HomeMy WebLinkAboutPaperless Packet for BPW 11.16.22Board of Public Works and Safety Meeting
Agenda
Wednesday, November 16, 2022 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the November 2, 2022, Regular Meeting
2. BID/QUOTE OPENINGS AND AWARDS
a. Quote Opening for Carmel Street Department Project 22-STR-09 – Gray Road Site
Prep; Lee Higginbotham, Street Commissioner
b. Quote Opening for Carmel Street Department Project 22-STR-10 - Street Panels; Lee
Higginbotham, Street Commissioner
c. Bid Opening for Carmel Utilities - Water System Improvements; John Duffy, Director
of the Department of Utilities
3. PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS
a. Resolution BPW 11-16-22-01; Geico Parking Lot; Erosion Control / Post Construction
BMP / Right of Way; JKES, Inc. d/b/a Smith Projects
b. Resolution BPW 11-16-22-02; Grove at the Legacy Section 5; Common Walk and
Ramps; PM Development Holdings, LLC
c. Resolution BPW 11-16-22-03; Shadow Wood; Erosion Control; Pulte Homes of
Indiana, LLC
d. Resolution BPW 11-16-22-04; Kinder Care; Site and Erosion Control / Right of Way
Permit; EIG14T KCE 302008 IN Carmel, LLC & 814 CRE, LLC
4. CONTRACTS
a. Request for Purchase of Goods and Services; Shamrock Mechanical Company;
($4,500.00); Carmel Data Center - Install Water Line; CO #1; Jeremy Kashman, City
Engineer
b. Request for Purchase of Goods and Services; A&S General Construction; ($800.00);
Carmel Data Center - Drywall Patching & Painting; CO #2; Jeremy Kashman, City
Engineer
c. Request for Purchase of Goods and Services; Fredericks’s, Inc.; ($9,800.00); Carmel
Data Center - Install Temporary 800A Switch Board; CO #4; Jeremy Kashman, City
Engineer
d. Request for Purchase of Goods and Services; Rieth-Riley Construction; (-$21,052.12);
20-ENG-01 - Smoky Row Road Reconstruction Old Meridian Road to Range Line
Road; CO #4; Jeremy Kashman, City Engineer
e. Request for Purchase of Goods and Services; ECO Parking Technologies; ($3,648.00);
Parking Technologies SaaS Agreement; Addendum to Service Agreement; Timothy
Renick, Director of Information and Communication Systems
f. Request for Purchase of Goods and Services; Equipment Maintenance Solutions, LLC
d/b/a Equips; ($4,300.00); Facilities Software Program and Set-up; Chief David
Haboush, Carmel Fire Department
g. Request for Purchase of Goods and Services; CAST, INC.; ($48,000.00); Arts Advisory
Consultant; James Brainard, Mayor
h. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC;
($129,260.00); Vehicles; Additional Services Amendment #2; Chief James Barlow,
Carmel Police Department
i. Request for Purchase of Goods and Services; Kelley Automotive Group, LLC;
($55,420.00); 2023 Silverado; Additional Services Amendment #2; James Crider, Director
of Administration
j. Request for Purchase of Goods and Services; Specialized Land Services, Inc.;
($6,225.00); 20-ENG-11 - Buying Services - 3 Parcels; Additional Services Amendment;
Jeremy Kashman, City Engineer
5. REQUEST TO USE CITY STREETS/PROPERTY
a. Request for Addendum Existing Carmel Christkindlmarkt Event Approval; Reserve
Parking on the West Side of 3rd Avenue Across from the Market; Tour buses; December
2 – December 3, 2022; Michael Nahmias
b. Request to Place Santa Mailbox Throughout the City; All Things Carmel / Santa House
at Indiana Design Center / Midtown Plaza / North Plaza Area Near Hotel Carmichael
and Civic Center; November 30 – December 12, 2022; Candy Martin, City of Carmel
6. OTHER
a. Request for Addendum to Agreement; EAN Services, LLC; Addendum to Corporate
Partner Program Rate Agreement; Chief James Barlow, Carmel Police Department
b. Request for Water Line Easement Agreement; 10585 Hussey Lane - 106th Street Water
Main Project; Gary Brett & Brook Adams
c. Request for Lane Closure; Southbound Lane Range Line Road; Connor Britt, Envoy
d. Request for Lane Closure; 720 S Range Line Road; Eastbound City Center Drive and
Southbound Range Line Road; Sign Maintenance; Ken Woods, ISF Signs
e. Request for Consent to Encroach and Variance; 2665 Rix Court; Cindy Grove &
Julie Wilson, Property Owners
f. Request for Consent to Encroach and Variance; 13970 Sand Cherry Court;
Shannon Harlan, Property Owner
g. Request for Replat; RA Franke’s Subdivision; Chad James, HWC Engineering
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, November 2, 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 10:00AM. 8
9
MEMBERS PRESENT 10
11
Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Holly 12
Harmeyer were present. 13
14
MINUTES 15
16
Minutes from the October 19, 2022, Regular Meeting. Board Member Burke moved to approve. Board 17
Member Watson seconded. Request approved 2-0. Mayor Brainard abstained. 18
19
PERFORMANCE RELEASE/REDUCTION APPROVAL REQUESTS 20
21
Resolution BPW 11-02-22-04; Village of West Clay 15002B; Temporary Erosion Control 22
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 23
24
Resolution BPW 11-02-22-05; Bear Creek South; Erosion Control / Right of Way Permit 25
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 26
27
ADD-ON 28
29
Board Member Burke moved to add a bid award to the agenda. Board Member Watson seconded. Add-on of 30
bid award approved 3-0. 31
32
Bid Award for 2022 Generator Procurement 33
John Duffy, Director of the Department of Utilities, recommended awarding the bid to Cummins, Inc. as 34
they were the only bidder, but also a responsive and reputable vendor. 35
Board Member Burke moved to award the bid to Cummins, Inc. in the amount of $1,780,144.00. Board 36
Member Watson seconded. Request approved 3-0. 37
38
CONTRACTS 39
40
Request for Purchase of Goods and Services; Adcetera; ($5,500.00); Content License Agreement; Money 41
Magazine Logo Licensing for Advertisements 42
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 43
44
Request for Purchase of Goods and Services; Beaty Construction, Inc.; ($290,935.77); 17-ENG-01 - Duke 45
Energy Relocation Plans Phase 2 North; CO #1 46
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 47
48
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($60,00.00); 20-ENG-09 - 49
Right of Way Services; Additional Services Amendment #20b 50
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 51
52
Request for Purchase of Goods and Services; Cummins, Inc.; ($1,900,144.00); Backup Generator 53
Procurement 2022 54
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 55
56
Request for Purchase of Goods and Services; Hood’s Gardens, Inc.; ($26,520.50); Spring 2023 Hanging 57
Baskets; Additional Services Amendment 58
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 59
60
Resolution BPW 11-02-22-01; A Resolution of the City of Carmel Board of Public Works and Safety 61
Acknowledging Agreement Between City and Vendor; Meltwater News US, Inc.; ($30,450.00); Additional 62
Profiles; Amendment #5 63
Board Member Burke moved to approve. Board Member Watson seconded. Resolution to amend approved 64
3-0. 65
66
Resolution BPW 11-02-22-02; A Resolution of the City of Carmel Board of Public Works and Safety 67
Acknowledging Agreement Between City and Vendor; C. L. Coonrod & Company; Service Agreement 68
2023 69
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 70
71
Request for Purchase of Goods and Services; TargetSolutions Learning, LLC; ($24,714.01); Vector Check 72
It; Additional Services Amendment #1 73
Board Member Burke moved to approve. Board Member Watson seconded. Amendment approved 3-0. 74
75
Request for Purchase of Goods and Services; TargetSolutions Learning, LLC; ($16,575.00); Vector LMS 76
Membership; Additional Services Amendment #2 77
Board Member Burke moved to approve. Board Member Watson seconded. Amendment approved 3-0. 78
79
REQUEST TO USE CITY STREETS/PROPERTY 80
81
Request to Use Carter Green; Holiday at Carter Green; November 19, 2022; 7:00 AM - 7:00 PM 82
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 83
84
Request to Indiana Design Center South Parking Lot; Holiday in the Arts District; December 3, 2022; 85
7:00 AM - 8:00 PM 86
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 87
88
Request to Use City Streets with No Parking Signs at Six Trolley Stops; Carmel Holiday Trolleys; Every 89
Friday and Saturday; November 25 – December 24, 2022 90
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 91
92
Request to Use Carter Green / Main Street Carmel; Festival of Ice - Ice Carving Event; January 20, 2023, 93
11:00 AM - January 22, 2023, 5:00 PM 94
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 95
96
Request to Use Carter Green / Ice at Carter Green; Winter Games; February 10, 2023, 4:00 PM - 9:00 97
PM; February 11, 2023, 10:00 AM - 5:00 PM 98
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 99
100
Request to Indiana Design Center; Santa House; November 21 - December 27, 2022; Open at Various 101
Times and Dates Throughout 102
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 103
104
OTHER 105
106
Request for Petition to Vacate a Platted Utility Easement; Old Meridian and Main Redevelopment 107
Project; JR Farmer Finance SC, LLC 108
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 109
110
Resolution BPW 11-02-22-03; A Resolution of the City of Carmel Board of Public Works and Safety 111
Approving Property Transfer and Indemnification Agreement Between City and Carmel Police Officer; 112
Lolo - Police Canine; Officer Chad Wiegman 113
Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 114
115
Request for Special Purchase Approval; Brown Equipment Company; ($0); Bucher Sweeper Vehicles 116
Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 117
118
Request for Consent to Encroach and Variance; 12442 Heatherstone Place 119
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board 120
Member Watson seconded. Request approved 3-0. 121
122
Request for Driveway Width Variance; Standard Drawing 10-21B; 141 1st Avenue NW 123
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board 124
Member Watson seconded. Request approved 3-0. 125
126
Request for Storm Water Technical Standards Waiver; West Park Trail Extension Project– 2700 W 116th 127
Street 128
Board Member Burke moved to approve based on all conditions by the City engineer being met. Board 129
Member Watson seconded. Request approved 3-0. 130
131
ADJOURNMENT 132
133
Mayor Brainard adjourned the meeting at 10:05 a.m. 134
135
136
137
138
APPROVED: ____________________________________ 139
Sue Wolfgang – City Clerk 140
141
_____________________________________ 142
Mayor James Brainard 143
ATTEST: 144
145
__________________________________ 146
Sue Wolfgang – City Clerk 147
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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
Page 1 of 1
PURCHASE ORDER NUMBER
106935
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
10/27/2022 376841 Parking technologies SaaS agreement
ECO PARKING TECHNOLOGIES LLC ICS
VENDOR 8001 CASTLEWAY DRIVE SHIP 31 1st Avenue N.W.
TO
Carmel, IN 46032-
INDIANAPOLIS, IN 46250 - Timothy Renick (317) 571-2576
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
70141
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1115 Fund: 101 General Fund
Account: 43-556.00
1 Each Parking technologies SaaS agreement $3,648.00 $3,648.00
Sub Total $3,648.00
CAA
Send Invoice To: LIM -
ICS
Timothy Renick
31 1st Avenue N.W.
Carmel, IN 46032- ,
317) 571-2576 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $3,648.00
SHIPPING INSTRUCTIONS *
A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL J
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Timothy Renick
TITLE Director
CONTROL NO. 106935 CONTROLLER
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Equipment Maintenance Solutions, LLC d/b/a Equips
Fire Department - 2022
Appropriation #1120 102 44-632.02 Fund; P.O. #106934
Contract Not To Exceed $4,300.00
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.
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Equipment Maintenance Solutions, LLC d/b/a Equips
Fire Department - 2022
Appropriation #1120 102 44-632.02 Fund; P.O. #106934
Contract Not To Exceed $4,300.00
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
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Equipment Maintenance Solutions, LLC d/b/a Equips
Fire Department - 2022
Appropriation #1120 102 44-632.02 Fund; P.O. #106934
Contract Not To Exceed $4,300.00
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except
for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive
their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if 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
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Vendor: Equipment Maintenance Solutions, LLC d/b/a Equips
PO Box 427
Menomonee Falls, Wisconsin 53052
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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Equipment Maintenance Solutions, LLC d/b/a Equips
Fire Department - 2022
Appropriation #1120 102 44-632.02 Fund; P.O. #106934
Contract Not To Exceed $4,300.00
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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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
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
HASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO.
10/27/2022 376842
Page 1 of 1
PURCHASE ORDER NUMBER
106934
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Facilities Software Program
EQUIPS Fire Department
VENDOR PO BOX 427 SHIP 10701 N. College, Ste. A
TO
Carmel, IN 46280-
MENOMONEE FALLS, WI 53052 -
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
70140
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1120 Fund: 102 Ambulance Capital Fund
Account: 44-632.02
3 Each Equips Basic Software Level $600.00 $1,800.00
1 Each Initial Set Up Fee $2,500.00 $2,500.00
1 Each Per Attached Quote $0.00 $0.00
Sub Total $4,300.00
ill
1,
Send Invoice To:
Fire Department
2 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $4,300.00
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. 106934 CONTROLLER
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CzTfshfzHsfdivlijobu21;57bn-Opw19-3133
Date: 12-Oct-22
Quotation #: MUN-23-151
FROM:
To:
Phone:
E-mail:
Pool Job Type In-Stock FAN Number Approx. Delivery Date
2023 Order Municipal On - Order 815594 Mar. - Apr. 2023
Qty Item #MSRP Discount Line Total
2.00 BQRW81 $52,837.00 19,474.00$ 86,200.00$
9,737.00 ea.$ 43,100.00 each
BQRW82
total of Four ( 4 ) circuits and Molded
Dealer Fees
1.00 Tire Tax Included Included
1.00 Documents Waived Waived
19,474.00$
Subtotal 86,200.00$
Sales Tax EXEMPT
Total 86,200.00$
BmSmith@carmel.in.gov E-mail: mwright@kelleyauto.com
2023 Tahoe SSV in Black Deluxe front
bucket seats w/"Retail Console", Driver's
Kelley Chevy, LLC
Thank you for the opportunity to earn your business ! ! ! !
Indiana Tire Tax = $0.25 per tire
Total Discount
Dealer Documentation Fee
Splash guards.
Safety pkg., Remote Start, 20" Aluminum
Fort Wayne of Mid-Late March.
Both units are scheduled to be built the last
Quote/Purchase Agreement
5220 Value Drive
Fort Wayne, Indiana 46808
Phone: 260-437-9218
Mr. Brian Smith
317-571-2594
City of Carmel - Police Department
Mark T. Wright
3 Civic Square
Carmel, IN 46032
Salesperson
Mark T. Wright
Description
to grille area w/two circuits in each, for a
iliary dome light, Two ( 2 ) wiring harnesses
week of January, 2023 with an ETA into
Wheels w/All-Terrain tires, Red/White Aux-
Quotation prepared by: Mark T. Wright
To accept this as a Purchase Agreement, please sign here
and return:
Exhibit A
Date: 12-Oct-22
Quotation #: MUN-23-152
FROM:
To:
Phone:
E-mail:
Pool Job Type In-Stock FAN Number Approx. Delivery Date
2023 Order Municipal On - Order 815594 Mar. - Apr. 2023
Qty Item #MSRP Discount Line Total
1.00 CDDX4D $52,670.00 9,610.00$ 43,060.00$
Dealer Fees
1.00 Tire Tax Included Included
1.00 Documents Waived Waived
9,610.00$
Subtotal 43,060.00$
Sales Tax EXEMPT
Total 43,060.00$
BmSmith@carmel.in.gov E-mail: mwright@kelleyauto.com
2023 Tahoe SSV in Sterling Gray Deluxe
bucket seats w/"Retail Console", Driver's
Kelley Chevy, LLC
Thank you for the opportunity to earn your business ! ! ! !
Indiana Tire Tax = $0.25 per tire
Total Discount
Dealer Documentation Fee
Safety pkg., Remote Start, 20" Aluminum
Fort Wayne of Mid-Late March - early-April
This unit is scheduled to be built the second
Quote/Purchase Agreement
5220 Value Drive
Fort Wayne, Indiana 46808
Phone: 260-437-9218
Mr. Brian Smith
317-571-2594
City of Carmel - Police Department
Mark T. Wright
3 Civic Square
Carmel, IN 46032
Salesperson
Mark T. Wright
Description
4 ) circuits and Molded Splash Guards.
circuits to the grille area for a total of Four
week of February, 2023 with an ETA into
Wheels w/All-Terrain tires, Two ( 2 ) wiring
Quotation prepared by: Mark T. Wright
To accept this as a Purchase Agreement, please sign here
and return:
INDIANA RETAIL TAX EXEMPT
C".1ity ®f C arm el CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
ONE CIVIC SQUARE 35-6000972
CARMEL, INDIANA46032-2584
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED I REQUISITION NO VENDOR NO
12/10/2021 375410
KELLEY AUTOMOTIVE GROUP LLC
VENDOR 1341 S 13TH STREET
DECATUR, IN 46733 -
PURCHASEID BLANKET CONTRACT PAYMENT TERMS
61853
QUANTITY 1 _ UNIT OF MEASURE DESCRIPTION
Department: 1110 Fund., 101 General Fund
Account: 44-650.01
1 Each vehicles
Page 1 of 1
PURCHASE ORDER NUMBER
105953
THIS NUMBER MUST APPEAR ON INVOICES, AIP
VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
DESCRIPTION
Carmel Police Department
SHIP 3 Civic Square
TO
Carmel, IN 46032-
Don Kirch
FREIGHT
UNIT PRICE EXTENSION
257,932.41 $257,932.41
Sub Total $257,932.41
4 cri , SDO +
Send Invoice To. -
Carmel Police Department
Accounts Payable
3 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE 132, 1
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT 2&7,43 '
SHIPPING INSTRUCTIONS
AJP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P 0 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
Jim Barlow James Crider
TITLE Chief Director of Administration
CONTROL NO. 105953 CONTROLLER
CzTfshfzHsfdivlijobu9;61bn-Opw14-3133
Exhibit A
Quote/Purchase Agreement
Date:26-Oct-22
Quotation #: MUN-23-169
FROM:
To:Mr. Clayton BellMark T. Wright
City of Carmel -- Facilities / Administration 5220 Value Drive
3Civic Square Fort Wayne, Indiana 46808
Carmel, IN 46032Phone: 260-437-9218
Phone: 317-571-2448
E-mail: E-mail: mwright@kelleyauto.comcbell@carmel.in.gov
Pool Job TypeIn-StockFAN NumberSalesperson Approx. Delivery Date
Mark T. Wright Late Dec 22 - Jan 23OrderedMunicipalNO - BRXT38 815594
QtyItem #Description MSRP DiscountLine Total
2023 Silverado 2500HD 4X4 Crew 1LT Std. 1.00$65,555.00$ 55,300.00BRXT38$ 10,255.00
bed inSummit White w/options
Please review included "Build/Pricing
Worksheet" for this unit.
Tint front driver's and passenger windows1.00BRXT38$145.00$120.0025.00
Dealer Fees
Indiana Tire Tax = $0.25 per tire1.00Tire TaxIncludedIncluded
Documents Dealer Documentation Fee1.00WaivedWaived
Total Discount 10,280.00
SubtotalQuotationpreparedby: Mark T. Wright 55,420.00
Sales Tax EXEMPT
To accept this as aPurchase Agreement, please sign here Total 55,420.00andreturn: ________________________________
Thank you for the opportunity to earn your business ! ! ! !
Kelley Chevy, LLC
10/26/2022
KELLEY CHEVY LLC
FORT WAYNE, IN 46808 -
106937
5220 VALUE DR
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
General Administration
1 Civic Square
Carmel, IN 46032-
370298
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
70115
1205Department:101Fund:General Fund
44-670.99Account:
Misc1 $55,420.00 $55,420.00Each
55,420.00SubTotal
55,420.00
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. 106937
ORDERED BY
TITLE
CONTROLLER
Dept of Administration
1 Civic Square
Carmel, IN 46032-
James Crider James Crider
Director of Administration Director of Administration
CzTfshfzHsfdivlijobu9;62bn-Opw14-3133
Exhibit A
12/2 & 12/3 2022 12/2 & 12/3 2022
Carmel Christkindlmarkt-December 2 & 3 Musical Performance by Johnny Koenig Band
Parking needs to be blocked off for the entire day/evening of the performances.
Johnny Koenig Band has a shuttle size bus.
Mollie B has a 60 ft bus and trailer
CLERK 11-10-22
BPW 11-16-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 11-10-22
CFD HEAVNER 11-10-22
CRED BREWER 11-10-22
* adding Johnny Koenig Band, Dec., 2 & 3, 2022
Koenig band has a shuttle size bus.
Parking spaces on west side of 3rd Ave SW near Veterans Plaza
(4-5 spots)
CLERK 11-9-22
BPW 11-16-22
REVIEWED/APPROVED VIA EMAIL
CPD HORNER 11/9/22
CFD HEAVNER 11/9/22
BREWER 11/9/22
CzTfshfzHsfdivlijobu21;66bn-Pdu39-3133
ADDENDUMTOCORPORATE PARTNER PROGRAM RATE AGREEMENT
This Addendum isentered into by and between the City of Carmel, Indiana,by and through its
Board of Public Works and Safety(the“City”) and EANServices, LLC(“the Vendor”).
The purpose of this Addendum isto addand clarify certain terms and conditions setforth in the attached
Corporate Partner Program Rate Agreementprepared by the Vendor(collectivelythe“Agreement”). Any
inconsistency, conflict, orambiguity between this Addendum and the Agreementshall be resolved by
giving precedenceand effect tothis Addendum.
1.ACKNOWLEDGMENT, ACCEPTANCE:
Vendoracknowledges that it has read and understands this Addendum,and further agrees that its
execution of same constitutes its acceptance of all of the Addendum’sterms and conditions.
2.NON-DISCRIMINATION:
Vendorrepresents andwarrants that it and all of its officers, employees, agents, Vendors and sub-
Vendors shall comply with all laws of the United States, the State of Indiana and Cityprohibiting
discrimination against any employee, applicant for employment or other person in the provision of
any Goods and Services provided underthe Agreementwith 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, or
disabled veteran status.
3.IRAN CERTIFICATION:Pursuant to I.C. § 5-22-16.5, the Vendorshall certify that, in signing
this document, it does not engage in investment activities within the Country of Iran.
4.E-VERIFY:
If Vendor has any employees in theUnited States of America, pursuant to I.C. § 22-5-1.7 et seq.,
asthe same may be amended from time to time, and asis incorporatedherein by this reference
the “Indiana E-Verify Law”), Vendor will berequired to enroll in and verify the work eligibility
status of its newly-hired employees using the E-Verify program, affirming that itis enrolled and
participating inthe 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 subcontractfor the
performance of any work under and pursuant to this Agreement, it shall fully complywith the
Indiana E-Verify Law as regards each suchsub-contractor. Should the Vendor or any sub-
contractorviolate theIndiana E-Verify law, the City mayrequire 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.
5.NON-APPROPRIATION:
In the event no funds are appropriated for the Agreement or its renewal in 2022through 2023
budgets by City’s legislative body, City, upon providing written notice to Vendor, has the right to
terminatethe Agreement at theend of each fiscal year without penalties of any sort.
1
6. GOVERNING LAW; LAWSUITS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA EAN Services, LLC
by and through its Board of Public
Works and Safety
By: By:
James Brainard, Presiding Officer Authorized Signature
Date:
Printed Name
Mary Ann Burke, Member
Date:
Title
Lori S. Watson, Member FID/TIN:
Date:
ATTEST: Date:
Sue Wolfgang, Clerk
Date:
2
CzTfshfzHsfdivlijobu9;61bn-Opw14-3133
16th November
12/15/2029
Hamilton
Holly Harmeyer