HomeMy WebLinkAboutService Express, LLC/ICS/$8,613.29/Equipment Service AgreementCzTfshfzHsfdivlijobu4;29qn-Opw23-3132
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express, LLC
Information Systems Department - 2021
Appropriation # 1115 101 43-515-01; P.O.’s #105710, 105580
Contract Not To Exceed $8,613.29
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein;
c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within twenty (20) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on Commercial Liability and Auto insurance policies,
shall promptly provide City, upon request, with copies of all such policies, and shall provide that such
insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify
and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but
not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising
directly from or in connection with Vendor’s provision of Goods and Services pursuant to or under this
Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless
City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but
not limited to, all court costs, reasonable attorney fees, and other expenses, directly caused by any negligent
act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or
subcontractors in the performance of this Agreement. These indemnification obligations shall survive the
termination of this Agreement.
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DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express, LLC
Information Systems Department - 2021
Appropriation # 1115 101 43-515-01; P.O.’s #105710, 105580
Contract Not To Exceed $8,613.29
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Neither party shall assign or pledge this Agreement, whether as collateral for a loan or otherwise, nor
delegate its obligations under this Agreement without other party’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement
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DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express, LLC
Information Systems Department - 2021
Appropriation # 1115 101 43-515-01; P.O.’s #105710, 105580
Contract Not To Exceed $8,613.29
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND City of Carmel
Information Systems Department Department of Law
st311 Avenue NW One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Service Express, LLC
3854 Broadmoor Ave SE
Grand Rapids, Michigan 49546
Attention: Contract Administration
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon written notice
to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 Either party may terminate this Agreement at any time upon thirty (30) days prior written notice to the
other party. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount of conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express, LLC
Information Systems Department - 2021
Appropriation # 1115 101 43-515-01; P.O.’s #105710, 105580
Contract Not To Exceed $8,613.29
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor’s time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City’s authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through November 30, 2022 .
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
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DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
John C. Madden
COO
38-3368786
n/a
November 10, 2021
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
11/18/2021
11/18/2021
11/18/2021
11/18/2021
Service Express
3854 Broadmoor Ave. SE
Grand Rapids MI49512ServiceAgreement22163
Phones: (800) 940-5585
Billing/Contract Fax: (616) 971-0754
Agreement Information Contact Information
Name :City of Carmel Name :Timothy Renick
Agreement :22163 Address :31 1st Ave NW
Sales Person :Kyle Bibby Carmel IN 46032 United States
Duration:12 Months Phone :(317) 571-2567
Commencement:12/1/2021 Email:trenick@carmel.in.gov
Expiration:11/30/2022
Billing Information Billing Contact Information
Invoice :Quarterly Name :Timothy Renick
Terms :Net 30 Address :31 1st Ave NW
Carmel IN 46032 United States
Phone :(317) 571-2567
Email:trenick@carmel.in.gov
Date: 11/09/2021 Page 1 of 4
Exhibit ADocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express
3854 Broadmoor Ave. SE
Grand Rapids MI49512ServiceAgreement22163
Phones: (800) 940-5585
Billing/Contract Fax: (616) 971-0754
Location: 1st Ave Contact: Brad Harrington City: Carmel IN 46032
Line Model Number Description Additional Description Serial Number Warranty QTY Start Date Days Hours Response Price
1 PROLIANT DL380PG8 HP PROLIANT DL380PG8 SFF CTO CHASSIS 2M2420F4W 1 6/12/2019 7 12A-12A 4 HOUR $40.00
1st Ave Total: $40.00
Location: Main Contact: Timothy Renick City: Carmel IN 46032
Line Model Number Description Additional Description Serial Number Warranty QTY Start Date Days Hours Response Price
1 MSA70 HP MSA70 25-SLOT SATA/SAS DISK ARRAY SGA13300JL 1 2/28/2018 7 12A-12A 4 HOUR $40.00
2 MSA70 HP MSA70 25-SLOT SATA/SAS DISK ARRAY SGA13300JN 1 2/28/2018 7 12A-12A 4 HOUR $40.00
3 MSA70 HP MSA70 25-SLOT SFF SAS-600 DISK ARRAY (25X300GB)USE0061FMB 1 4/30/2018 7 12A-12A 4 HOUR $40.00
4 MSA70 HP MSA70 25-SLOT SFF SAS-600 DISK ARRAY (25X300GB)USE0061FMA 1 4/30/2018 7 12A-12A 4 HOUR $40.00
5 POWEREDGE T410 DELL POWEREDGE T410 47F9HS1 1 12/10/2018 7 12A-12A 4 HOUR $35.00
6 POWEREDGE T410 DELL POWEREDGE T410 47F8HS1 1 12/10/2018 7 12A-12A 4 HOUR $35.00
7 POWEREDGE T410 DELL POWEREDGE T410 47FBHS1 1 12/10/2018 7 12A-12A 4 HOUR $35.00
8 PROLIANT DL380PG8 HP PROLIANT DL380PG8 SFF CTO CHASSIS 2M240323VS 1 2/14/2019 7 12A-12A 4 HOUR $40.00
9 PROLIANT DL380PG8 HP PROLIANT DL380PG8 SFF CTO CHASSIS 2M240323VT 1 2/14/2019 7 12A-12A 4 HOUR $40.00
10 PROLIANT DL360PG8 HP PROLIANT DL360PG8 2.0GHZ/20MB/8C (E5-2650)MXQ34403V8 1 6/30/2019 7 12A-12A 4 HOUR $40.00
11 HP D3710 HP D3710 45TB 25-SLOT DISK EXPANSION 2M282701TD 1 7/15/2021 7 12A-12A 4 HOUR $53.00
12 HP D3710 HP D3710 45TB 25-SLOT DISK EXPANSION 2M282701TF 1 7/15/2021 7 12A-12A 4 HOUR $53.00
13 POWEREDGE R330 DELL POWEREDGE R330 4LC9CM2 1 1/14/2022 7 12A-12A 4 HOUR $48.00
14 POWEREDGE R330 DELL POWEREDGE R330 4LD7CM2 1 1/13/2022 7 12A-12A 4 HOUR $48.00
Main Total: $587.00
Date: 11/09/2021 Page 2 of 4
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express
3854 Broadmoor Ave. SE
Grand Rapids MI49512ServiceAgreement22163
Phones: (800) 940-5585
Billing/Contract Fax: (616) 971-0754
Location: Main- Dell add PO S20626 Contact: Timothy Renick City: Carmel IN 46032
Line Model Number Description Additional Description Serial Number Warranty QTY Start Date Days Hours Response Price
1 POWEREDGE R730XD DELL POWEREDGE R730XD C0RHGM2 1 3/17/2020 7 12A-12A 4 HOUR $62.00
Main- Dell add PO S20626 Total: $62.00
Location: Tower Site Contact: Timothy Renick City: Carmel IN 46032
Line Model Number Description Additional Description Serial Number Warranty QTY Start Date Days Hours Response Price
1 PROLIANT DL380PG8 HP PROLIANT DL380PG8 SFF CTO CHASSIS 2M2420F4X 1 6/12/2019 7 12A-12A 4 HOUR $40.00
Tower Site Total: $40.00
Date: 11/09/2021 Page 3 of 4
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Service Express
3854 Broadmoor Ave. SE
Grand Rapids MI49512ServiceAgreement22163
Phones: (800) 940-5585
Billing/Contract Fax: (616) 971-0754
Notes:Monthly Charge: $729.00
12/01/2021 - 11/30/2022 $8,613.29
Authorized Representative Date Authorized Representative Date
Printed Authorized Representative: City of Carmel Printed Authorized Representative: Service Express
Customer acknowledges that they have read and understand the Terms and Conditions on the following page and by signing this Agreement agree to them.
If EU resident personal data is processed for this Agreement, the DPA at https://www.serviceexpress.com/policies/data-processing-agreement/ shall be incorporated into this Agreement.
Pricing shown does not include any applicable state sales or use taxes.
For Service Call: 1-800-940-5585
Date: 11/09/2021 Page 4 of 4
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Terms and Conditions of Sale
This Service Agreement and all sales by Service Express, LLC and its affiliates (“Service Express”) are subject to these Terms and Conditions of Sale (these “Terms,” and together with Customer’s order, the
Agreement”). “Services” refers to the maintenance services provided by Service Express under this Agreement, and “Customer” refers to the person or entity purchasing Services from Service Express as is
identified on the face of this Agreement. Service Express’ acceptance of Customer's order is subject to Customer’s acceptance of these Terms. Any modifications proposed by Customer are not part of the parties'
agreement. Customer’s acceptance of, or full or partial payment for, the Services will constitute Customer’s acceptance of these Terms.
1. TERM & TERMINATION. This Agreement shall be effective
from the commencement date and for the duration stated on
the face of this Agreement. This Agreement may be terminated
without penalty by either party upon thirty (30) days’ prior
written notice. In the event of such termination, Service
Express will refund to Customer any funds which have been
prepaid for Services not received beyond the effective date of
termination.
2. EQUIPMENT CHANGES. Equipment to be covered by the
Services (“Equipment”) may be added to this Agreement upon
mutual agreement of the parties. Equipment may be removed
from coverage under this Agreement with thirty (30) days’
written notice to Service Express. Service charges for
Equipment added to this Agreement will be at Service Express’
then-current monthly rate.
3. SERVICE RESPONSIBILITIES OF SERVICE EXPRESS.
Service Express warrants that all services provided shall be
performed in a workmanlike manner and in compliance with
applicable laws and regulations. In consideration of payment
of the charges set forth in the Agreement, Service Express shall
provide the following Services to Customer:
1) remedial maintenance and continuous repair effort
following Customer notification of Equipment malfunction,
with on-site response within the time frames specified in
this Agreement;
2) labor and parts as deemed necessary by Service Express
to maintain the Equipment or to return the Equipment to
operating condition. Service Express may take ownership
of exchanged parts removed from Equipment, except in
the case of failed devices containing magnetic media,
which Customer may retain ownership of at Customer’s
discretion; and
3) installation of field engineering change orders deemed
necessary by the Equipment manufacturer at a time
mutually agreed upon by Service Express and Customer.
4. SERVICE RESPONSIBILITIES OF CUSTOMER. As a
condition to Service Express’ obligation to provide the Services,
Customer shall:
1) contact Service Express immediately when Equipment
malfunctions. Customer shall take reasonable precautions
to limit further damage to the Equipment;
2) provide full and free access to Equipment;
3) ensure that a Customer representative is present during
service by Service Express personnel; and
4) make every effort to provide a reasonable environment
for the Equipment covered by this Agreement and shall
abide by all manufacturer specifications regarding such
environmental conditions.
5. SERVICE LIMITATIONS.
1) Requests for Service received outside of the hours of
coverage stipulated in this Agreement shall be responded
to on a commercially reasonable efforts basis.
2) This Agreement does not cover: (a) damage due to
improper treatment or use of Equipment; (b)
unauthorized attempts to repair, maintain, or modify the
Equipment other than by or at the direction of Service
Express; or (c) damage created by external sources to this
Equipment. Repairs made under these circumstances
shall be made at the then prevailing Service Express per
call rates for labor and parts.
3) Service Express reserves the right to withdraw individual
items of Equipment from coverage under this Agreement
if, in Service Express’ reasonable opinion, these items can
no longer be supported. In these circumstances, Service
Express shall provide Customer with reasonable notice of
withdrawal.
4) Services do not include operation supplies or accessories
as defined by the manufacturer), cosmetic damage to
Equipment, or work external to the Equipment itself.
5) Waivers of liability may not be imposed by Customer as a
requirement for site access. Service Express may suspend
Services when, in Service Express’ reasonable opinion,
conditions at Customer’s site jeopardize the health or
safety of Service Express personnel.
6) Unless otherwise stated in this Agreement, the Services
under this Agreement do not include LTU (License to Use)
updates, software updates, software support, firmware
upgrades, firmware updates, access to any proprietary
information of any original equipment manufacturer, or
access to technical websites.
6. CHARGES.
1) Charges under this Agreement will be invoiced thirty (30)
days in advance of the applicable service period. All
invoices will be due within the net terms stated on the
face of this Agreement.
2) All overdue accounts may be charged a late fee of 1½%
per month. Service Express reserves the right to suspend
Services if invoices become past due.
3) Charges for Equipment added to or removed from this
Agreement will be prorated on a thirty (30) day month.
4) Charges for services or equipment not covered under this
Agreement shall be invoiced at Service Express’ current
rates and these Terms shall apply to such services.
5) Upon mutual written agreement, Service Express may
adjust the applicable charges for Equipment covered
under this Agreement.
7. LIMITATIONS OF LIABILITY.
1) EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN
THESE TERMS, TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, ALL SERVICES ARE PROVIDED AS-IS
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
Terms and Conditions of Sale
2) SERVICE EXPRESS SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR FOR ANY LOSS OF USE, DATA, SOFTWARE,
REVENUE, OR PROFITS, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. SERVICE EXPRESS’
TOTAL LIABILITY ARISING OUT OF OR RELATING TO
THIS AGREEMENT SHALL BE LIMITED TO DIRECT
DAMAGES NOT TO EXCEED THE GREATER OF: A) THE
TOTAL FEES PAID BY CUSTOMER IN THE TWELVE (12)
MONTHS PRECEDING THE CLAIM, OR B) TWO MILLION
US DOLLARS ($2,000,000).
3) This limitation of Service Express’ liability will apply
regardless of the form of action, whether in contract or
tort including negligence. Any action against Service
Express must be brought within six (6) months after the
cause of action occurs.
4) Service Express shall not be liable for any delay in or
failure of performance due to causes beyond the
reasonable control of Service Express.
8. GENERAL.
1) During the term of this Agreement and for a period of one
1) year thereafter, neither party shall solicit the
employment of any employee of the other party with
whom such party has had contact in connection with the
relationship arising under this Agreement. The foregoing
prohibition shall not apply to an employee responding to
the general advertisement of an open position by the
other party.
2) Service Express shall comply with all applicable laws
related to its provision of Services, including, but not
limited to, those relating to data protection and privacy,
wages, hours and conditions of employment,
subcontractor selection, discrimination, occupational
health/safety and motor vehicle safety. Without limiting
the generality of the foregoing, Service Express shall
comply with all applicable anti-bribery and anti-corruption
laws, and other laws governing improper payments, in
connection with the performance of this Agreement,
including but not limited to, the U.S. Foreign Corrupt
Practices Act of 1977, as amended, and the rules and
regulations under it, and Service Express shall not act in
a way that would cause Customer to be in violation of such
laws (such as, by way of example, providing a kickback,
bribe or inappropriate gift to any representative of
Customer or government official or political party in order
to obtain or retain business or to secure an improper
commercial advantage). Service Express represents that
it does not, directly or indirectly, engage in or otherwise
support child, slave, prisoner or any other form of forced
or involuntary labor, or engage in abusive worker
treatment or corrupt business practices, in the supply of
Services, including, without limitation, Human Trafficking.
Human Trafficking” is defined as: the recruitment,
transportation, transfer, harboring or receipt of persons,
by means of the threat or use of force or other forms of
coercion, abduction, fraud, deception, abuse of power or
of a position of vulnerability or of the giving or receiving
of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of
exploitation. Service Express further represents it does
not, directly or indirectly, utilize the labor of North Korean
nationals and/or North Korean citizens.
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
John C. Madden
Service Express, LLC
COO
November 2110th
John C. Madden
John C. Madden
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1
City of Carmel
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE
35-6000972
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
Page 1 of 1
PURCHASE ORDER NUMBER
105580
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO VENDOR NO. DESCRIPTION
10/4/2021 _ L 357831
1211/21-11/30/22
SERVICE EXPRESS INC
VENDOR DEPT 6306 SHIP
TO
PO BOX 30516
LANSING, MI 48909 - _
P URCHASE ID BLANKET CONTRACT _ PAYMENT TERMS _
T
59905
QUANTITY UNIT OF MEASURE f DESCRIPTION
Department: 1115 Fund: 101 General Fund
Account: 43-515.01
1 Each Annual equipment service agreement # 22163
ICS
31 1st Avenue N.W.
Carmel, IN 46032-
Timothy Renick (317) 571-2576
FREIGHT
j CIA Nz
UNIT PRICE I EXTEN51UN
r
8,241.29 $8,24 9
Sub Total 71211.29
T
f,
Send Invoice To: ji
ICS nwnt 22163
Timothy Renick
31 1st Avenue N.W. NDJAZ r
Carmel, IN 46032- _ fi ,/ r
317) 571-2576 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT I PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $8 24129
AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
SHIPPING INSTRUCTIONS PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
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 v u•
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY - - - - - - -- --
Timothy Renick James Crider
TITLE Director Director of Administration
CONTROL NO. 105580 CONTROLLER
DocuSign Envelope ID: CB560541-FC79-43AA-9C48-019F6EC74DE1