HomeMy WebLinkAboutNelson Alarm Company/ICS/$49,909/Replacement Cameras - Tarkington and Carter Green Garages - ASACzTfshfzHsfdivlijobu:;25bn-Kvo33-3133
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
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7/7/2022
7/7/2022
7/7/2022
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
City of Carmel – Sales and Installation Agreement
Date: May 23, 2022
Project Name: City of Carmel – Information and Communication Systems
Address: 31 1st Avenue NW
City, State, Zip: Carmel, IN 46063
Contact: Todd Luckoski
Phone: 317.571.2590
NELSON ALARM (hereinafter referred to as “NA”) agrees to sell and Customer agrees to buy the aforementioned
equipment.
This Sales and Installation Agreement is made this 23rd day of May 2022 between Nelson Alarm (“NA”) and City of Carmel
Customer”), who agrees to purchase the following equipment and services provided by NA.
Direct Sale:
Total Cost - $47,729 plus applicable taxes or fees.
STANDARD TERMS AND CONDITIONS:
1. In the event that any part of the aforementioned equipment becomes defective, or in the event that any repairs are required, NA
agrees to make all repairs and replacement of parts without costs to the Customer for a period of one year from the date of installation. NA
reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of
replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, reprogramming, damage
by lightning, electrical surge or wire breaks.
2. Except as set forth in this agreement, NA makes no express warranties as to any matter whatsoever, including, without limitation,
the condition of the equipment, its merchantability, or its fitness for any particular purpose. NA does not represent nor warrant that the
equipment may not be compromised or circumvented, or that the equipment will prevent any loss by burglary, hold-up, vandalism or
otherwise; or that the system will in all cases provide the protection for which it is installed. NA expressly disclaims any implied warranties,
including implied warranties of merchantability or fitness for a particular purpose.
QTY Part Description Cost
28 Axis Q3538-LVE 4K Outdoor Fixed Dome Network Camera 32,885
22 Axis T91D61 Network Camera Wall Mount 1,569
24 Axis T94M01D Network Camera Outdoor Pendant Kit 1,214
4 Axis Q1798-LE Fixed Bullet Camera 6,095
2 Axis T91B52 (12 Inch) Network Camera Extension Pipe 60
2 Axis T91B52 (39 Inch) Network Camera Extension Pipe 85
4 Axis T91B51 Indoor/Outdoor Ceiling Mount 405
2 Axis Q6078-E 4K with 20x Optical Zoom 5,416
Exhibit A
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
3. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair
service, modification, or improper installation by anyone other than NA. NA shall not be liable for consequential damages. Customer
acknowledges that any affirmation of fact or promise made by NA shall not be deemed to create an express warranty unless included in this
contract in writing; that Customer is not relying on NA's skill or judgment in selecting or furnishing a system suitable for any particular purpose
and that there are no warranties which extend beyond those on the face of this agreement.. Customer's exclusive remedy for NA's breach of
this contract or negligence to any degree under this contract is to require NA to repair or replace, at NA's option, any equipment which is non-
operational. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law,
NA will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
4. DELAY IN INSTALLATION: NA shall not be liable for any damage or loss sustained by Customer as a result of delay in installation of
equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes,
including NA's negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite
completion date and time is not of the essence.
5. ALTERATION OF PREMISES FOR INSTALLATION: NA is authorized to make preparations such as drilling holes, driving Nails, making
attachments or doing any other thing necessary in NA's sole discretion for the installation of the equipment, and NA shall not be responsible
for any condition created thereby as a result of such installation, service, or removal of the equipment, and Customer represents that the
owner of the premises, if other than Customer, authorizes the installation of the equipment under the terms of this agreement.
6. CUSTOMER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Customer agrees to furnish, at Customer's expense, all 110
Volt AC power and electrical outlets and receptacles, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-
ups, RJ31x Block or equivalent, as deemed necessary by NA.
7. LIEN LAW: NA or any subcontractor engaged by NA to perform the work or furnish material who is not paid may have a claim
against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the
applicable lien laws.
8. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: Customer agrees to indemnify and hold harmless NA, its
employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Customer, including
reasonable attorneys' fees and losses, asserted against and alleged to be caused by NA's performance, negligence or failure to perform any
obligation under this agreement. Parties agree that there are no third party beneficiaries of this contract. Customer on its behalf and any
insurance carrier waives any right of subrogation Customer's insurance carrier may otherwise have against NA or NA's
subcontractors arising out of this agreement or the relation of the parties hereto. Customer shall not be permit ted to assign this agreement
without written consent of NA. NA shall have the right to assign this contract and shall be relieved of any obligations herein upon such
assignment.
9. EXCULPATORY CLAUSE: NA and Customer agree that NA is not an insurer and no insurance coverage is offered herein. NA is not
assuming liability, and, therefore shall not be liable to Customer for any loss, personal injury, data corruption or inability to retrieve data, or
property damage sustained by Customer as a result of the equipment failure, or any other cause, whatsoever, regardless of whether or not
such damage was caused by or contributed to by NA’s negligent performance, failure to perform any obligation or strict products liability.
Customer releases NA from any claims for contribution, indemnity or subrogation.
10.INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which
NA is named as additional insured. NA shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the
Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. In
the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages.
Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the
insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against NA and its subcontractors for loss or
damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance
to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance
11. LIMITATION OF LIABILITY: Customer agrees that should there arise any liability on the part of NA as a result of NA's negligent
performance to any degree of failure or perform any of NA's obligations or equipment failure, or strict products liability, that NA's liability shall
be limited to the sum of $250.00 or 5% of the sales price, whichever is greater. If Customer wishes to increase NA's amount of limitation of
liability, Customer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual
payment consonant with NA's increased liability. This shall not be construed as insurance coverage.
2)
Exhibit A
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
12. LEGAL ACTION: In the event NA refers this contract to an attorney, to recover any amounts owed by Customer to NA hereunder,
the parties agree that the amount to be recovered, and any judgment to be entered, shall include interest at the rate of 1 1/2% per month from
the date payment is due and Customer shall pay NA's legal fees. In any action commenced by NA against Customer, Customer shall not be
permitted to interpose any counterclaim. This agreement shall be governed by the laws of the State of Indiana. The parties agree that the
courts of the State of Indiana shall have exclusive jurisdiction over the parties hereto regarding any dispute between them and NA and
Customer submits to the jurisdiction of the State of Indiana. Customer submits to the jurisdiction of Indiana and agrees that any litigation
between the parties must be commenced and maintained exclusively in the State
of Indiana and in the County where NA’s principal place of business is located. The parties waive trial by jury in any action between
them. Any action by Customer against NA must be commenced within one year of the accrual of the cause of action or shall be barred. All
actions or proceedings against NA must be based on the provisions of this agreement. Any other action that Customer may have or bring
against NA in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the
terms and conditions of this agreement.
13. FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS. This agreement constitutes the full understanding of the parties
and may not be amended or modified or canceled except in writing signed by both parties, except NA requirements regarding items of
protection provided for in this agreement imposed by Authority Having Jurisdiction. Should there arise any conflict between this agreement
and Customer's purchase order or other document, this agreement will govern whether such purchase order or document is prior to or
subsequent to this agreement. Should any provision of this agreement be deemed void, all other provisions will remain in eff ect.
Nelson Alarm: Customer:
Signature: _______________________________ Signature: ______________________________
Printed Name: ____________________________ Printed Name: ___________________________
Date: ___________________________________ Date: ___________________________________
3)
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
City of Carmel – Sales and Installation Agreement
Date: June 21, 2022
Project Name: City of Carmel – Information and Communication Systems
Address: 31 1st Avenue NW
City, State, Zip: Carmel, IN 46063
Contact: Todd Luckoski
Phone: 317.571.2590
NELSON ALARM (hereinafter referred to as “NA”) agrees to sell and Customer agrees to buy the aforementioned
equipment.
This Sales and Installation Agreement is made this 23rd day of May 2022 between Nelson Alarm (“NA”) and City of Carmel
Customer”), who agrees to purchase the following equipment and services provided by NA.
Direct Sale:
Total Cost - $2,180 plus applicable taxes or fees.
STANDARD TERMS AND CONDITIONS:
1. In the event that any part of the aforementioned equipment becomes defective, or in the event that any repairs are required, NA
agrees to make all repairs and replacement of parts without costs to the Customer for a period of one year from the date of installation. NA
reserves the option to either replace or repair the alarm equipment, and reserves the right to substitute materials of equal quality at time of
replacement, or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, reprogramming, damage
by lightning, electrical surge or wire breaks.
2. Except as set forth in this agreement, NA makes no express warranties as to any matter whatsoever, including, without limitation,
the condition of the equipment, its merchantability, or its fitness for any particular purpose. NA does not represent nor warrant that the
equipment may not be compromised or circumvented, or that the equipment will prevent any loss by burglary, hold-up, vandalism or
otherwise; or that the system will in all cases provide the protection for which it is installed. NA expressly disclaims any implied warranties,
including implied warranties of merchantability or fitness for a particular purpose.
3. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair
service, modification, or improper installation by anyone other than NA. NA shall not be liable for consequential damages. Customer
acknowledges that any affirmation of fact or promise made by NA shall not be deemed to create an express warranty unless included in this
contract in writing; that Customer is not relying on NA's skill or judgment in selecting or furnishing a system suitable for any particular purpose
and that there are no warranties which extend beyond those on the face of this agreement.. Customer's exclusive remedy for NA's breach of
this contract or negligence to any degree under this contract is to require NA to repair or replace, at NA's option, any equipment which is non-
QTY Part Description Cost
12 Axis T94M01D Network Camera Outdoor Pendant Kit 607
12 Axis T91B52 (12 Inch)Network Camera Extension Pipe 359
12 Axis T91B51 Indoor/Outdoor Ceiling Mount 1,214
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
operational. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law,
NA will procure all permits required by local law and will provide certificate of workman's compensation prior to starting work.
4. DELAY IN INSTALLATION: NA shall not be liable for any damage or loss sustained by Customer as a result of delay in installation of
equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes,
including NA's negligence in the performance of this contract. The estimated date work is to be substantially completed is not a definite
completion date and time is not of the essence.
5. ALTERATION OF PREMISES FOR INSTALLATION: NA is authorized to make preparations such as drilling holes, driving Nails, making
attachments or doing any other thing necessary in NA's sole discretion for the installation of the equipment, and NA shall not be responsible
for any condition created thereby as a result of such installation, service, or removal of the equipment, and Customer represents that the
owner of the premises, if other than Customer, authorizes the installation of the equipment under the terms of this agreement.
6. CUSTOMER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Customer agrees to furnish, at Customer's expense, all 110
Volt AC power and electrical outlets and receptacles, internet connection, high speed broadband cable or DSL and IP Address, telephone hook-
ups, RJ31x Block or equivalent, as deemed necessary by NA.
7. LIEN LAW: NA or any subcontractor engaged by NA to perform the work or furnish material who is not paid may have a claim
against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the
applicable lien laws.
8. INDEMNITY/WAIVER OF SUBROGATION RIGHTS/ASSIGNMENTS: Customer agrees to indemnify and hold harmless NA, its
employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Customer, including
reasonable attorneys' fees and losses, asserted against and alleged to be caused by NA's performance, negligence or failure to perform any
obligation under this agreement. Parties agree that there are no third party beneficiaries of this contract. Customer on its behalf and any
insurance carrier waives any right of subrogation Customer's insurance carrier may otherwise have against NA or NA's
subcontractors arising out of this agreement or the relation of the parties hereto. Customer shall not be permitted to assign this agreement
without written consent of NA. NA shall have the right to assign this contract and shall be relieved of any obligations herein upon such
assignment.
9. EXCULPATORY CLAUSE: NA and Customer agree that NA is not an insurer and no insurance coverage is offered herein. NA is not
assuming liability, and, therefore shall not be liable to Customer for any loss, personal injury, data corruption or inability to retrieve data, or
property damage sustained by Customer as a result of the equipment failure, or any other cause, whatsoever, regardless of whether or not
such damage was caused by or contributed to by NA’s negligent performance, failure to perform any obligation or strict products liability.
Customer releases NA from any claims for contribution, indemnity or subrogation.
10. INSURANCE: The Subscriber shall maintain a policy of public liability, property damage, burglary and theft insurance under which
NA is named as additional insured. NA shall not be responsible for any portion of any loss or damage which is recovered or recoverable by the
Subscriber from insurance covering such loss or damage or for such loss or damage against which the Subscriber is indemnified or insured. In
the event of any loss or injury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages.
Subscriber shall obtain insurance to cover any loss the security services are intended to detect to one hundred percent of the
insurable value, and Subscriber and all those claiming rights under Subscriber waive all rights against NA and its subcontractors for loss or
damages caused by burglary, theft, water, smoke, fire or other perils intended to be detected by the security services or covered by insurance
to be obtained by Subscriber, except such rights as they may have to the proceeds of insurance
11. LIMITATION OF LIABILITY: Customer agrees that should there arise any liability on the part of NA as a result of NA's negligent
performance to any degree of failure or perform any of NA's obligations or equipment failure, or strict products liability, that NA's liability shall
be limited to the sum of $250.00 or 5% of the sales price, whichever is greater. If Customer wishes to increase NA's amount of limitation of
liability, Customer may, as a matter of right, at any time, by entering into a supplemental contract, obtain a higher limit by paying an annual
payment consonant with NA's increased liability. This shall not be construed as insurance coverage.
2)
12. LEGAL ACTION: In the event NA refers this contract to an attorney, to recover any amounts owed by Customer to NA hereunder,
the parties agree that the amount to be recovered, and any judgment to be entered, shall include interest at the rate of 1 1/2% per month from
the date payment is due and Customer shall pay NA's legal fees. In any action commenced by NA against Customer, Customer shall not be
permitted to interpose any counterclaim. This agreement shall be governed by the laws of the State of Indiana. The parties agree that the
courts of the State of Indiana shall have exclusive jurisdiction over the parties hereto regarding any dispute between them and NA and
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
Nelson Alarm
2602 East 55th Street • Indianapolis, Indiana 46220 • Phone: 317-255-2125 • Fax: 317-253-8802
Customer submits to the jurisdiction of the State of Indiana. Customer submits to the jurisdiction of Indiana and agrees that any litigation
between the parties must be commenced and maintained exclusively in the State
of Indiana and in the County where NA’s principal place of business is located. The parties waive trial by jury in any action between
them. Any action by Customer against NA must be commenced within one year of the accrual of the cause of action or shall be barred. All
actions or proceedings against NA must be based on the provisions of this agreement. Any other action that Customer may have or bring
against NA in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the
terms and conditions of this agreement.
13. FULL AGREEMENT/SEVERABILITY/ CONFLICTING DOCUMENTS. This agreement constitutes the full understanding of the parties
and may not be amended or modified or canceled except in writing signed by both parties, except NA requirements regarding items of
protection provided for in this agreement imposed by Authority Having Jurisdiction. Should there arise any conflict between this agreement
and Customer's purchase order or other document, this agreement will govern whether such purchase order or document is prior to or
subsequent to this agreement. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
Nelson Alarm: Customer:
Signature: _______________________________ Signature: ______________________________
Printed Name: ____________________________ Printed Name: ___________________________
Date: ___________________________________ Date: ___________________________________
3)
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63
INDIANA RETAIL TAX EXEMPT
City ®f Carmel 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
HASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO.
6/20/2022 00352213
Page 1 of 1
PURCHASE ORDER NUMBER
106626
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Replacement cameras - Tarkington and Carter Green garages
NELSON ALARM COMPANY ICS
VENDOR 2602 E 55TH STREET SHIP 31 1st Ave N.W.
TO
Carmel, IN 46032-
INDIANAPOLIS, IN 46220 - Timothy Renick (317) 571-2576
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
66688
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1115 Fund: 0 Capital Lease Fund
Account: 44-631.00
1 Each Axis parts $2,180.00 $2,180.00
1 Each Camera replacement - Tarkington and Carter Green garages $47,729.00 $47,729.00
Sub Total $49,909.00
Send Invoice To: -
ICS Quote dated 5/23/22 and 6/21/22
Timothy Renick
311stAve N.W. Carmel,
IN 46032- 317)
571-2576 PLEASE INVOICE IN DUPLICATE DEPARTMENT
ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $
49,909.00 SHIPPING
INSTRUCTIONS * 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 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 LABEL J THIS
ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND
ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Timothy
Renick James Crider TITLE
Director Director of Administration CONTROL
NO. 106626 CONTROLLER
DocuSign Envelope ID: DEB0C4B9-6A0C-4A20-9F28-E54D9FA5AA63