbsujdjqbujoh!jo!uif!F.Wfsjgz!qsphsbn/!!Tipvme!QJ!
tvcdpousbdu!gps!uif!qfsgpsnbodf!pg!boz!xpsl!voefs!boe!qvstvbou!up!uijt!Bhsffnfou-!ju!tibmm!
gvmmz!dpnqmz!xjui!uif!Joejbob!F.Wfsjgz!Mbx!bt!sfhbset!fbdi!tvdi!tvcdpousbdups/!!Tipvme!uif!
QJ!ps!boz!tvcdpousbdups!wjpmbuf!uif!Joejbob!F.Wfsjgz!mbx-!uif!Djuz!nbz!sfrvjsf!b!dvsf!pg!tvdi!
wjpmbujpo!boe!uifsfbgufs-!jg!op!ujnfmz!dvsf!jt!qfsgpsnfe-!ufsnjobuf!uijt!Bhsffnfou!jo!
bddpsebodf!xjui!fjuifs!uif!qspwjtjpot!ifsfpg!ps!uiptf!tfu!gpsui!jo!uif!Joejbob!F.Wfsjgz!Mbx/!
Uif!sfrvjsfnfout!pg!uijt!qbsbhsbqi!tibmm!opu!bqqmz!tipvme!uif!F.Wfsjgz!qsphsbn!dfbtf!up!
fyjtu/!!
Debarment and Suspension!
QJ!dfsujgjft!cz!foufsjoh!joup!uijt!Bhsffnfou!uibu!ofjuifs!ju!ops!jut!qsjodjqbmt!ops!boz!pg!jut!
tvcdpousbdupst!sfdfjwjoh!gvoet!voefs!uijt!Bhsffnfou!bsf!qsftfoumz!efcbssfe-!tvtqfoefe-!
qspqptfe!gps!efcbsnfou-!efdmbsfe!jofmjhjcmf!ps!wpmvoubsjmz!fydmvefe!gspn!foufsjoh!joup!uijt!
Bhsffnfou!cz!boz!gfefsbm!bhfodz!ps!cz!boz!efqbsunfou-!bhfodz!ps!qpmjujdbm!tvcejwjtjpo!pg!uif!
ejsfdups-!pxofs-!qbsuofs-!lfz!fnqmpzff!ps!puifs!qfstpo!xjui!qsjnbsz!nbobhfnfou!ps!
tvqfswjtpsz!sftqpotjcjmjujft-!ps!b!qfstpo!xip!ibt!b!dsjujdbm!jogmvfodf!po!ps!tvctuboujwf!dpouspm!
pwfs!uif!pqfsbujpot!pg!QJ/!
QJ!dfsujgjft!uibu!ju!ibt!wfsjgjfe!uif!tubuf!boe!gfefsbm!tvtqfotjpo!boe!efcbsnfou!tubuvt!gps!bmm!
tvcdpousbdupst!sfdfjwjoh!gvoet!voefs!uijt!Bhsffnfou!boe!tibmm!cf!tpmfmz!sftqpotjcmf!gps!boz!
sfdpvqnfou-!qfobmujft!ps!dptut!uibu!njhiu!bsjtf!gspn!vtf!pg!b!tvtqfoefe!ps!efcbssfe!
tvcdpousbdups/!QJ!tibmm!jnnfejbufmz!opujgz!uif!Djuz!jg!boz!tvcdpousbdups!cfdpnft!efcbssfe!ps!
dpousbduvbm!sfmbujpotijq!xjui!uif!tvcdpousbdups!gps!xpsl!up!cf!qfsgpsnfe!voefs!uijt!
Bhsffnfou/!!!
Iran Certification
Qvstvbou!up!J/D/!¨!6.33.27/6-!uif!Wfoeps!tibmm!dfsujgz!uibu-!jo!tjhojoh!uijt!Bhsffnfou-!ju!epft!
opu!fohbhf!jo!jowftunfou!bdujwjujft!xjuijo!uif!Dpvousz!pg!Jsbo/
31271215!!
PREDICTIVE INDEX, LLC Agreement ID: ________________
PREDICTIVE INDEX® Agreement Date:______________ Addendum
Attachment 1
AFFIDAVIT
cfjoh!gjstu!evmz!txpso-!efqptft!boe!tbzt!uibu!
if0tif!jt!gbnjmjbs!xjui!boe!ibt!qfstpobm!lopxmfehf!pg!uif!gbdut!ifsfjo!boe-!jg!dbmmfe!bt!b!xjuoftt!jo!uijt!
nbuufs-!dpvme!uftujgz!bt!gpmmpxt;!
2/!J!bn!pwfs!fjhiuffo!)29*!zfbst!pg!bhf!boe!bn!dpnqfufou!up!uftujgz!up!uif!gbdut!dpoubjofe!
ifsfjo/!
3/!J!bn!opx!boe!bu!bmm!ujnft!sfmfwbou!ifsfjo!ibwf!cffo!fnqmpzfe!cz!
jo!uif!qptjujpo!pg!``````````````````````````````````````/!
4/!J!bn!gbnjmjbs!xjui!uif!fnqmpznfou!qpmjdjft-!qsbdujdft-!boe!qspdfevsft!pg!uif!Fnqmpzfs!boe!
ibwf!uif!bvuipsjuz!up!bdu!po!cfibmg!pg!uif!Fnqmpzfs/!
5/!Uif!Fnqmpzfs!jt!fospmmfe!boe!qbsujdjqbuft!jo!uif!gfefsbm!F.Wfsjgz!qsphsbn!boe!ibt!qspwjefe!
epdvnfoubujpo!pg!tvdi!fospmmnfou!boe!qbsujdjqbujpo!up!uif!Djuz!pg!Dbsnfm-!Joejbob/!
6/!Uif!Dpnqboz!epft!opu!lopxjohmz!fnqmpz!boz!vobvuipsj{fe!bmjfot/!
GVSUIFS!BGGJBOU!TBZFUI!OPU/!!!
FYFDVUFE!po!uif!`````````ebz!pg!``````````````````````````-!31```/!
Qsjoufe;`````````````````````````````!
J!dfsujgz!voefs!uif!qfobmujft!gps!qfskvsz!voefs!uif!mbxt!pg!uif!Vojufe!Tubuft!pg!Bnfsjdb!boe!uif!Tubuf!pg!
Joejbob!uibu!uif!gpsfhpjoh!gbduvbm!tubufnfout!boe!sfqsftfoubujpot!bsf!usvf!boe!dpssfdu/!!
Qsjoufe;!```````````````````````````````````!
31271215!!
Approved and Adopted this day of , 20 .
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:
CzKpoPcfsmboefsbu:;33bn-Bvh21-3132
A
Exhibit
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit B
B
FYIJCJU
CzKpoPcfsmboefsbu:;4:bn-Bvh22-3132
FYIJCJUB
QBHF
2PG3
FYIJCJUB
QBHF
3PG3
CzKpoPcfsmboefsbu23;18qn-Bvh22-3132
Digitally signedby: Jacop Lucas
DN: CN = JacopLucasemail = Jacop Lucasjacop@hrdadvisors.com C = USO =
HRD AdvisoryGroup
Date: 2021.08.11 11:36:45 -04'00'
JacopLucas
DirectorofPeopleOperations
46-5340997
8/11/2021
EXHIBITA
PAGE
1OF7
EXHIBITA
PAGE
2OF7
EXHIBITA
PAGE
3OF7
EXHIBITA
PAGE
4OF7
EXHBITA
PAGE
5OF7
EXHIBITA
PAGE
6OF7
EXHIBITA
PAGE
7OF7
JacopLucas
HRDAdvisoryGroup
DirectorofPeopleOperations
11thAugust21
Digitallysignedby: JacopLucas
DN: CN = JacopLucasemail =
jacop@hrdadvisors.comC = USO = HRDJacopLucas
AdvisoryGroup
Date: 2021.08.1111:35:49 -04'00'
JacopLucas
Digitally signed by: Jacop Lucas
DN: CN = Jacop Lucas email = jacop@hrdadvisors.
com C = US O = HRD Advisory GroupJacopLucas
Date: 2021.08.11 11:36:12 -04'00'
JacopLucas
RESOLUTION NO. BPW 08-18-21-02
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND
PRESENTATION OF PISTOL AND BADGE
WHEREAS, pursuant to IC 5-22-22-6, the Board of Public Works and Safety of the City of
Carmel, Indiana (“Board”), may transfer to another certain personal property; and
WHEREAS, Sergeant John W. McAllister has provided over 30 years of meritorious
service to the Carmel community as a Carmel City Police Officer, and will be retiring on August 27,
2021; and
WHEREAS, it has been a long-standing policy and practice of the Carmel Police
Department to present to each of its sworn officers, upon retirement, their badge and firearm.
NOW, THEREFORE, BE IT RESOLVED by the Board, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The following items may be transferred and presented to Sergeant John W.
McAllister upon his retirement, at the direction of the Chief of Police:
Sergeant McAllister’sService Weapon, Glock Model 17, 9 mm Pistol and
Carmel Police Department Badge/marked “Retired.”
SO RESOLVED.
Resolution No. 08-18-21-02
Page One of Two Pages
This Resolution was prepared by Jon Oberlander, Carmel Interim Corporation Counsel, on
05/24/2021 at 11:30 a.m. No subsequent revision to this Resolution has been reviewed by Mr.
Oberlander for legal sufficiency or otherwise.
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
day of , 2021, by a vote of ayes and nays.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and
Safety (“Board”)
By:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
Resolution No. 08-18-21-02
Page Two of Two Pages
This Resolution was prepared by Jon Oberlander, Carmel Interim Corporation Counsel, on
05/24/2021 at 11:30 a.m. No subsequent revision to this Resolution has been reviewed by Mr.
Oberlander for legal sufficiency or otherwise.
City of Carmel
Carmel Police Department
3 Civic Square
Carmel, Indiana 46032 ,
August 9, 2021
City of Carmel
Board of Public Works
and Safety
One Civic Square
Carmel, IN 46032
Dear Members:
I respectfully request Board approval to have the below listed weapon and badge deleted from
the Police Department inventory:
Glock Model 17, 9mm Pistol
Carmel Police Department Badge / marked Retired
As has been the custom and practice of the City and Department, the weapon and badge will be
presented to John W. McAllister, who will retire on August 27, 2021 from the Carmel Police
Department, with over thirty years of service to the Carmel community as a police officer.
Respectfully,
J m s C. Barlow
Chi of Police
Carmel Police Department
JCB/tka
317) 571-2500 A Nationally Accredited Law Enforcement Agency www.carmelpd.com
August 11, 2021
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: 11100 QUEENS WAY CIRCLE- STORMWATER TECHNICAL STANDARDS WAIVER
Dear Board Members:
Mr. Chris Hinkle, P.E. with Red Barn Engineering Co., is requesting a waiver from the Stormwater
Technical Standards Manual in association with a proposed residence at 11100 Queens Way Circle
(exhibits attached).
The Department of Engineering, in review of the proposed conditions and design standards, has
determined that the waivers requested are valid given the existing site constraints involved with the
project.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
Red Barn Engineering Company, LLC
115 Round Up Trail • Fishers, IN 46038 • 317.677.6797
Chris@RedBarnEngineeringCo.com
Red Barn Engineering Company, LLC
Civil Engineering Consulting Services
August 06, 2021
Mr. Alex Jordan
City of Carmel Engineering Department
One Civic Square
Carmel, IN 46032
RE: 11100 Queens Way Circle Private
Pond SW-2021-00023
Dear Mr. Jordan,
We have recently completed the drainage design for the proposed private pond located at
11100 Queens Way Circle and would like to request a Variance of Standards for Chapter 500
Installation of Stormwater Facilities. As stated in the City of Carmel Stormwater Technical
Standards Manual 501.01 Pipe Cover, Grade, and Separation from Sanitary Sewer, there
should be no less than 2.5 feet of cover along any part of the pipe from final pavement elevation
or final ground surface elevation to the top of the pipe.
In this instance, in order to meet these requirements, either the proposed private pond normal
pool elevation would have to be raised to be located above the surrounding ground elevation or
the existing culvert under Queens Way Circle would need to be removed and lowered.
Therefore we would like to pursue a variance of the requirements within Chapter 500 of the City
of Carmel Stormwater Technical Standards Manual to reduce the cover along any part of the
pipe from 2.5 feet to 1.0 feet. The proposed storm sewer pipe is located entirely within a lawn
area and therefore having reduced cover over the pipe will not compromise the integrity of the
pipe or surrounding ground.
Please do not hesitate to contact me should you have any questions or concerns with this
information at this time. Thank you for your continued assistance with this project.
Sincerely,
RED BARN ENGINEERING COMPANY, LLC
Chris Hinkle, PE
August 10, 2021
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: MELANGE SUBDIVISION - SECONDARY PLAT
Dear Board Members:
Jon Sheidler with Woolpert has requested the revised secondary plat for Melange Subdivision be placed
on the Board of Public Works and Safety agenda for approval and signatures.
The plat has been reviewed and signed by the Department of Community Services and reviewed by the
Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: MYLAR PLAT
August 10, 2021
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: VILLAGE OF WEST CLAY SECTION 6003-B, BLOCK C
Dear Board Members:
Chris Cooper with HWC Engineering has requested the replat of Village of West Clay Section 6003-B,
Block C, be placed on the Board of Public Works and Safety agenda for approval and signatures.
The plat has been reviewed and signed by the Department of Community Services and reviewed by the
Department of Engineering with approval. Therefore, I recommend the Board approve and sign this
plat.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: MYLAR PLAT
RESOLUTION NO. BPW 08-18-21-03
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY
OF CARMEL, INDIANA, REGARDING THE THIRD-PARTY TRANSFER OF REAL
PROPERTY
WHEREAS, the Board of Public Works and Safety of the City of Carmel, Indiana
(hereinafter, the “BPW”) approved the sale of two parcels of real estate owned by the City of
Carmel, Indiana, located near the intersection of Keystone Parkway and 96th Street, the legal
descriptions of which are set forth herein below ("Remainder Parcels B and C") (the “Remainder
Parcels”) by Resolution No. BPW 04-07-21-07 on April 7, 2021; and
WHEREAS, Indiana Code 36-11-1-4(g) authorizes the BPW to hire a broker to sell the
Property provided that the Property has been placed up for bids for at least sixty (60) days before
a broker is hired and no bids were received;
WHEREAS, the Property was placed up for bid pursuant to Indiana Code 36-11-1-4, has
been up for bid for at least sixty (60) days and no bids have been received;
WHEREAS, the BPW has determined, in the exercise of good business judgement, to hire
a broker to sell the Property.
NOW, THEREFORE, BE IT RESOLVED, that the BPW hereby makes the following
findings:
1. The foregoing Recitals are incorporated herein by this reference.
2. The sale of the Property has been approved by the Common Council of the City of Carmel,
Indiana.
3. The BPW hereby approves the hiring of a broker to sell the Property in accordance with
Indiana Code Section 36-1-11-4(g).
4. Pursuant to Indiana Code Section 36-1-11-4(h), (i) the Property may not be sold to a person
or any agent of a person who owes delinquent taxes, special assessments, penalties, interest
or other costs directly attributable to a prior tax sale on a tract of real property listed under
Indiana Code Section 6-1.1-24-1; and (ii) if the Property is sold to a trust (as defined in
Indiana Code Section 30-4-1-1(a)) the public record relating to the sale of the Property
must include each beneficiary of the trust and each settlor empowered to revoke or modify
the trust.
5. The BPW hereby designates James R. Crider, Director of the Department of
Administration for the City of Carmel, Indiana, as its agent for purposes of completing the
disposition of the Property. James R. Crider is hereby authorized to execute all documents
required in connection with the disposition of the Property pursuant to this Resolution and
to take all other lawful actions necessary to complete the disposition of the Property as
contemplated herein.
Resolution of The Board of Public Works and Safety
SO RESOLVED.
Approved and adopted this ________ day of __________________, 2021.
CARMEL 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: _____________________________
Resolution of The Board of Public Works and Safety
EXHIBIT A
The legal description of Parcel B, which is generally located on the southeast corner
of the intersection of 96th Street and Haver Way, is:
PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE
4 EAST, WASHINGTON TOWNSHIP, MARION COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89 DEGREES 37 MINUTES 07 SECONDS EAST ALONG THE NORTH
LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1072.91 FEET; THENCE SOUTH
00 DEGREES 23 MINUTES 04 SECONDS WEST A DISTANCE OF 275.75 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE AND THE PLACE OF BEGINNING; THENCE
NORTHWESTERLY 119.81 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF
230.00 FEET AND SUBTENDED BY A LONG CHORD HAVING A BEARING OF NORTH 35
DEGREES 30 MINUTES 43 SECONDS WEST AND A LENGTH OF 118.46 FEET TO THE
BEGINNING OF A REVERSE CURVE; THENCE CONTINUING NORTHWESTERLY 115.33
FEET ALONG AN ARC TO THE RIGHT HAVING A RADIUS OF 170.00 AND SUBTENDED
BY A LONG CHORD HAVING A BEARING OF NORTH 30 DEGREES 59 MINUTES 57
SECONDS WEST AND A LENGTH OF 113.13 FEET; THENCE NORTH 30 DEGREES 06
MINUTES 44 SECONDS EAST A DISTANCE OF 32.60 FEET; THENCE SOUTH 89 DEGREES
42 MINUTES 40 SECONDS EAST A DISTANCE OF 44.00 FEET; THENCE SOUTH 89
DEGREES 37 MINUTES 15 SECONDS EAST A DISTANCE OF 56.19 FEET; THENCE SOUTH
69 DEGREES 00 MINUTES 29 SECONDS EAST A DISTANCE OF 127.82 FEET; THENCE
SOUTH 25 DEGREES 25 MINUTES 55 SECONDS EAST A DISTANCE OF 174.22 FEET;
THENCE SOUTH 04 DEGREES 20 MINUTES 29 SECONDS EAST A DISTANCE OF 188.92
FEET; THENCE NORTH 89 DEGREES 37 MINUTES 07 SECONDS WEST A DISTANCE OF
199.06 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 04 SECONDS EAST A
DISTANCE OF 169.18 FEET TO THE PLACE OF BEGINNING.
CONTAINING 1.777 ACRES, MORE OR LESS.
The legal description of Parcel C, which is generally located on the southeast corner
of the intersection of 96th Street and Keystone Parkway, is:
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 17 NORTH, RANGE 4 EAST, WASHINGTON TOWNSHIP, MARION COUNTY,
INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE
SOUTH 89 DEGREES 37 MINUTES 19 SECONDS EAST ALONG THE NORTH LINE OF SAID
QUARTER A DISTANCE OF 237.14 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 41
SECONDS WEST A DISTANCE OF 40.00 FEET; THENCE SOUTH 89 DEGREES 37
MINUTES 19 SECONDS EAST A DISTANCE OF 249.99 FEET; THENCE SOUTH 00
DEGREES 14 MINUTES 41 SECONDS WEST A DISTANCE OF 14.88 FEET TO THE PLACE
OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 14 MINUTES 41 SECONDS
WEST A DISTANCE OF 205.11 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 19
SECONDS WEST A DISTANCE OF 250.00 FEET; THENCE NORTH 06 DEGREES 59
MINUTES 21 SECONDS EAST A DISTANCE OF 84.75 FEET; THENCE NORTH 37 DEGREES
13 MINUTES 26 SECONDS EAST A DISTANCE OF 107.37 FEET; THENCE NORTH 71
DEGREES 56 MINUTES 39 SECONDS EAST A DISTANCE OF 110.68 FEET; THENCE
SOUTH 89 DEGREES 37 MINUTES 15 SECONDS EAST A DISTANCE OF 70.38 FEET TO
THE PLACE OF BEGINNING.
CONTAINING 0.982 ACRES, MORE OR LESS.