HomeMy WebLinkAboutPaperless Packet for BPW 07.28.22Board of Public Works and Safety Meeting
Agenda
Thursday, July 28, 2022 – 12:00 p.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the July 20, 2022, Regular Meeting
2. BID/QUOTE OPENINGS AND AWARDS
a. Bid Award for Street Department Project 22-STR-06 - Road Rejuvenation; Lee
Higginbotham, Street Commissioner
3. CONTRACTS
a. Request for Purchase of Goods and Services; Candy Martin; ($1,800.00); Agreement
for Services; Advisor for the Carmel Mayor’s Youth Council; James Brainard, Mayor
b. Request for Purchase of Goods and Services; ERMCO, Inc.; ($1,880.00); Provide /
Install Tray Including Spill Out and Brackets; Carmel Data Center Project; CO #2;
James Crider, Director of Administration
c. Request for Purchase of Goods and Services; Frederick’s, Inc.; ($2,125.00); Install
Keypad Rough-in / Install Two Fire Alarm Strobe Rough-ins / Provide CT Cabinet for
Electrical Service; Carmel Data Center Project; CO #2; James Crider, Director of
Administration
d. Request for Purchase of Goods and Services; GovernmentJobs.com, Inc. d/b/a
NEOGov; ($129,506.10); Learn and Perform Platforms; Lisa Hartz, Director of Human
Resources
e. Request for Purchase of Goods and Services; LITHKO Restoration Technologies, LLC;
($1,122,577.99); Sophia Square Waterproofing; Lee Higginbotham, Street Commissioner
f. Request for Purchase of Goods and Services; Nelson Alarm Company; ($1,050.00); City
Monitoring; Additional Services Amendment #2; Timothy Renick, Director of
Information and Communication Systems
g. Request for Purchase of Goods and Services; Ott Equipment Service, Inc.; ($54,842.00);
22-STR-07 - Portable Truck Lifts - Rotary Column Lifts; Lee Higginbotham, Street
Commissioner
h. Request for Purchase of Goods and Services; Scat, Inc.; ($3,020.00); Pest Control -
Quarterly Service - All Stations + CTC; Chief David Haboush, Carmel Fire Department
4. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Use Midtown Plaza; Shred415 Outdoor Workout; August 17, 2022; 5:00 PM
– 7:00 PM; Jennifer Wilkins
5. OTHER
a. Resolution BPW 07-28-22-01; A Resolution of the City of Carmel Board of Public
Works and Safety Designating and Approving the Placement of “No Parking or Idling”
Signs on Certain City Streets within Proximity of School Property; Jeremy Kashman,
City Engineer
b. Resolution BPW 07-28-22-02; A Resolution of the City of Carmel Board of Public
Works and Safety Approving the Appointment of the Police Chief’s Executive
Assistants; Lieutenants Brady Myers, Dwight Frost, Charlie Harting, Ryan Jellison,
and Shane Collins; Interim Chief James Barlow, Carmel Police Department
6. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, July 20, 2022 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5
MEETING CALLED TO ORDER 6 7
Mayor Brainard called the meeting to order at 10:02 AM. 8
9
MEMBERS PRESENT 10
11
Mayor James Brainard, Board Member Lori Watson, Board Member Mary Ann Burke, and Deputy Clerk Holly 12
Harmeyer were present. 13
14
MINUTES 15
16
Minutes from the July 6, 2022, Regular Meeting. Board Member Burke moved to approve. Board Member Watson 17
seconded. Request approved 2-0. Mayor Brainard abstained. 18
19
BID/QUOTE OPENINGS AND AWARDS 20
21
Bid Opening for Street Department Project 22-STR-06 - Road Rejuvenation 22
Lori Watson opened the bid and Mayor Brainard read it aloud: 23
24
Contractor Bid 25
Rejuvtec, Inc. $146,031.00 26
27
Quote Award for Street Department Project 22-STR-04 - Pergolas 28
Crystal Edmondson, Street Department Staff, recommended awarding the bid to Connor Fine Painting, as they 29
were the lowest responsive bidder. Board Member Burke moved to award the bid to Connor Fine Painting in the 30
amount of $20,670.00. Board Member Watson seconded. Request approved 3-0. 31
32
Bid Award for Street Department Project 22-STR-05 - Path Preservation 33
Crystal Edmondson, Street Department Staff, recommended awarding the bid to Cargill, as they were the lowest 34
responsive bidder. Board Member Burke moved to award the bid to All Star Paving, Inc. with a base plus Alt 1 35
bid in the amount of $224,979.82. Board Member Watson seconded. Request approved 3-0. 36
37
Quote Award for Street Department Project 22-STR-07 - Portable Truck Lifts 38
Crystal Edmondson, Street Department Staff, recommended awarding the bid to OTT Equipment Service as they 39
were the lowest responsive bidder. Board Member Burke moved to award the bid to OTT Equipment Service in 40
the amount of $54,842.00. Board Member Watson seconded. Request approved 3-0. 41
42
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 43
44
Resolution BPW 07-20-22-05; Gramercy West, Section 2; Common Walk; Board Member Burke moved to 45
approve. Board Member Watson seconded. Request approved 3-0. 46
47
48
CONTRACTS 49
50
Resolution BPW 07-20-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 51
Acknowledging Agreement Between City and Vendor; Indiana Department of Transportation; Federal Funding 52
of 80% of Eligible Project Costs up to $2,174,283.00; INDOT LPA Contract #63357 Des. No: 2200151; Project 53
Coordination Contract - Construction; Board Member Burke moved to approve. Board Member Watson 54
seconded. Request approved 3-0. 55
56
Resolution BPW 07-20-22-02; A Resolution of the City of Carmel Board of Public Works and Safety 57
Acknowledging Agreement Between City and Vendor; A & S General Construction, LLC; ($7,309.00); Metal 58
Framing, Drywall, and Painting - Carmel Data Center Project; Additional Services Amendment #2; Board 59
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 60
61
Resolution BPW 07-20-22-04; A Resolution of the City of Carmel Board of Public Works and Safety 62
Acknowledging Agreement Between City and Vendor; Officeworks Services, LLC; ($20,883.13); Council 63
Chamber Chairs; Additional Services Amendment; Board Member Burke moved to approve. Board Member 64
Watson seconded. Request approved 3-0. 65
66
Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($21,559.50); Keystone Bridge 67
Overlay Project - Construction Inspection; Professional Services; Board Member Burke moved to approve. 68
Board Member Watson seconded. Request approved 3-0. 69
70
Request for Purchase of Goods and Services; College Avenue Design, LLC d/b/a Sweet Event Planning; 71
($5,000.00); Brews on the Boulevard - Event Planning; Additional Services Amendment; Board Member Burke 72
moved to approve. Board Member Watson seconded. Request approved 3-0. 73
74
Request for Purchase of Goods and Services; Everstream GLC Holding Co; ($8,520.00); Fiber Internet Services 75
and Voice; Addendum to Enterprise Master Services Agreement; Board Member Burke moved to approve. Board 76
Member Watson seconded. Request approved 3-0. 77
78
Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($55,421.01); Services and Storage; 79
Additional Services Amendment #2; Board Member Burke moved to approve. Board Member Watson seconded. 80
Request approved 3-0. 81
82
Request for Purchase of Goods and Services; MEG & Associates, LLC; ($14,000.00); Additional 2022 Services 83
- Event Planning and Media Services; Additional Services Amendment; Board Member Burke moved to approve. 84
Board Member Watson seconded. Request approved 3-0. 85
86
Request for Purchase of Goods and Services; TPI Utility Construction, LLC; ($39,485.00); Monon Greenway 87
Walnut Street to City Center Addition; Board Member Burke moved to approve. Board Member Watson seconded. 88
Request approved 3-0. 89
90
REQUEST TO USE CITY STREETS/PROPERTY 91
92
Request to Acknowledge an Amended Midtown Plaza Use Request; NBA Draft Viewing Party; Adding 6 Parking 93
Spaces to Original Request; June 23, 2022; 3:00 PM - 11:00 PM; Board Member Burke moved to approve. Board 94
Member Watson seconded. Acknowledgment approved 3-0. 95
96
Request for Variance of City Code 6-158 Noise Regulations; Wedding Ceremony and Reception at Coxhall 97
Gardens; October 28, 2022 at 6:30 PM - October 29, 2022 at 1:00 AM; Board Member Burke moved to approve. 98
Board Member Watson seconded. Request approved 3-0. 99
100
Request to Use / Close City Streets; Carmel High School 2022 Homecoming Parade; September 30, 2022; 12:45 101
PM – 1:30 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 102
3-0. 103
104
Request to Use Carmel Clay Veterans’ Memorial; Gold Star Family Luminary Night at the Reflecting Pool; 105
September 25, 2022; 6:00 PM – 10:00 PM; Board Member Burke moved to approve. Board Member Watson 106
seconded. Request approved 3-0. 107
108
Request to Use Palladium Patio; Harmon / Newman Wedding Ceremony; September 2, 2022; 3:00 PM – 6:00 109
PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 110
111
Request to Use Palladium Patio; Liu / Sale Wedding Ceremony; September 4, 2022; 4:00 PM – 7:00 PM; Board 112
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 113
114
OTHER 115
116
Resolution BPW 07-20-22-03; A Resolution of the City of Carmel Board of Public Works and Safety 117
Acknowledging Presentation of Pistol and Badge for Master Patrol Officer Scott L. Moore; Board Member Burke 118
moved to approve. Board Member Watson seconded. Request approved 3-0. 119
120
Request for Dedication and Deed of Public Rights-of-Way; 106th & College Roundabout - Parcels 9 and 9A; 121
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 122
123
Request for Curb Cut; 4608 Somerset Way South; Board Member Burke moved to approve. Board Member 124
Watson seconded. Request approved 3-0. 125
126
Request for Parking Space / Sidewalk Closure; 1111 W. Main Street; Olivia on Main Apartments; Board Member 127
Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 128
129
Request for Grant of Perpetual Storm Water Quality Management Easement; Kutanovski, Property Owners; 130
11621 Williams Creek Drive; Board Member Burke moved to approve. Board Member Watson seconded. Request 131
approved 3-0. 132
133
Request for Secondary Plat; Ambleside, Section 1B; Board Member Burke moved to approve. Board Member 134
Watson seconded. Request approved 3-0. 135
136
ADJOURNMENT 137
138
Mayor Brainard adjourned the meeting at 10:09 a.m. 139
140
141
APPROVED: ____________________________________ 142
Sue Wolfgang – City Clerk 143
144
_____________________________________ 145
Mayor James Brainard 146
ATTEST: 147
__________________________________ 148
Sue Wolfgang – City Clerk 149
CzKpoPcfsmboefsbu23;3:qn-Kvm24-3133
CzTfshfzHsfdivlijobu3;66qn-Kvm29-3133
Dillon Construction Group Date: June 6, 2022
6828 Hillsdale Court
Indianapolis, IN46250
Project Name: Carmel Data Center
ERMCO is pleased toprovide our proposal for adding 30 feetof6”x4” tray.
SCOPE CLARIFICATIONS
1. Provide and 30 feet of 6”x4” tray.
2. Tray willbeCablofil tomatch the existing.
3. Includes wall mounts and splice fittings.
4. Does not include sales tax of7%.
PRICING SUMMARY
Provide andinstall added cable tray. $1,530.00
We sincerely hope this quotation will allow ustobeofservice toyou and yourcompany. Ifwe may beoffurther
assistance, please feel free to contact me.
Thank you,
JCainM. Grocox
Account Executive
Office (317) 423-3824
Cell (317) 517-0830
cgrocox@ermco.com
Thisquotationmaybeconsideredfirmforaperiodofthirty (30) days, thereaftersubjecttoreview. Thisquotationisbasedona
normalworkweek, MondaythroughFriday7:00A.M. to3:30P.M. (unlessotherwisenoted). Thisisadirectcostquotation. It
doesnotincludepotentialimpactcostsorotherexpensesattributivetodelaysand/oradditionaltimeinconnectionwiththis
change, eitherindividuallyorinconjunctionwithotherchanges. Therightstosuchcompensationtogetherwithadjustmentsto
contracttimearefullyreserved. Retainagelimitedtoamountspecifiedinprojectdocuments. ProgressivePaymentsimplied
unlessotherwisenoted. Pleasenotethatnoactionwillbetakenuntilourofficereceiveswrittenauthorization.
Dillon Construction Group Date: May 17, 2022
6828 Hillsdale Court
Indianapolis, IN46250
Project Name: Carmel Data Center
ERMCO is pleased toprovide our proposal for adding spill outs forthe elevation ofthe tray.
SCOPE CLARIFICATIONS
1. Provide and install spill outand brackets forthe tray.
2. Tray willbeCablofil tomatch the existing.
3. Includes wall mounts and splice fittings.
4. Does notinclude sales tax of7%.
PRICING SUMMARY
Provide and spill outs only inthegarage area. $350.00
We sincerely hope this quotation will allow ustobeof service toyou and your company. Ifwe may beoffurther
assistance, please feel free to contact me.
Thank you,
JCainM. Grocox
Account Executive
Office (317) 423-3824
Cell (317) 517-0830
cgrocox@ermco.com
Thisquotationmaybeconsideredfirmforaperiodofthirty (30) days, thereaftersubjecttoreview. Thisquotationisbasedona
normalworkweek, MondaythroughFriday7:00A.M. to3:30P.M. (unlessotherwisenoted). Thisisadirectcostquotation. It
doesnotincludepotentialimpactcostsorotherexpensesattributivetodelaysand/oradditionaltimeinconnectionwiththis
change, eitherindividuallyorinconjunctionwithotherchanges. Therightstosuchcompensationtogetherwithadjustmentsto
contracttimearefullyreserved. Retainagelimitedtoamountspecifiedinprojectdocuments. ProgressivePaymentsimplied
unlessotherwisenoted. Pleasenotethatnoactionwillbetakenuntilourofficereceiveswrittenauthorization.
CzTfshfzHsfdivlijobu3;66qn-Kvm29-3133
P.O. Box229
5448W. SR132
PendletonIN46064
Phone 765.778.7588
Fax 765.778.7589
REQUEST FOR
CHANGE ORDER
TO:DillonConstruction RFCO #CARMITEL-02
6828HillsdaleCt Date:May2, 2022
Indianapolis, IN46250
ATTN:RJBeckerich ArchitectName:KBSO
PROJECT:CarmelDatacenter ArchitectProject #21011
OWNER:Cityofcarmel SpecSection, Page #
CONTRACTOR:Dillon Sheet #, Detail #
SUBCONTRACTOR:FredericksInc
Item #Qty.DESCRIPTIONUnit CostTotalCharge
1ASI05 Installkeypadrough-in $75.00
2ASI05Installtwofirealarmstroberough-in $150.00
3ProvideCTcabinetforelectricalservice. $1,900.00
Subtotal$2,125.00
SalesTax
Shipping
TOTAL CHANGE ORDER REQUEST$2,125.00
SUBMITTED BY:BrandonFilbrun
TITLE:Projectmanager
ACCEPTED BY:
TITLE:
POBox229 - 5448WestSR132, PendletonIN46064 (765) 778-7588 Fax (765) 778-7589
CzTfshfzHsfdivlijobu5;44qn-Kvm37-3133
Michael Burns
Accounting Director
3 3 08 8 87 4 8
7/26/2022
CzTfshfzHsfdivlijobu:;52bn-Kvm38-3133
LITHKO Restoration Technologies, LLC
Street Department - 2022
Appropriation #1206 101 43-509.00, 1801 0 44-608.84 2021 TIF Bonds, 902 902 44-608.84 Carmel Redevelopment Fund;
P.O. #’s106662, 106668, 106669
Contract Not To Exceed $1,122,577.99
upon City’s stated use and are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property to the extent caused from Vendor’s provision of Goods
and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, to the extent caused by any act or omission of Vendor and/or of any of Vendor’s agents,
S:\\Contracts\\Departments\\Street\\2022\\LITHKO Restoration Technologies, LLC Goods and Services.docx:7/26/2022 2:01 PM\]
2
LITHKO Restoration Technologies, LLC
Street Department - 2022
Appropriation #1206 101 43-509.00, 1801 0 44-608.84 2021 TIF Bonds, 902 902 44-608.84 Carmel Redevelopment Fund;
P.O. #’s106662, 106668, 106669
Contract Not To Exceed $1,122,577.99
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\LITHKO Restoration Technologies, LLC Goods and Services.docx:7/26/2022 2:01 PM\]
3
LITHKO Restoration Technologies, LLC
Street Department - 2022
Appropriation #1206 101 43-509.00, 1801 0 44-608.84 2021 TIF Bonds, 902 902 44-608.84 Carmel Redevelopment Fund;
P.O. #’s106662, 106668, 106669
Contract Not To Exceed $1,122,577.99
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 itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: LITHKO Restoration Technologies, LLC
990 N Main Street
PO Box 569
Monroe, Ohio 45050
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Departments\\Street\\2022\\LITHKO Restoration Technologies, LLC Goods and Services.docx:7/26/2022 2:01 PM\]
4
LITHKO Restoration Technologies, LLC
Street Department - 2022
Appropriation #1206 101 43-509.00, 1801 0 44-608.84 2021 TIF Bonds, 902 902 44-608.84 Carmel Redevelopment Fund;
P.O. #’s106662, 106668, 106669
Contract Not To Exceed $1,122,577.99
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
freely, voluntarily, and without any duress, undue influence or coercion.
27. IC 5-16-13.
The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference.
28. DEBARMENT AND SUSPENSION
28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
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5
LITHKO Restoration Technologies, LLC
Street Department - 2022
Appropriation #1206 101 43-509.00, 1801 0 44-608.84 2021 TIF Bonds, 902 902 44-608.84 Carmel Redevelopment Fund;
P.O. #’s106662, 106668, 106669
Contract Not To Exceed $1,122,577.99
Vendor.
28.2 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.
29. IRAN CERTIFICATION.
Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in
investment activities within the Country of Iran.
29. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire
agreement between Vendor and City 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.
S:\\Contracts\\Departments\\Street\\2022\\LITHKO Restoration Technologies, LLC Goods and Services.docx:7/26/2022 2:01 PM\]
6
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $1,000,000 each employee
Bodily Injury by Accident/Disease: $1,000,000 each accident
Bodily Injury by Accident/Disease: $1,000,000 policy limit
Commercial General Liability:
General Aggregate Limit (other than
Products/Completed Operations): $6,000,000
Products/Completed Operations: $5,000,000
Personal & Advertising Injury
Each Occurrence Limit: $5,000,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Injury and Property Damage: $5,000,000 each occurrence
Umbrella Excess Liability
If a commercial umbrella liability policy is used to satisfy the minimum limits of liability
requirements, the combined limits must equal these minimum limits of liability.
7/6/2022
LRT RESTORATION TECHNOLOGIES
PO BOX 569
MONROE, OH 45050 -
106662
990 N MAIN ST
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
376617
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
67151
1206Department:101Fund:General Fund
43-509.00Account:
Sophia SquareWaterproofing1 $500,000.00 $500,000.00Each
500,000.00SubTotal
500,000.00
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 LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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. 106662
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
7/7/2022
LRT RESTORATION TECHNOLOGIES
PO BOX 569
MONROE, OH 45050 -
106668
990 N MAIN ST
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
Sophia Square waterproofing
Redevelopment Department
30 W Main Street, Suite 220
Carmel, IN 46032-
317) 571-2788
376617
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Micheal Lee
67183
1801Department:0Fund:2021 TIF Bonds
44-608.84Account:
Sophia Squarewaterproofing1 $200,000.00 $200,000.00Each
200,000.00SubTotal
200,000.00
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 LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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. 106668
ORDERED BY
TITLE
CONTROLLER
Redevelopment Department
30 W Main Street, Suite 220
Michael Lee
Carmel, IN 46032-
Henry Mestetsky Henry Mestetsky
317) 571-2788
Director Director
7/7/2022
LRT RESTORATION TECHNOLOGIES
PO BOX 569
MONROE, OH 45050 -
106669
990 N MAIN ST
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
Sophia Square waterproofing
Redevelopment Commission
1 Civic Square
Carmel, IN 46032-
317) 571-2788
376617
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Micheal Lee
67187
902Department:902Fund:Carmel Redevelopment Fund
44-608.84Account:
Sophia Squarewaterproofing1 $422,577.99 $422,577.99Each
422,577.99SubTotal
422,577.99
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 LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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. 106669
ORDERED BY
TITLE
CONTROLLER
Redevelopment Commission
1 Civic Square
Micheal Lee
Carmel, IN 46032-
Henry Mestetsky Henry Mestetsky
317) 571-2788
Director Director
CzTfshfzHsfdivlijobu2;57qn-Kvm33-3133
Exhibit A
NELSON ALARM
th2602East55Street
Indianapolis, IN 46220
317)255-2125
STANDARD COMMERCIALSECURITY AGREEMENT
802:03133Date:
DjuzpgDbsnfm428.682.36:1428.821.7256Subscriber's Name: Telephone No.:Mobile Phone No:___________________
TffTdifevmf.BgpsMjtupgMpdbujpot umvdlptljAdbsnfm/jo/hpwAddress: Email Address: ______________________________________
1.NELSON ALARM (hereinafter referred to as “NA” or "ALARM COMPANY") agrees to sell,install,and program at Subscriber's premises, and
Subscriber agrees to buy, an electronic security and or fire alarm system, consisting of equipment and materials listed in Schedule of Equipment
1/11PurchasePrice: $ _________ **Plus Applicable Taxes and Fees, Price Includes Installation
1/111/11DownPayment:$_________ **Balance due upon completion of installation: $
2.DESCRIPTION OFMONTHLYSERVICES:CHECK BOX FOR APPROPRIATEMONTHLYSERVICESAND CHARGESFOR THE
SECURITY SYSTEM:Only services selected areincluded
Central Station MonitoringviaLand Line Intrusion Fire Panic
56/11 ooooCentralStationMonitoringviaCellularCommunicatorIntrusionFire Panic
8/11 ooAddRemoteAlarmAccessandAutomationTotal Connect Alarm.com
31/11o Add Elevator Monitoring
Add Proactive Video Monitoring
Add Alarm Video Verification
Add VideoAccess and DataStorage
Add Remote Access Control Administration
38/11 Add Service ContractforComponents underSchedule ofEquipmento
Jodmvefeo$____________ Add Annual Equipment Inspection - Inspection services includetesting of all accessible components to insure proper
working orderat timeof inspection unless otherwise reported toSubscriber at time of inspection. Inspection does not
include repair and only one scheduled inspection is included per annum.
3-656/11SubscriberagreestopayNAthesumof$_____________________,plusapplicabletaxand fees,per month,payable three(3) monthsin
advanceforthemonitoring of theSecuritySystemand other applicable servicescheckedabove,fortheoriginaland renewaltermof this agreement.
3.PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF NA:Provided Subscriber performs this agreement for the full term thereof, upon
termination NAshall at its option provide to Subscriber the passcode tothe CPU software or change the passcode to the manufacturer's default code.
Software programmed by NA is the intellectual property of NAand any unauthorized use of same, including derivative works, is strictly prohibited and may
violate Federal Copyright laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. The Equipment shall remain
personal property and shall not be considered a fixture, oran addition to, alteration, conversion, improvement, modernization, remodeling, repair or
replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by NA.NA’ssigns and decals
remain the property of NA.
4.TERM OF AGREEMENT/RENEWAL: The term of this agreement shall be for a period of ()years and shall automatically renew year to
yearthereafter under the same terms and conditions, unless either party gives written notice to the other bycertified mail, return receipt requested, of their
intention not to renew theagreementat least 30 days prior to the expiration of any term. After the expiration ofone year from the date hereof NAshall be
permitted from time to time to increase all charges by an amount not to exceed percent each year and Subscriber agrees topay such increase.
5.CENTRAL OFFICE MONITORING:Upon receipt of a signal from Subscriber’s alarm or video system,NAor its designee central office shall make
every reasonable effort to notify Subscriber and the appropriate municipal police or fire departmentdepending upon the type of signal received. Not all
signals will require notification to the authorities and Subscribermay obtain a written response policy from NA. With the exception of afire system, no
response shall be required for supervisory, loss of communication pathway, trouble or low battery signals.Subscriber acknowledges that signals
transmittedfrom Subscriber's premises directly to municipal police or fire departments are not monitored by personnel ofNAorNA's designee central
office and NAdoes not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber
acknowledges that signals which are transmitted over telephone lines, wire, airwaves, internet, VOIP, radio or cellular, or other modes of communication
pass through communication networks wholly beyond the control of NAand are not maintained by NAexceptNAmay own the radio network, and NA
shall not be responsible for any failure which prevents transmission signals from reaching the central office monitoring center ordamages arising therefrom,
or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish NA
witha written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification ofalarm signals. Unless otherwise
provided intheCall List NAwill make a reasonable effort to contact via telephone call, text or emailmessage. No more than one call tothe list
shallberequiredandanyformofnotificationprovidedforherein,includingleavingamessageonanansweringmachine,shallbedeemed
reasonable compliance with NA’s notification obligation. All changes and revisions shall be supplied to NAin writing. SubscriberauthorizesNAto access
the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting central
Page1of6
office to monitor video or sound then upon receipt of an alarm signal central office shall monitor video or soundfor so long as central office in its sole
discretion deems appropriate to confirm an alarm condition. If Subscriber requests NAto remotely activate or deactivate the system, change combinations,
openings or closings, or re-program system functions, Subscriber may be responsible for additional fees for each such service. NAmay, without prior
notice, suspend or terminate its services, in central office’ssole discretion, in event of Subscriber’s default in performance of this agreement or in event
central office facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms.Central office is
authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner ofsuch property.NAshall
have no liability forexcessive data usage expense incurred by Subscriber attributable to the equipment orservices provided herein. All Subscriber
information and data shall be maintained confidentially by NA.
6.SERVICE:NA shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 8 a.m.and 5
p.m. Monday through Friday, within reasonable time after receiving notice from subscriber that service is required, exclusive of Saturdays, Sundays and
legal holidays. No apparatus or device shall beattached to or connect with the security system as originally installed without NA's written consent.
Subscriber agrees to pay NA on aper call basis; labor, parts and materials for all repairs and service work.
7.SERVICE CONTRACT:Service Contract if selected in section 2 of this agreement covers parts and labor costs to repair equipment or components
that fail to properly operate due to defect in materials and workmanship. All repairs, replacement or alteration tothe security system made by reason of
alteration to Subscriber'spremises, or caused by unauthorized intrusion, acts of nature, lightning or electrical surge, or caused byany means other than
normal usage, wear and tear, shall be made at the cost ofthe Subscriber. Software upgrades, communication devices no longer supported by
communication pathways, obsolete components and components exceeding manufacturer’s useful life are not covered by the Service Contract and will
be repaired or replaced atSubscriber’s expense. No apparatus or device shall be attached to or connect with the security system as originally installed
without NA's written consent.
8.SUBSCRIBER REMOTE ACCESS:Ifselected as a service tobe provided in section 2 of this agreement and services provided by NA, the
equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote pendant supplied byNAor
Subscriber’s Internet or wireless connection device which iscompatible with NA’sremote services. NAwill grant access to server permitting Subscriber
tomonitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other
remote automation devices that may be installed. The remote services server is provided either by NAor a third party. NAshall install the camera(s) in a
permissible legal location in Subscriber’s premises to permit Subscriber viewing. NAshall have no responsibility for failure of data transmission, corruption
or unauthorized access and shall not monitor or view the camera data.NAshall have no liability for excessive data usage expense incurred by Subscriber
attributable to the equipment or services provided herein. Electronic data may not be encrypted and wireless components ofthe alarm system may not
meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute ofStandards and Technology
andNAshall have noliability for access to the alarm system by others.
9.WIRELESS AND INTERNET ACCESS CAPABILITIES:Subscriber is responsible for supplying high speed Internet access and or wireless
services at Subscriber’s premises.NAdoes not provide Internet service, maintain Internet connection,wireless access orcommunication pathways,
computer, smart phone, electric current connection or supply, orin all cases the remote video server. In consideration of Subscriber making its monthly
payments for remote access to the systemNAwill authorize Subscriber access. NAis not responsible for Subscriber’s access to the Internet or any
interruption ofservice or down time ofremote access caused by loss of Internet service, radio or cellular or any other mode ofcommunication used by
Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes ordevices used for access
are lost or accessed by others and NAshall have no liability for such third-partyunauthorized access. NAis not responsible for the security or privacy of
any wireless network system or router.Wireless systems can be accessed by others, and it is the Subscriber's responsibility tosecure access to the
system with pass codes and lock outcodes.NAis not responsible for access to wireless networks ordevices that may not be supported by communication
carriers and upgrades to Subscriber’s system will be at Subscriber’s expense.
10.ACCESS CONTROL ADMINISTRATION:Ifselected as a service to be providedin section 2 of this agreement,NAwill maintain the data base
for the operation of the Access Control System. Subscriber will advise NAof all change in personnel and or changes access levels of authorization and
restrictions, providing Access cardserial numbers or biometric data and such information that Subscriber deems necessary to identify personnel. All
communication by Subscriber to NAregarding personnel access must be in writing via email or fax to addresses designated by NA.NAshall have remote
Internet access to the Subscriber’s designated access control computer to program and make data base updates to the systemwithin 24 business hours.
Subscriber is responsible for maintaining its computer and computer network and Internet access.
11.ACCESS CONTROLSYSTEM OPERATION AND LIMITATIONS:If selected as a service to be provided in section 2 of this agreement, Access
Control equipment shall be connected to a computer supplied by the Subscriber and connected to Subscriber’s computer network.NAshall have no liability
for data corruption or inability to retrieve data even if caused by NA’s negligence. Subscriber’s data shall bemaintained confidential and shall beretrieved
and released only to Subscriber or upon Subscriber’s authorization or by legal process. Internet access is not provided byNAandNAhas noresponsibility
for such access or IP address service. NAshall have no liability for unauthorized access to the system through the Internet or other communication
networks or data corruption or loss forany reason whatsoever.
12.VIDEO SYSTEM OPERATION AND LIMITATIONS:If selected as a service to be provided and included in the Schedule of Equipment and
Services, Video equipment is attached to a network video recorderand Subscriber shall not use thenetwork video recorder for any other purpose.
Subscriber shall bepermitted to access and make changes to the system’s operation on site and over the internet. If data storage is selected service, NA
shall store data received from Subscriber’s system on active Subscriber accountsonly or during the contracted term. NAshall have no liability for data
corruption or inability to retrieve data even if caused by NA’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and
released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access isnot provided by NAandNAhas no
responsibility for such access or IP address service. Ifsystem has remote access NAis not responsible for the security or privacy of any wireless network
system or router, and itis the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. NAshall have no liability for
unauthorized access to the system through the internet or other communication networks or data corruption or loss forany reason whatsoever.
LIMITED WARRANTY ON SALE
13.In the event that any part of the security system becomes defective, or in the event that any repairs are required, NAagrees to make all repairs
and replacement of parts without costs to the Subscriber fora period of one (1) year from the date of installation. NAreserves the option to either replace
orrepair the alarm equipment, and reserves the right to substitute materials of equal quality at time ofreplacement, or to use reconditioned parts in
fulfillment of this warranty. This warranty does notinclude batteries, electrical surges, lightningdamage, software upgrades and repairs, communication
devices that are no longer supported by communication pathways, obsolete components,components exceeding manufacturer’s useful lifeand failure
due to act of nature.NAis not the manufacturer of the equipment and other than NA’s limited warranty Subscriber agrees to look exclusively to the
manufacturer of the equipment for repairs under its warranty coverage if any.Except as set forth in this agreement, NAmakes 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 security system may not be compromised or circumvented, or that the system will prevent any loss by burglary,
hold-up, fire or otherwise; orthat the system will in allcases provide the protection for which itis installed. NAexpressly disclaims any implied warranties,
including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment
caused byaccident, misuse, attempted or unauthorized repair service, modification, or improper installation byanyone other than NA. NAshall not be
liable forconsequential damages. Subscriber acknowledges that any affirmation of fact or promise made by NAshall not be deemed to create an express
warranty unless included in this agreement in writing; that Subscriber isnot relying on NA's skill or judgment in selecting or furnishing a system suitable
Page2 of6
for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and thatNAhas offered additional
and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for NA's breach of this
agreementor negligence to any degree under this agreementis to require NAto repair or replace, at NA's option, any equipment which is non-operational.
This Limited Warranty is independent of and in addition to service contracted under paragraph 3(d)(ii) of this agreement. This Limited Warranty gives you
specific legal rights and you may also have other rights which vary from state to state. If required by law, NAwill procure all permits required by local law
and will provide certificate of workman's compensation prior to starting work.
GENERAL PROVISIONS
14.FIRE ALARMS: Unless a Fire Alarm System to Code is selected to be installed, NA makes no representation that the fire alarm detection
equipment meets local code, fire department or any Authority Having Jurisdiction \[AHJ\] requirements, and itis not NA’S responsibility to apply for any
permits or fees in connection with such equipment. The law requires and NA recommends that Subscriber install a Fire Alarm System to code with
plans and specifications filed with AHJ, properly permitted, inspected and approved by AHJ. Subscriber represents that existing fire alarm system is
approved by AHJ and that any repairs or replacement parts installed by NA are not additional equipment which would require AHJ approval.
15.DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: NAshall not be liable forany damage or loss sustained by Subscriber
asa result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs,
war, acts of nature, or other causes, including NA's negligence or failure to perform any obligation. The estimated date work is to be substantially completed
is not a definite completion date and time is not of the essence. In the eventthe work is delayed through no fault of NA,NAshall have such additional time
for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay NAthe sum of $1,000 per day for each business
day the work is re-scheduled or delayed by Subscriber or others engaged by Subscriber through no fault of NAon less than 24-hournotice to NA. If
installation is delayed formore than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of NA,
Subscriber agrees topay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk ofloss ofmaterial once delivered
to the job site.
16.TESTING OF SECURITY SYSTEM:Security System, once installed, is in the exclusive possession and control of the Subscriber, and it is
Subscriber'ssole responsibility to test the operation of the Security System and to notify NAif it is in need of repair. Service if provided is pursuant to
paragraph 3.
17.CARE AND SERVICE OF SECURITY SYSTEM:Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System
which shall remain in the same location as installed.All repairs, replacement or alteration to the security system made by reason of alteration to
Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, orcaused by any means other than normal usage, wear and tear,
shall be made at the cost of the Subscriber. Batteries, electrical surges, lightningdamage, software upgrades and repairs, communication devicesthat
are nolonger supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in
warranty orservice under paragraph 6 and will be repaired or replaced at Subscriber’s expense. No apparatus or device shall be attached to or connect
with the security system as originally installed without NA's written consent.
18.ALTERATION OF PREMISES FOR INSTALLATION: NAis authorized to make preparations such as drilling holes, driving nails, making
attachments ordoing any other thing necessary in NA's sole discretion for the installation and service of the security system, andNAshall not be
responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that
the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.
19.SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE:Subscriber agrees to furnish, at Subscriber's expense, all 110
Volt AC power, electrical outlet,dedicated receptacle, Internet connection, high speed broadband cable orDSL and IP Address, telephone hook-ups,
RJ31x Block orequivalent, as deemed necessary by NA.
20.LIEN LAW:NAor any subcontractor engaged by NAto perform the work or furnish material who is not paid may have a claim against purchaser
orthe owner ofthe premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.
21.INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS:Subscriber 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 Subscriber, 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-partybeneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation
Subscriber's insurance carrier may otherwise have against NAor NA's subcontractors arising out of this agreement or the relation of the parties hereto.
Subscriber shall not be permitted toassign this agreement without written consent of NA. NAshall have the right to assign this agreementand shall be
relieved of any obligations herein upon such assignment.
22.EXCULPATORY CLAUSE:NAand Subscriber agree that NAis not an insurer and no insurance coverage is offered herein. The security
equipment and NA’sservices are designed toreduce certain risks of loss, though NAdoes not guarantee that no loss will occur. NAis not assuming
liability, and, therefore, shallnot be liable to Subscriber for any loss, data corruption or inability to retrieve data, personal injury or property damage
sustained by Subscriber as aresult of intrusion, burglary, theft, hold-up, fire, equipment failure, smoke, or any other cause whatsoever, regardless of
whether ornot such loss or damage was caused by or contributed to by NA’s negligent performance toany degree infurtherance of this agreement, any
extra contractual or legal duty,strict products liability, or negligent failure toperform any obligation pursuant to this agreementor any other legal duty.In
the event ofany loss orinjury to any person or property, Subscriber agrees to look exclusively to Subscriber’s insurer to recover damages. Subscriber
releases NAfrom any claims for contribution, indemnity or subrogation.
23.INSURANCE:The Subscriber shall maintain a policy ofpublic liability, property damage, burglary and theft insuranceunder which NA isnamed
as additional insured. NAshall 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 tolook 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 andall those claiming rights
under Subscriber waiveall rights against NAand its subcontractors for loss or damages caused by burglary, theft, water, smoke, fire or other perils
intended tobe detected bythe security services or covered byinsurance to be obtained by Subscriber, except such rights as theymay have to the proceeds
of insurance.
24.LIMITATION OF LIABILITY:Subscriber agrees that should there arise any liability on the part of NAas a result of NA's negligent performance
to any degree or negligent failure to perform any of NA's obligations pursuant to this agreementor any other legal duty, 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 or 6times the aggregate of monthly payments forservices being
provided attime of loss, whichever is greater. If Subscriber wishes to increase NA's amount of limitation of liability, Subscriber may, as a matter of right,
at any time, by entering into a supplemental agreement, obtain a higher limit by paying an annual payment consonant with NA's increased liability. This
shall not beconstrued as insurance coverage.
25.LEGAL ACTION: The parties agree that due to the nature of the services to beprovided by NA, the monthly or other periodic payments to be
made by the Subscriber for the term of this agreementform an integral part of NA's anticipated profits; that in the event of Subscriber's default itwould be
difficult if not impossible to fix NA's actual damages. Therefore, in the event Subscriber defaults in thepayment or any charges to be paid to NA, the
balance of all payments forthe entire term herein shall immediately become due and payable, and Subscriber shall be liable for 80% thereof as liquidated
damages and NAshall be permitted to terminate all itsservices, including but not limited to terminating monitoring service, under this agreement and to
remotely re-program ordelete any programming without relieving Subscriber of any obligation herein.
Page3 of6
If NAprevails inany litigation orarbitration between the parties, Subscriber shall pay NA’s legal fees. In any action commenced by NAagainst
Subscriber, Subscriber shall not be permitted to interpose any counterclaim. The parties agree that they may bring claims against the other only in their
individual capacity, and not as a class actionplaintiff or class action member inany purported class or representative proceeding.Subject toSubscriber’s
right to bring any claim against NAfor up to $1,000 insmall claims court having jurisdiction, anydispute between the parties or arising out ofthis agreement,
including issues of arbitrability, shall, at the option of any party, be determined by arbitration before a single arbitrator administered by Arbitration Services
Inc., under its Arbitration Rules www.ArbitrationServicesInc.com, except that no punitive damages may be awarded. Service of process or papers in any
legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address
in this agreement or another address provided by the party in writing to the party making service. Subscriber submits to thejurisdiction and laws ofIndiana
and agrees that any litigation or arbitration between the parties must be commenced and maintained in the county where NA’s principal place of business
is located. The parties waive trial by jury in any action between themunless prohibited by law. Any action by Subscriber against NAmust be commenced
within one year of the accrualof the cause ofaction or shall be barred. All actions or proceedings against NAmust be based on the provisions of this
agreement. Any other action that Subscriber may have orbring against NAin 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, and this consent to arbitrate shall survive the termination
of this agreement.
26.NA'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that NAis authorized and permitted to subcontract any services
to be provided by NAto third parties who may be independent of NA, and that NAshall not be liable for any loss or damage sustained bySubscriber by
reason offire, theft,burglary or any other cause whatsoever caused by the negligence of third parties.Subscriber appoints NAto act as Subscriber’s
agent with respect to such third parties, except that NAshall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges
that this agreement, and particularly those paragraphs relating to NA's disclaimer of warranties, exemption from liability, even for its negligence, limitation
of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors,manufacturers, vendorsand central offices of
NA.
27.FALSE ALARMS / PERMIT FEES:Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required
by applicable law and indemnify or reimburse NAfor any fines relating to permits or false alarms. NAshall have noliability for permit fees,false alarms,
false alarm fines, police orfire response, any damage to personal orreal property or personal injury caused by police or fire department response to alarm,
whether false alarm or otherwise, orthe refusal of the police or fire department to respond. In the event of termination of police or fire response bythe
municipal police or fire department this agreementshall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for
herein. Should NAbe required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of
this agreement Subscriber agrees to pay NAfor such service or material.
28.CREDIT INVESTIGATION:Subscriber and any guarantor authorize NAto conduct credit investigations from time to time to determine
Subscriber’s and guarantor’s credit worthiness.
29.FULL AGREEMENT / SEVERABILITY:This agreement along with the Schedule of Equipment constitutes the full understanding of the parties
and may not beamended, modified or canceled, except in writing signed byboth parties, except NA’s requirements regarding items of protection provided
for in this agreement imposed by Authority Having Jurisdiction. Subscriber acknowledges and represents that Subscriber has not relied on any
representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby
waives all rights and remedies, at law or inequity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion,
guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document, agreement, purchase
order or understanding between the parties, the terms of this agreement shall govern. Should any provision ofthis agreementbe deemed void, the
remaining parts shall notbeaffected.
SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPYOF THIS6 PAGE
AGREEMENT,SCHEDULE OF EQUIPMENT AT TIME OF EXECUTION.
NELSON ALARM: SUBSCRIBER:
SJMPreparedBy:Printed Name: _____________________________________
Approved By: ________________________________Signature: __________________________________________
Date: _______________________________________Date:______________________________________________
BILL TO ADDRESS:ACH AUTHORIZATION:
thSameasServiceLocationIauthorizeNAtochargemybankaccountindicatedbelowonthe10
ofeachquarterfor advancepayment of mycentral
Address: ___________________________________station monitoring and applicableserviceschecked in section2 of this
agreement.
City, State, Zip: ______________________________
Check thisboxoincludefuturerepairsandupgrades.
Subscriberinitials___________.
ACCOUNTS PAYABLE CONTACT:
Name onAcct:___________________________________________
Name: _____________________________________
Bank Name: _____________________________________________
Phone: _____________________________________
Routing#: ______________________________________________ Email: _____________________________________
Account#:_______________________________________________
Bank City / State: _________________________________________
Page4 of6
Schedule of Equipment
Subscriber DetailsCurrent Layout
Subscriber Name: _____________________________________________Existing Alarm Panel Type: __________________________
New Install New Takeover Existing Upgrade Communicator: Land Line Cellular Internet
Reconnect Existing Devices
Lead Source: Structure: Strip Center Single Building Complex
Ceiling Type: Hard Drop Tile AtticAdvertismentColdCallExpansionReferral
Wiring/Cabling Complexity: Low MediumDirectMarketingFamilyandFriendReconnectionHigh
EquipmentRequired
QTYDESCRIPTIONHW/WLDEVICE LOCATION
ADDITIONAL INFORMATION:
SfwjtfeDjuzpgDbsnfmNbtufsBhsffnfou/
TffTdifevmf.Bgpsbqqmjdbcmfmpdbujpot-tfswjdftboenpouimzdibshft/
Page5of6
Schedule of Equipment (Continued)
QTY DESCRIPTION HW / WL DEVICE LOCATION
Page6of6
8585858585858585858585858585858585858585858585858585105105125
2,545
TotalCost
3333333333333333333333333333333333333333333333333333333333
957
ServiceContractIncl. Inspection0000000000000000000000000002040 60
ElevatorMonitoring
20 20
Fire MonitoringIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl.w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/BurgIncl. w/Burga {C77777777777777777777777777777
203
TotalConnect
4545454545454545454545454545454545454545454545454545454545
1,305
BurglarMonitoring
AvenueSW, Carmel, IN46032rd
Address12120BrookshireParkway, Carmel, IN460333CivicSquare, Carmel, IN460321CivicSquare, Carmel, IN4603250RedTruckRd, Carmel, IN46032210VeteransWay, Carmel, IN46032481GradleDrive, Carmel, IN4603247538913rdAvenueSW, Carmel, IN460322CivicSquare, Carmel, IN460323610West106thStreet, Carmel, IN460323242East106Street, Carmel, IN460335032EastMainStreet, Carmel, IN4603310701NorthCollegeAvenue, SuiteABCD, Indianapolis, IN46280540West136thStreet, Carmel, IN460324925East106thStreet, Carmel, IN460339609HazelDellParkway, Carmel, IN46280311stAvenueNW, Carmel, IN460323CivicSquare, Carmel, IN460323400West131stStreet, Carmel, IN46074580Veteran'sWay, Suite100, Carmel, IN460324925East106thStreet, Carmel, IN460333400West131stStreet, Carmel, IN4607413404OldMeridianStreet, CarmelIN460324733rdAvenueSW, Carmel, IN4603230WestMainStreet, Suite200/220,Carmel, IN460323450West131stStreet, Carmel, IN460744915E. 106thStreet, Carmel, IN460334425East126thStreet, Carmel, IN4603310675NorthGrayRoad, Carmel, IN46033_________________________
LocationNameBrookshireGolfClubCID/SIDCityHallCivicSquareParkingGarageCommunityCenterFireDepartmentCourtDataCenterEnergyCenterFireDepartment341FireDepartment342FireDepartment343FireDepartment344FireDepartment345 & ClayTownshipTrusteeOfficesFireDepartment346FireDepartmentTrainingCtrGunRangeICSBuildingPoliceDeptPoliceMaintenance GarageRedevelopmentCommissionSaltBarnStreetDeptTempFireMuseumTowerSiteUtilities/ CRCUtilities/ WaterDepartmentWaterPlant #1WaterPlant #3WaterPlant #4 NASignature: ___________________________________________NAPrintedName:_____________________________________________SubscriberSignature: __________________________________________SubscriberPrintedName: ___________________________________________
123456789 1011121314151617181920212223242526272829Schedule - ARevision7/19/2022
CzTfshfzHsfdivlijobu:;47bn-Kvm38-3133
Ott Equipment Service, Inc.
Street Department - 2022
Appropriation #2201 2201 44-670.99 Motor Vehicle Highway Fund; P.O. #106690
Contract Not To Exceed $54,842.00
AGREEMENT FORPURCHASE OFGOODS ANDSERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES (“Agreement”) is hereby entered into by
and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“City”), and Ott
Equipment Service, Inc. an entity duly authorized to do business in the State of Indiana (“Vendor”).
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same
constitutes its acceptance of all of the Agreement’s terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the “Goods and Services”) from Vendor using City budget
appropriation number 2201 2201 44-670.99 Motor Vehicle Highway funds. Vendor agrees to provide the Goods
and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest
technical and industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall
be no more than Fifty Four Thousand Eight Hundred Forty Two Dollars ($54,842.00) (the “Estimate”).
Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods
and Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same,
so long as and to the extent such Goods and Services are not disputed, are in conformance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained
on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions
of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those
certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City
and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and
that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect.
Vendor acknowledges that it knows of City’s intended use and expressly warrants that the Goods and Services
provided to City pursuant to this Agreement have been selected by Vendor based upon City’s stated use and
are fit and sufficient for their particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same (“Effective
Date”), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\Ott Equipment Service, Inc. Goods and Services.docx:7/25/2022 8:55 AM\]
1
Ott Equipment Service, Inc.
Street Department - 2022
Appropriation #2201 2201 44-670.99 Motor Vehicle Highway Fund; P.O. #106690
Contract Not To Exceed $54,842.00
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision
of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\Ott Equipment Service, Inc. Goods and Services.docx:7/25/2022 8:55 AM\]
2
Ott Equipment Service, Inc.
Street Department - 2022
Appropriation #2201 2201 44-670.99 Motor Vehicle Highway Fund; P.O. #106690
Contract Not To Exceed $54,842.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
S:\\Contracts\\Departments\\Street\\2022\\Ott Equipment Service, Inc. Goods and Services.docx:7/25/2022 8:55 AM\]
3
Ott Equipment Service, Inc.
Street Department - 2022
Appropriation #2201 2201 44-670.99 Motor Vehicle Highway Fund; P.O. #106690
Contract Not To Exceed $54,842.00
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 itis in writing and is delivered by postage prepaid
U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein:
If to City: City of Carmel AND City of Carmel
Street Department Office of Corporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
If to Vendor: Ott Equipment Service, Inc.
517 Herriman Ct
Noblesville, Indiana 46060
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
S:\\Contracts\\Departments\\Street\\2022\\Ott Equipment Service, Inc. Goods and Services.docx:7/25/2022 8:55 AM\]
4
Ott Equipment Service, Inc.
Street Department - 2022
Appropriation #2201 2201 44-670.99 Motor Vehicle Highway Fund; P.O. #106690
Contract Not To Exceed $54,842.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
S:\\Contracts\\Departments\\Street\\2022\\Ott Equipment Service, Inc. Goods and Services.docx:7/25/2022 8:55 AM\]
5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
7/20/2022
OTT EQUIPMENT SERVICE INC
NOBLESVILLE, IN 46060 -
106690
517 HERRIMAN CT
City of Carmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
PURCHASE ORDER NUMBER
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDOR SHIP
TO
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
EXTENSION
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
355371
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
67531
2201Department:2201Fund:Motor Vehicle Highway FND
44-670.99Account:
Portable Rotary Column Lifts (Truck Lifts)1 $54,842.00 $54,842.00Each
54,842.00SubTotal
54,842.00
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 LABEL
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
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. 106690
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
CzTfshfzHsfdivlijobu21;2:bn-Kvm29-3133
Scat, Inc.
Fire Department - 2022
Appropriation # 1120 101 43-509.00 Fund; P.O. #106666
Contract Not To Exceed $3,020.00
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information relating
thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to
City sufficient written warning and notice (including appropriate labels on containers and packing) of any
hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c)
fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not
correct such failure or breach within five (5) business days (or such shorter period of time as is commercially
reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or
dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate
all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies
available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for
any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The
coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its
insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon
request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled
without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for
injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision
of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees,
and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers,
employees, contractors or subcontractors in the performance of this Agreement. These indemnification
obligations shall survive the termination of this Agreement.
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2
Scat, Inc.
Fire Department - 2022
Appropriation # 1120 101 43-509.00 Fund; P.O. #106666
Contract Not To Exceed $3,020.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. E-VERIFY:
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein
as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly
employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation
indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract
for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-
Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana
E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,
terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-
Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect
the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of
a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City’s prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor
under or pursuant to this Agreement
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
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3
Scat, Inc.
Fire Department - 2022
Appropriation # 1120 101 43-509.00 Fund; P.O. #106666
Contract Not To Exceed $3,020.00
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 itis 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
Fire Department Office of Corporation Counsel
10701 N College Avenue, Suite A One Civic Square
Carmel, Indiana 46280 Carmel, Indiana 46032
If to Vendor: Scat, Inc.
PO Box 142
Westfield, Indiana 46074
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the
date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor,
immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or
if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided
hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the
undisputed invoice amount representing conforming Goods and Services delivered as of the date of
termination, except that such payment amount shall not exceed the Estimate amount in effect at the
time of termination, unless the parties have previously agreed in writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice
amount of conforming Goods and Services delivered as of the date of termination, except that such
payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the
parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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4
Scat, Inc.
Fire Department - 2022
Appropriation # 1120 101 43-509.00 Fund; P.O. #106666
Contract Not To Exceed $3,020.00
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor
of such additional goods and services desired, as well as the time frame in which same are to be provided.
Only after City has approved Vendor’s time and cost estimate for the provision of such additional goods and
services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide
such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of
the City’s authorization documents for the purchase of additional goods and services shall be numbered and
attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2022 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement.
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its
subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from entering into this Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or supervisory
responsibilities, or a person who has a critical influence on or substantive control over the operations of the
Vendor.
26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all
subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment,
penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall
immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s
request, take all steps required by the City to terminate its contractual relationship with the subcontractor for
work to be performed under this Agreement.
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5
Exhibit A
EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing
Goods/Services
Date
Goods/
Service
Provided
Goods/Services Provided
Describe each good/service
separately and in detail)
Cost Per
Item
Hourly
Rate/
Hours
Worked
Total
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker’s Compensation & Disability Statutory Limits
Employer’s Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal & Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit (any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
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
IASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO.
7/7/2022 277500
SCAT PEST CONTROL INC.
VENDOR PO BOX 142
WESTFIELD, IN 46074 -
PURCHASE ID BLANKET CONTRACT
67172
QUANTITY UNIT OF MEASURE
Department: 1120 Fund: 101
Account: 43-509.00
General Fund
2 Each CTC Quarter
2 Each Station 41 - Quarter
2 Each Station 42 Quarter
2 Each Station 43 Quarter
2 Each Station 44 Quarter
2 Each Station 45 Quarter
2 Each Station 46 Quarter
Send Invoice To:
Carmel Fire Department
PAYMENTTERMS
DESCRIPTION
Page 1 of 1
PURCHASE ORDER NUMBER
106666
THIS NUMBER MUST APPEAR ON INVOICES, A/P
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Pest Control - Quarterly Service - All Stations + CTC
Carmel Fire Department
SHIP 10701 N. College Avenue, Ste A
TO
Carmel, IN 46280-
CA A
FREIGHT
UNIT PRICE
205.00
255.00
230.00
180.00
230.00
180.00
230.00
Sub Total
EXTENSION
410.00
510.00
460.00
360.00
460.00
360.00
460.00
3,020.00
2 Civic Square `' /,
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $3,020.00
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
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Denise Snyder
TITLE Accreditation/Budget Administrator
CONTROL NO. 106666 CONTROLLER
CITY OF CARMEL, INDIANA
INFORMATION
SPECIAL EVENT / FACILITY USE REQUEST FORM
Contact Person
Email
Phone Number:
Cell Number:
Name/Organization:
Address
Organization Type:
Residency/Location:
Event/Use Purpose:
Event Date End Date
Number of People Expected:
Set-Up Start time
Tear Down End Time
CONTACT INFORMATION:
Jennifer Wilkins
jenw@shred415.com
8474093215
Shred415
City
Carmel
State / Province / Region
IN
Postal / Zip Code
46032
Country
USA
Street Address
11503 Springmill Road
Address Line 2
For-Profit Organization
Do you reside or are you located within the Carmel city limits?
Yes
No
Outdoor workout
8/17/2022 8/17/2022
40
05:00:00 PM
07:00:00 PM
Clerk 7-26-22
BPW 7-29-22
Reviewed/approved via email CPD KEITH 7-18-22 OK
CFD HEAVNER 7-18-22 OK
CRED BREWER 7-22-22 OK
Event Start time:Event end time:
Rehearsal
Rehearsal Date:
Rehearsal
Start Time:
Rehearsal
End Time:
Fees?
Description of Event:
FACILITY (S)
REQUESTS:
VENDORS:
06:00:00 PM 07:00:00 PM
NA
Will a Fee be charged for this event? If yes please describe in narrative below.
YES
NO
Provide a brief description of event
Free outdoor workout
Attach additional pages if needed-SEE BELOW
ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT
CITY FACILITY (S) REQUESTED: Mark all that apply
CARTER GREEN
CIVIC SQUARE FOUNTAIN AREA
CIVIC SQUARE GAZEBO
JAPANESE GARDEN
MONON & MAIN PLAZA
MIDTOWN PLAZA - Events must be free and open to the public.
REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use.
Other
SPECIAL REQUESTS: Mark all that apply
ELECTRICITY
FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO
JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply
N/A
Other
VENDORS: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
VENDORS PRESENT
FOOD SERVED (May be subject to Hamilton County Health Department
inspection.)
ALCOHOL SERVED - Please see Section M under “General Terms and
Conditions” in the special event policy handbook.
N/A
CITY SERVICES NEEDED: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
CITY SERVICES
NEEDED:
Neighborhood
Name/Streets to be closed
UPLOAD MAP
Type of Closure:
Further Info for type of
closure
EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply)
EXTRA PATROL DURING EVENT (when available)
TRAFFIC CONTROL (Extra fees may apply)
ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply)
BARRICADES
NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT)
N/A
Please note the number of NO PARKING SIGNS needed
EVENT SET UP: Mark all that apply
SEE CITY OF CARMEL FACILITY USE POLICY
Stage
Size of Stage
Tent(s) – If you are requesting Midtown Plaza, the exclusive vendor for tent rental
is A-Classic Party Rentals (317-251-7368).
Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571-
2600)
Bounce House
N/A
Other
Name of Merchants(s) doing the setup
Phone Number of Merchant(s) doing set up:
STREET(S) REQUESTED:
SEE CITY OF CARMEL FACILITY USE POLICY
Include addresses as appropriate
An easy to read, color map of the area is required with submission.
Rolling closure
Total closure
Lane restrictions - explain below
Other - explain below
N/A
Explain lane restrictions needed and other needed below:
SECURITY DEPOSIT AND FEE:
A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a
non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must
be received prior to application review or processing.
Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the
Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable
to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032)
The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use
request and/or revoke any previsously granted request to use a City facility for any lawful reason.
DISCLAIMER:
ACKNOWLEDGEMENT AND AGREEMENT
Mayor's Office
ACKNOWLEDGEMENT AND AGREEMENT
TO COMPLY WITH CITY FACILITY USE POLICY
I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms
and conditions set forth therein.
I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for
any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility.
I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and
by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the
Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my
organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees,
agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this
Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned
facility and/or property.
*
GO TO SUBMIT TAB AND CLICK ON SUBMIT
Jennifer Wilkins
Name of Organization/Applicant
Signature of Authorized Agent/Applicant
Jennifer Wilkins / Regional Manager
Printed Name and Title (If applicable)
jenw@shred415.com
Email (Required)
8474093215
Phone Number (Required)
11503 Springmill Road
Carmel, IN 46032
Address of Organization/Applicant
7/15/2022
Date
CITY OF CARMEL USE ONLY
Approved this ______day of _______________, 20
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
___________________________________
James Brainard, Presiding Officer
Date: ______________________________
___________________________________
Mary Ann Burke, Member
Date: ______________________________
___________________________________
Lori Watson, Member
Date: ______________________________
ATTEST:
_____________________
Sue Wolfgang, City Clerk
________________
Date
Special Conditions:__________________________________________________________________
APPLICATION CHECKLIST (for use by City of Carmel)
Checklist
Applicable permit or
approval copies received
Application completed in full
Event narrative description included
Maps attached, if applicable
Vendor list attached, if applicable
Security deposit or event fee received
Certificate of Insurance received
Communication plan to residents and/or businesses and/or copy of email
correspondence to affected parties received
HOA approval received
Hamilton County Health Department
Hamilton County Sheriff
City of Carmel Fire Marshal
City of Carmel Police Department
Carmel Clay Parks & Recreation
SUBMIT
1
RESOLUTION NO. BPW 07-28-22-01
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
DESIGNATING AND APPROVING THE PLACEMENT OF NO PARKING OR IDLING SIGNS
ON CERTAIN CITY STREETS WITHIN PROXIMITY OF SCHOOL PROPERTY
WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code § 9-21-1-3, within the
reasonable exercise of its police power, may by ordinance regulate vehicular parking; and
WHEREAS, the City has previously regulated the vehicular parking or idling of motor vehicles
on City streets within 2500 feet of school property within its corporate limits, such regulation being
codified, in part, under Carmel City Code § 8-48(f); and
WHEREAS, Carmel City Code § 8-48(f) requires that all requests for the City to install or remove
applicable signs shall be made by the Department of Engineering to the City of Carmel Board of Public
Works and Safety for its review and approval; and
WHEREAS, through Resolution No. BPW 03-16-22-03, the City of Carmel Board of Public Works
and Safety had previously approved the installation of signs by the City of Carmel Street Department, as
set forth under Carmel City Code § 8-48(f) (the renamed “No Parking or Idling Sign List”), that included
the following City Streets:
a. 3rd Avenue NE
b. Beechmont Drive
c. Audubon Drive
d. Sylvan Lane
e. 2nd Avenue NE from 1st Street NE to 5th Street NE
f. Lexington Boulevard
g. 1st Street NE
h. Warbler Way North
i. Avian Way from Hazel Dell Parkway to Warbler Way North
j. T.C. Steele Lane
k. Limberlost Drive from 126th Street to Rockne Circle
l. Carrington Circle
m. Carrington Place
n. 1st Avenue NE from 1st Street NE to 5th St NE
o. 2nd Street NE
p. 3rd Street NE
q. 4th Street NE
r. 5th Street NE
s. Albert Court
t. David Place
u. Lincoln Court
Resolution No. BPW 07-28-22-01
Page One of Three Pages
2
WHEREAS, the City of Carmel Department of Engineering, having reviewed this matter, now
requests that the City of Carmel Board of Public Works and Safety review and amend the No Parking or
Idling Sign List, as set forth below.
IT IS THEREFORE RESOLVED THAT:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City of Carmel Board of Public Works and Safety has reviewed the City Engineer’s
recommendation, and hereby approves the amendments to the No Parking or Idling Sign List for
the installation and/or removal of signs, as determined appropriate, by the City of Carmel Street
Department, as set forth under Carmel City Code § 8-48(f), on the following City Streets:
a. 3rd Avenue NE
b. Beechmont Drive
c. Audubon Drive
d. Sylvan Lane
e. 2nd Avenue NE from 1st Street NE to 5th Street NE
f. Lexington Boulevard
g. 1st Street NE
h. Warbler Way North
i. Avian Way from Hazel Dell Parkway to Warbler Way North
j. T.C. Steele Lane
k. Limberlost Drive from 126th Street to Rockne Circle
l. Carrington Circle
m. Carrington Place
n. 1st Avenue NE from 1st Street NE to 5th St NE
o. 2nd Street NE
p. 3rd Street NE
q. 4th Street NE
r. 5th Street NE
s. Albert Court
t. David Place
u. Lincoln Court
v. Alwyne Road
w. Willowick Road
x. Bexhill Drive
y. Brierley Way
Resolution No. BPW 07-28-22-01
Page Two of T hree Pages
3
SO RESOLVED.
By and through its Board of Public Works and Safety
BY:
James Brainard, Mayor
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, City Clerk
Resolution No. BPW 07-28-22-01
Page Three of T hree Pages
1
RESOLUTION NO. BPW 07-28-22-02
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPROVING THE APPOINTMENT OF THE POLICE CHIEF’S EXECUTIVE ASSISTANTS
WHEREAS, the City of Carmel (“City”), under Carmel City Code § 2-3 and pursuant to Indiana
Code § 36-8-2-2, has established the City of Carmel Police Department; and
WHEREAS, the Police Chief has been appointed by the Mayor under Indiana Code § 36-4-9-6
and Carmel City Code § 6-33; and
WHEREAS, Carmel City Code § 6-33(b) provides the Police Chief with exclusive control over and
charge of the operations of the Carmel Police Department, subject to lawful rules and orders, and, allows
the Chief, with the approval of the City of Carmel Board of Public Works and Safety, to appoint any number
of executive assistants that the Chief deems necessary to efficiently discharge the Chief’s executive duties;
and
WHEREAS, the Police Chief now requests approval from the City of Carmel Board of Public
Works and Safety, subject to Carmel City Code § 6-33(b), to appoint executive assistants necessary to
efficiently discharge the Chief’s executive duties, as set forth below.
IT IS THEREFORE RESOLVED THAT:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City of Carmel Board of Public Works and Safety has reviewed the Police Chief’s request and
hereby approves the appointment of the Police Chief’s executive assistants, as set forth below:
Lieutenant Brady Myers as Deputy Chief of Administration
Lieutenant Dwight Frost as Deputy Chief of Operations
Lieutenant Charlie Harting as Investigations Commander (Major)
Lieutenant Ryan Jellison as Support Commander (Major)
Lieutenant Shane Collins as Operations Commander (Major)
Resolution No. BPW 07-28-22-02
Page One of Two
2
SO RESOLVED.
By and through its Board of Public Works and Safety
BY:
James Brainard, Mayor
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, City Clerk
Resolution No. BPW 07-28-22-02
Page Two of T wo