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Home My WebLink AboutPaperless Packet for BPW 02.01.23Board of Public Works and Safety Meeting Agenda Wednesday, February 1, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the January 18, 2023, Regular Meeting 2.BID/QUOTE OPENING a.Acknowledgment of Cancellation of Bid Opening for Brookshire Golf Course Cellular Tower and Equipment Project; Sergey Grechukhin, Office of Corporation Counsel 3.CONTRACTS a.Resolution BPW 02-01-23-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Tom Wood Volkswagen, Inc.; ($47,265.25); One (1) Department Vehicle; Includes Statement & Request for Approval of Special Purchase; Jeremy Kashman, City Engineer b.Resolution BPW 02-01-23-03; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Tom Wood Ford, Inc.; ($40,602.10); Two (2) Department Vehicles; Includes Statement & Request for Approval of Special Purchase; Jeremy Kashman, City Engineer c.Request for Purchase of Goods and Services; Courtesy Ford Motors, LLC; ($1,353,386.25); Twenty-nine (29) Specialized Police Vehicles; Includes Statement & Request for Approval of Special Purchase; Chief James Barlow, Carmel Police Department d.Request for Purchase of Goods and Services; Acid Remap, LLC; ($3,500.00); EMS Protocol Application Updates; Subscription Agreement; Chief David Haboush, Carmel Fire Department e.Request for Purchase of Goods and Services; Angel Oak Tree Care; ($140,000.00); Tree Removal and Other Landscape Services;Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services f.Request for Purchase of Goods and Services; AVI Systems, Inc.; ($85,554.07); Equipment Repairs; Additional Services Amendment; Bob Higgins, Brookshire Golf Club g.Request for Purchase of Goods and Services; Fredericks, Inc; ($9,590.00); Sidewalk - Carmel Data Center; CO #5; Timothy Renick, Director of Information and Communication Systems h.Request for Purchase of Goods and Services; Rieth-Riley Construction, Inc; ($36,949.54); 20-ENG-01 Smoky Row Road Reconstruction – Underdrain Outlet Pipe Work; CO #5; Jeremy Kashman, City Engineer i.Request for Purchase of Goods and Services; Office Works Services, LLC; ($518.29); Additional Pieces; Additional Services Amendment; Jeremy Kashman, City Engineer j.Resolution BPW 02-01-23-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; World Class Ice Sculpture; ($1,600.00); Performance Agreement - Festival of Ice; Nancy Heck, Director of the Department of Community Relations k.Resolution BPW 02-01-23-04; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Insight Public Sector, Inc.; ($474,103.14); Microsoft EA Licensing and Subscription Renewal; Timothy Renick, Director of Information and Communication Systems l.Request for Purchase of Goods and Services; TMT, Inc.; ($100,000.00); 2023 Trees; Additional Services Amendment; Mike Hollibaugh, Director of the Department of Community Services m.Request for Purchase of Goods and Services; TouchPhrase Development, LLC d/b/a Julota; ($13,992.50); Software as a Service License Agreement; Chief James Barlow, Carmel Police Department, and Chief David Haboush, Carmel Fire Department 4.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Replace Documents; Use of Carter Green / Parking Spaces; Carmel Pride Festival; June 25, 2023; 10:00 AM – 11:00 PM; Marielle Cortelyou, Carmel Pride; Tabled January 18, 2023 b.Request to Use / Close City Streets / Monon & Main Plaza / Midtown Plaza; Artomobilia; September 9, 2023; 6:00 AM – 9:00 PM; Meg Gates Osborne c.Request to Use / Close City Streets / Monon & Main Plaza; Art of Wine; May 20, 2023; 8:00 AM – May 21, 2023 1:00 AM; Sondra Schwieterman, City of Carmel d.Request to Use Midtown Plaza; Holiday Porchfest; December 9, 2023; 1:00 PM – 5:00 PM; Sondra Schwieterman, City of Carmel e.Request to Use / Close City Streets; Late Night on Main in July; July 15, 2023; 2:00 PM – July 16, 2023 2:00 AM; Sondra Schwieterman, City of Carmel f.Request to Use / Close City Streets; Late Night on Main in August; August 19, 2023; 2:00 PM – August 20, 2023 2:00 AM; Sondra Schwieterman, City of Carmel g.Request to Use / Close City Streets; Late Night on Main in June; June 17, 2023; 2:00 PM – June 18, 2023 2:00 AM; Sondra Schwieterman, City of Carmel h.Request to Use / Close City Streets; Muldoon’s Shamrock the District; March 17, 2023; 11:00 AM – March 20, 2023 12:00 PM; Beth Hohlier i.Request to Use Council Chambers; Carmel National Day of Prayer; May 4, 2023; April 28, 2023; 11:00 PM – 2:00 PM; David Forbes j.Request to Use Midtown Plaza; Physique 57 Outdoor Community Fitness Classes; April 22, May 6 & 20, June 10 & 24, July 8 & 22, August 5, & 26 and September 16 & 23, 2023; 7:30 AM – 9:00 AM; Leslie Lupton, Physique 57 k.Request to Use / Close City Streets; Carmel PorchFest in September; September 17, 2023; 8:00 AM – 8:00 PM; Sondra Schwieterman, City of Carmel l.Request to Use Use / Restrict City Streets; 7th Annual RUN(317) Carmel Village of West Clay 5K; August 31, 2023; 12:00 PM – 9:30 PM; Jeffrey William Graves, Vision Event Management m.Request to Use Civic Square Fountain / Gazebo; School of Rock Spring Performances; April 22, 2023 9:00 AM – April 23, 2023 11:00 PM; Katy Myers, School of Rock n.Request to Use / Close City Streets; St. Patrick’s Day Celebration at the Brockway Public House; March 17, 2023; 8:00 AM – March 18, 2023 11:00 PM; Barry Miller 5.OTHER a.Request for Acknowledgement of Conflict of Interest; Adam Harrington, Carmel Fire Department b.Request for Acknowledgement of Conflict of Interest; Scott K. Osborne, Carmel Fire Department c.Request for Acknowledgement of Conflict of Interest; Kurt Weddington, Carmel Fire Department d.Request for Lane Closure / Sidewalk Closure / Open Pavement Cut; Old Meridian and Main Street; Chad James, HWC Engineers e.Request for Sidewalk Closure;Carmel Historical Society; 211 1st Street SW; Chad James, HWC Engineers f.Request for Grant of Drainage Easement; Ozwell Fitness;1077 3rd Avenue SW; 1077 3rd Ave, LLC g.Request for Right of Way Dedication; Seasons of Carmel Apartments; Maple Drive and the 98th Street Trail; New Seasons, LLC, Property Owner h.Request for Storm Water Technical Standards Waiver; Old Meridian and Main Street; Chad James, HWC Engineers i.Request for Storm Water Technical Standards Waiver; 211 1st Street SW; Chad James, HWC Engineers j.Request for Grant of Perpetual Storm Water Quality Management Easement; College Park Christian Church;2606 W 96th Street; College Park Christian Church, Inc., Property Owner k.Request for Consent to Encroach and Variance;10550 Hussey Lane; Douglas & Michelle Rose, Property Owners l.Request for Secondary Plat; Jackson’s Grant on Williams Creek, Section 8; Doug Wagner, Republic Development m.Request for Secondary Plat; Waterfront of West Clay, Section 5B; Duane Sharrer, Weihe Engineers 6.ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, January 18, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 MEETING CALLED TO ORDER 6 7 Board Member Mary Ann Burke called the meeting to order at 10:03 AM 8 9 MEMBERS PRESENT 10 11 Board Members Lori Watson, Mary Ann Burke, and Deputy Clerk Holly Harmeyer were present. 12 13 MINUTES 14 15 Minutes from the January 4, 2023 Regular Meeting. Board Member Burke moved to approve. Board Member 16 Watson seconded. Request approved 2-0. 17 18 BID/QUOTE OPENINGS AND AWARDS 19 20 Bid Opening for Gray Road Multi-Use Path Project #16-ENG-97A 21 Board Member Watson opened the bids and Board Member Burke read them aloud: 22 23 Contractor Bid 24 Globe Asphalt Paving $801,514.60 25 Morphey Construction, Inc. $940,000.00 26 ENV Paving, LLC $886,629.00 27 Calumet $928,000.00 28 United Construction Services, LLC $705,000.00 29 Monroe, LLC $649,940.00 30 Midwest Paving $736,927.50 31 Yardberry Landscape Excavating Company $836,649.80 32 33 Bid Award for Water Distribution Building Roof Replacement 34 John Duffy, Director of the Department of Utilities, recommended awarding the bid to Storm Warrior Roofing 35 and Restoration, LLC as they were the lowest, responsive bidder. Board Member Burke moved to award the bid 36 to Storm Warrior Roofing and Restoration, Inc. in the amount of $264,870.00. 37 Board Member Burke moved to approve. Board Member Watson seconded. Bid Award approved 2-0. 38 39 CONTRACTS 40 41 Request for Purchase of Goods and Services; Candy Martin; ($3,600.00); Advisor for the Carmel Mayor’s Youth 42 Council; Additional Services Amendment 43 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 44 45 Request for Purchase of Goods and Services; CC&T Construction; ($14,713.80); 22-STR-10 Concrete Panels; 46 CO #1 47 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 48 49 Request for Purchase of Goods and Services; Yardberry Landscape Company; ($3,000.00); 22-STR-09 Gray 50 Road Site Prep; Dispersion of Millings; CO #1 51 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 52 53 Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($1,150,000.00); 22-ENG-99 2022 54 Bond Program Management; Professional Services Agreement 6/1/22; Additional Services Amendment #7 55 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 56 57 Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($261,000.00); 20-ENG-13 Veterans 58 Way - City Center to Walnut and Duke Distribution Relocation Plans – Supplemental; Additional Services 59 Amendment #4 60 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 61 62 Request for Purchase of Goods and Services; ECONorthwest; ($65,000.00); Market Study 63 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 64 65 Request for Purchase of Goods and Services; Haas, Inc; ($5,830.50); Cloud Renewal - R2V Subscription - AVL 66 Integration; Additional Services Amendment 67 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 68 69 Request for Purchase of Goods and Services; Hoosier Fire Equipment, Inc.; ($26,495.00); Bullard Cameras; 70 Additional Services Amendment 71 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 72 73 Request for Purchase of Goods and Services; Kentwood Office Furniture, Inc.; ($354,319.36); Administrative 74 Furniture and EMS Shelving 75 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 76 77 Request for Purchase of Goods and Services; Old Town on the Monon; ($5,580.00); Garage Rental for Event 78 Storage; Additional Services Amendment 79 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 80 81 Request for Purchase of Goods and Services; Paul I. Cripe; ($11,543.00); Feasibility Study/Programming for 82 Expansion of Existing Maintenance Shop Break Area; Additional Services Amendment 83 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 84 85 Resolution BPW 01-18-23-21; A Resolution of the City of Carmel Board of Public Works and Safety 86 Acknowledging Agreement Between City and Vendor; Pitney Bowes; ($7,344.00); Postage Meter 48 Month 87 Lease. 88 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 89 90 Resolution BPW 01-18-23-24; A Resolution of the City of Carmel Board of Public Works and Safety 91 Acknowledging Agreement Between City and Vendor; Toshiba American Business Solutions; ($8,014.08); 48 92 Month Lease Purchase Agreement. 93 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 94 95 Request for Purchase of Goods and Services; Signal Construction, Inc.; ($161,975.00); Contractor Services 96 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 97 98 Request for Purchase of Goods and Services; Stephan Koch; ($1,600.00); Performance Agreement - Festival of 99 Ice 100 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 101 102 Request for Purchase of Goods and Services; Timothy Levi Tipton; ($500.00); Performance Agreement - Festival 103 of Ice 104 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 105 106 Request for Purchase of Goods and Services; Weihe Engineers, Inc.; ($18,400.00); 20-ENG-04 College Avenue 107 96th to 106th Street - Landscape Design; Additional Services Amendment #2 108 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 109 110 REQUEST TO USE CITY STREETS/PROPERTY 111 112 Acknowledgment of Use of Parking Spaces Near Carter Green; Food Truck for Ice Skaters; East Side of 3rd 113 Avenue next to Carter Green; January 6 - 8, 2023; 4:15 PM - 8:00 PM each day 114 Board Member Burke moved to approve. Board Member Watson seconded. Acknowledgment approved 2-0. 115 116 Request to Use Civic Square Gazebo / Lane Restrictions; Easter Egg Hunt for Carmel Fire Department Families: 117 March 4, 2023; 8:00 AM - 12:00 PM 118 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 119 120 Request to Use Civic Square Gazebo / Lane Restrictions; Lucky Clover 5K Run/Walk; Packet: Pick-up March 18, 121 2023, 1:00 PM - 4:00 PM; Event: March 19, 2023, 6:00 AM - 12:00 PM 122 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 123 124 Request to Use Carter Green / Parking Spaces; Carmel Pride Festival; June 25, 2023; 10:00 AM – 11:00 PM 125 Board Member Burke moved to approve. Board Member Watson seconded. In discussion, Board Member Watson 126 moved to amend the request that approval is contingent upon working with various City departments to assure 127 the event is appropriate for every audience. Board Member Burke seconded. Amendment approved (2-0). Board 128 Member Watson moved to table the event. Board Member Burke seconded. Request tabled (2-0). 129 130 OTHER 131 132 Resolution BPW 01-18-23-01; A Resolution of the City of Carmel Board of Public Works and Safety 133 Acknowledging Agreement Between City and Vendor; ReliaStar Life Insurance Company; Administration 134 Agreement for City of Carmel Employee Life Insurance Benefit Plan 135 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 136 137 Resolution BPW 01-18-23-02; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 138 Grant; ($170,880.00); Actors Theatre of Indiana, Inc. 139 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 140 141 Resolution BPW 01-18-23-03; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 142 Grant; ($3,560.00); The Bigger Picture Film Group 143 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 144 145 Resolution BPW 01-18-23-04; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 146 Grant; ($149,520.00); Booth Tarkington Civic Theatre Board 147 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 148 149 Resolution BPW 01-18-23-05; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 150 Grant; ($2,136.00); The Carmel Arts Council, Inc. 151 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 152 153 Resolution BPW 01-18-23-06; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 154 Grant; ($3,020.00); Carmel Clay Historical Society 155 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 156 157 Resolution BPW 01-18-23-07; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 158 Grant; ($10,680.00); Carmel Community Players, Inc. 159 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 160 161 Resolution BPW 01-18-23-08; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 162 Grant; ($18,512.00); Carmel Klavier, Inc. 163 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 164 165 Resolution BPW 01-18-23-09; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 166 Grant; ($3,560.00); Carmel Repertory Theatre, Inc. 167 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 168 169 Resolution BPW 01-18-23-10; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 170 Grant; ($195,800.00); Carmel Symphony Orchestra, Inc. 171 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 172 173 Resolution BPW 01-18-23-11; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 174 Grant; ($10,680.00); Central Indiana Dance Ensemble 175 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 176 177 Resolution BPW 01-18-23-12; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 178 Grant; ($56,960.00); Gregory Hancock Dance Theatre 179 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 180 181 Resolution BPW 01-18-23-13; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 182 Grant; ($28,480.00); Indiana Artisan Board 183 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 184 185 Resolution BPW 01-18-23-14; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 186 Grant; ($2,492.00); Indiana Association of Chinese Americans Board Member 187 Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 188 189 Resolution BPW 01-18-23-15; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 190 Grant; ($17,800.00); Indiana Ballet Conservatory 191 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 192 193 Resolution BPW 01-18-23-16; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 194 Grant; ($28,480.00); Indiana Wind Symphony 195 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 196 197 Resolution BPW 01-18-23-17; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 198 Grant; ($7,120.00); International Talent Academy 199 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 200 201 Resolution BPW 01-18-23-18; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 202 Grant; ($1,424.00); M3 Theatre Camp 203 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 204 205 Resolution BPW 01-18-23-19; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 206 Grant; ($3,560.00); Museum of Miniature Houses and Other Collections Inc. 207 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 208 209 Resolution BPW 01-18-23-20; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts 210 Grant; ($64,080.00); The Cat, Ltd. 211 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 212 213 Resolution BPW 01-18-23-22; A Resolution of the City of Carmel Board of Public Works and Safety 214 Acknowledging Agreement Between City and Vendor; CBIZ Benefits & Insurance Services, Inc; Administration 215 Services Agreement 216 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 217 218 Resolution BPW 01-18-23-23; A Resolution of the City of Carmel Board of Public Works and Safety 219 Acknowledging Agreement Between City and Vendor; Actuarial Services & Support, LLC; Annual Accounting 220 Valuation and Reporting Services - Engagement 221 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 222 223 Resolution BPW 01-18-23-25; A Resolution of the City of Carmel Board of Public Works and Safety Providing 224 Local Office Holder Leave for Firefighters and Police Officers 225 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 226 227 Request for Trail Encroachment Agreement; Duke Energy Indiana, LLC; City Center Monon Greenway 228 Improvements 229 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 230 Watson seconded. Request approved 2-0. 231 232 Request for Curb Cut; 14589 Autumn Wood Drive 233 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 234 Watson seconded. Request approved 2-0. 235 236 Request for Consent to Encroach and Variance; 799 Spruce Drive 237 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 238 Watson seconded. Request approved 2-0. 239 240 Request for Stormwater Technical Standards Waiver; 2915 E Smoky Row 241 Board Member Burke moved to approve based on all conditions by the City engineer being met. Board Member 242 Watson seconded. Request approved 2-0. 243 244 Request to Amend Agreement; Amendment to the Funding Agreement between the Indiana Department of 245 Environmental Management and the City of Carmel, Indiana; Agreement Number VWL2-005 246 Board Member Burke moved to approve the amendment. Board Member Watson seconded. Ammendment 247 approved 2-0. 248 249 250 ADD-ONS 251 252 Board Member Burke moved to add four add-on items to the agenda. Board Member Watson seconded. Adding of 253 items approved 2-0. 254 255 256 Request for Purchase of Goods and Services 257 Sexson Mechanical Company, LLC; ($42,009.00); Preventative Maintenance and Emergency Maintenance of the 258 Carmel Energy Center 259 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 260 261 Resolution BPW 01-18-23-26 262 Resolution approving the Lease with Clay Township for a portion of Hensel Government Center for IT 263 Department administrative offices. 264 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 265 266 Lease with the Clay Township Building 267 Referenced in Resolution BPW 01-18-23-26 268 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 2-0. 269 270 Bid Award for Clay Township Center Addition 271 Sergey Grechukhin, Department of Law, recommended awarding the bid to Powers & Sons Construction Co., 272 as they were the lowest, responsive bidder. Board Member Burke moved to award the bid to Storm Warrior 273 Roofing and Restoration, Inc. in the amount of $1,329,000.00. 274 Board Member Burke moved to approve. Board Member Watson seconded. Bid Award approved 2-0. 275 276 ADJOURNMENT 277 278 Board Member Mary Ann Burke adjourned the meeting at 10:14 a.m. 279 280 281 282 283 284 APPROVED: ____________________________________ 285 Sue Wolfgang – City Clerk 286 287 288 289 _____________________________________ 290 Mayor James Brainard 291 292 293 ATTEST: 294 295 __________________________________ 296 Sue Wolfgang – City Clerk 297 298 RESOLUTION NO. BPW 02-01-23-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement TomWoodVolkswagen Inc.docx1/23/20233:41PM 1st February TomWoodVolkswagen EngineeringDepartment- 2023 Appropriation#2200044-650.01CapitalLeaseFund; P.O. #108434 ContractNotToExceed $47,265.25 CzTfshfzHsfdivlijobu:;32bn-Kbo34-3134 AGREEMENT FOR PURCHASE OF GOODS THIS AGREEMENT FOR PURCHASE OF GOODS (ÐAgreementÑ) is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (ÐCityÑ), and Tom Wood Volkswagenan entity duly authorized to do business in the State of Indiana (ÐVendorÑ). 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 AgreementÓs terms and conditions. 2.PERFORMANCE: City agrees to purchase the goods (the ÐGoodsÑ) from Vendor using City budget appropriation number 2200 0 44-650.01 Capital Lease funds. Vendor agrees to provide the Goods 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 to be provided to City hereunder shall be no more than Forty Seven Thousand Two Hundred Sixty Five Dollars and Twenty Five Cents ($47,265.25) (the ÐEstimateÑ). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods provided to City within such time period. City shall pay Vendor for such Goods within thirty- five (35) days after the date of CityÓs receipt of Vendor's invoice detailing same, so long as and to the extent such Goods are not disputed, are in conformance with the specifications set forth in Exhibit A and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods to City that would cause the total cost of the Goods 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 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 will be delivered in atimely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of CityÓs intended use and expressly warrants that the Goods provided to City pursuant to this Agreement have been selected by Vendor based upon CityÓs 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 (ÐEffective DateÑ), 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 provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods provided hereunder, Vendor agrees to furnish to City sufficient written C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Volkswagen Agreement_.docx:1/19/2023 2:19 PM\] 1 TomWood Volkswagen EngineeringDepartment - 2023 Appropriation # 2200044-650.01CapitalLeaseFund; P.O. #108434 ContractNotToExceed $47,265.25 warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is apart of the Goods. 7.LIENS: Vendor shall not cause or permit the filing of any lien on any of CityÓs 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 VendorÓs 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 VendorÓs warranties; (b) fails to provide the Goods as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods 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 workersÓ 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 VendorÓs 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. 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 VendorÓs provision of Goods pursuant to or under this Agreement or VendorÓs 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 VendorÓs agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Volkswagen Agreement_.docx:1/19/2023 2:19 PM\] 2 TomWood Volkswage EngineeringDepartment - 2023 Appropriation # 2200044-650.01CapitalLeaseFund; P.O. #108434 ContractNotToExceed $47,265.25 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 VendorÓs 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 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.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 abreach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 13.NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for aloan or otherwise, and shall not delegate its obligations under this Agreement without CityÓs prior written consent. 14.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 15.GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court isthe appropriate venue for and has jurisdiction over same. 16.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. 17.NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Volkswagen Agreement_.docx:1/19/2023 2:19 PM\] 3 TomWoodVolkswagen, Inc. EngineeringDepartment - 2023 Appropriation # 2200044-650.01CapitalLeaseFund; P.O. #108434 ContractNotToExceed $47,265.25 If to City: City of Carmel AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Tom Wood Volkswagen th4545East96Street Indianapolis, Indiana 46240 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective ifgiven 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. 18.TERMINATION: 18.1 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 adefault hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods 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 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. 18.2 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 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 agreater amount. 18.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 19.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. 20.ADDITIONAL GOODS Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods to City. When City desires additional goods from Vendor, the City shall notify Vendor of such additional goods desired, as well as the time frame in which same are to be provided. Only after City has approved VendorÓs time and cost estimate for the provision of such additional goods, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods, shall such goods be provided by Vendor to City. A copy of the CityÓs authorization documents for the purchase of additional goods shall be numbered and attached hereto in the order in which they are approved by City. 21.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. 22.BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Volkswagen Agreement_.docx:1/19/2023 2:19 PM\] 4 TomWoodVolkswagen EngineeringDepartment - 2023 Appropriation # 2200044-650.01CapitalLeaseFund; P.O. #108434 ContractNotToExceed $47,265.25 representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 23.NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 24.DEBARMENT AND SUSPENSION 24.1 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 ÐprincipalÑ 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. 24.2 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 CityÓs request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 25.IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, itdoes not engage in investment activities within the Country of Iran. 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.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. C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Volkswagen Agreement_.docx:1/19/2023 2:19 PM\] 5 RESOLUTION NO. BPW 02-01-23-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement TomWoodFord Inc.docx1/23/20233:41PM 1st February Tom WoodFord, Inc. EngineeringDepartment - 2023 Appropriation #2200044-650.01CapitalLeaseFund; P.O. #108444 ContractNotToExceed $40,602.10 CzTfshfzHsfdivlijobu21;59bn-Kbo31-3134 AGREEMENT FOR PURCHASE OF GOODS THIS AGREEMENT FOR PURCHASE OF GOODS (“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”), andTom Wood Ford, 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 (the “Goods”) from Vendor using City budget appropriation number2200 0 44-650.01 Capital Lease funds. Vendor agrees to provide the Goods 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: 3.1Vendor estimates that the total price for the Goods tobe provided to City hereunder shall be no more thanForty Thousand Six Hundred TwoDollars and TenCents ($40,602.10) (the “Estimate”). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods provided to City within such time period. City shall pay Vendor for such Goods 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 are not disputed, are in conformancewith the specifications set forth in Exhibit Aand Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2Vendor agrees not to provide any Goods to City that would cause the total cost of the Goods 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 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 will be delivered in atimely, good and workmanlike manner and free from defect. Vendor acknowledges that itknows of City’s intended use and expressly warrants that the Goods 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. 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 Goodsprovided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods provided hereunder, Vendor agrees to furnish to City sufficient written C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Ford Inc Goods and Services.docx:1/19/2023 4:06 PM\] 1 TomWoodFord, Inc. EngineeringDepartment - 2023 Appropriation # 2200044-650.01 CapitalLeaseFund; P.O. #108444 ContractNotToExceed $40,602.10 warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is apart of the Goods. 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 as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods 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. 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 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 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. C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Ford Inc Goods and Services.docx:1/19/2023 4:06 PM\] 2 TomWoodFord, Inc. EngineeringDepartment - 2023 Appropriation # 2200044-650.01 CapitalLeaseFund; P.O. #108444 ContractNotToExceed $40,602.10 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 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. 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. 13. 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. 14. 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 15. 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 alawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court isthe appropriate venue for and has jurisdiction over same. 16. 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. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City:City of Carmel AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Tom Wood Ford, Inc. th3130East96Street Indianapolis, Indiana 46240 C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Ford Inc Goods and Services.docx:1/19/2023 4:06 PM\] 3 TomWoodFord, Inc. EngineeringDepartment - 2023 Appropriation # 2200044-650.01 CapitalLeaseFund; P.O. #108444 ContractNotToExceed $40,602.10 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. 18. TERMINATION: 18.1 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 adefault hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods 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 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. 18.2 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 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. 18.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 19. 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. 20. ADDITIONAL GOODS Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods to City. When City desires additional goods from Vendor, the City shall notify Vendor of such additional goods 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, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods, shall such goods be provided by Vendor to City. A copy of the City’s authorization documents for the purchase of additional goods shall be numbered and attached hereto in the order in which they are approved by City. 21. 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. 22. 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. 23. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 24. DEBARMENT AND SUSPENSION 24.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Ford Inc Goods and Services.docx:1/19/2023 4:06 PM\] 4 TomWoodFord, Inc. EngineeringDepartment - 2023 Appropriation # 2200044-650.01 CapitalLeaseFund; P.O. #108444 ContractNotToExceed $40,602.10 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 Agreementmeans 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. 24.2The Vendorcertifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreementand 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. 25. 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. 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. 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. C:\\Users\\lslick.CITYOFCARMEL\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\TNTJKXYF\\Tom Wood Ford Inc Goods and Services.docx:1/19/2023 4:06 PM\] 5 CzTfshfzHsfdivlijobu21;3:bn-Kbo24-3134 Courtesy Ford Motors LLC Police Department - 2023 Appropriation #1110 0 44-650.01 Capital Lease Fund; P.O. #108413 Contract Not To Exceed $1,353,386.25 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\\CPD\\Courtesy Ford Motors LLC Goods and Services.docx:1/12/2023 3:04 PM\] 2 Courtesy Ford Motors LLC Police Department - 2023 Appropriation #1110 0 44-650.01 Capital Lease Fund; P.O. #108413 Contract Not To Exceed $1,353,386.25 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\\CPD\\Courtesy Ford Motors LLC Goods and Services.docx:1/12/2023 3:04 PM\] 3 Courtesy Ford Motors LLC Police Department - 2023 Appropriation #1110 0 44-650.01 Capital Lease Fund; P.O. #108413 Contract Not To Exceed $1,353,386.25 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 Police Department Office of Corporation Counsel Three Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Courtesy Ford Motors LLC th1341S13 Street Decatur, Indiana 46733 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\\CPD\\Courtesy Ford Motors LLC Goods and Services.docx:1/12/2023 3:04 PM\] 4 Courtesy Ford Motors LLC Police Department - 2023 Appropriation #1110 0 44-650.01 Capital Lease Fund; P.O. #108413 Contract Not To Exceed $1,353,386.25 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, 2023 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\\CPD\\Courtesy Ford Motors LLC Goods and Services.docx:1/12/2023 3:04 PM\] 5 Exhibit A Driver 1 K9 Car 47,259.25 47,259.25 2 CSO 46,615.25 46,615.25 3 Patrol 46,615.25 46,615.25 4 Patrol 46,615.25 46,615.25 5 Patrol 46,615.25 46,615.25 6 Patrol 46,615.25 46,615.25 7 Patrol 46,615.25 46,615.25 8 Patrol 46,615.25 46,615.25 9 Patrol 46,615.25 46,615.25 10 Patrol 46,615.25 46,615.25 11 Patrol 46,615.25 46,615.25 12 Patrol 46,615.25 46,615.25 13 Patrol 46,615.25 46,615.25 14 Patrol 46,615.25 46,615.25 15 Patrol 46,615.25 46,615.25 16 Patrol 46,615.25 46,615.25 17 Patrol 46,615.25 46,615.25 18 Patrol 46,615.25 46,615.25 19 Patrol 46,615.25 46,615.25 20 Patrol 46,615.25 46,615.25 21 Patrol 46,615.25 46,615.25 22 Patrol 46,615.25 46,615.25 23 Patrol 46,615.25 46,615.25 24 PIT Pablo Navarrete 46,765.25 46,765.25 25 PIT Shelby Jellison 46,765.25 46,765.25 26 PIT Thomas Szybowski 46,765.25 46,765.25 27 PIT Jeremy Meier 46,765.25 46,765.25 28 Admin Katie Malloy 46,765.25 46,765.25 29 Admin Ryan Jellison 46,765.25 46,765.25 Total 1,353,386.25 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 CzTfshfzHsfdivlijobu22;58bn-Kbo2:-3134 Uijt!jt!b!TVCTDSJQUJPO!BHSFFNFOUfggfdujwf!bt!pg!uif!mbtu!ebuf!bddpnqbozjoh! uif!tjhobuvsft!pg!uif!qbsujft-cfuxffoBdje!SfnbqMMD!-xjui!pggjdft!mpdbufe!bu!4658! 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Opujdft/!Bmm!opujdft!nvtu!cf!jo!xsjujoh!bnfoefe!fydfqu!cz!bo!jotusvnfou!jo!xsjujoh! boe!efmjwfsfe!qfstpobmmz!ps!tfou!cz!pwfsojhiu!tjhofe!cz!uif!qbsujft!ifsfup/!Uif!xbjwfs!ps!gbjmvsf! dpvsjfs!tfswjdf!up!uif!beesftt!joejdbufe!ifsfjo!ps!pg!fjuifs!qbsuz!up!fyfsdjtf!jo!boz!sftqfdu!boz! tvdi!puifs!beesftt!bt!fjuifs!qbsuz!nbz!joejdbuf!cz!sjhiut!qspwjefe!gps!jo!uijt!Bhsffnfou!xjmm!opu!cf! xsjuufo!opujdf-!ps!tfou!wjb!f.nbjm!up!uif!f.nbjm!effnfe!b!xbjwfs!pg!boz!gvsuifs!sjhiu!voefs!uijt! beesftt!dvssfoumz!tqfdjgjfe!cz!fjuifs!qbsuz!up!uif!Bhsffnfou/!Uifsf!bsf!op!joufoefe!uijse.qbsuz! puifs/!Opujdf!xjmm!cf!effnfe!fggfdujwf!vqpo!uif!cfofgjdjbsjft!up!uijt!Bhsffnfou/! fbsmjfs!pg!bduvbm!sfdfjqu!ps!uxp!cvtjoftt!ebzt!bgufs! Dpvoufsqbsut/!Uijt!Bhsffnfou!nbz!cf! efqptju!xjui!bo!pwfsojhiu!dpvsjfs!ps!fnbjm! fyfdvufe!jo!dpvoufsqbsut-!xijdi!ublfo!uphfuifs! usbotnjttjpo/! tibmm!cf!dpotjefsfe!pof!psjhjobm!Bhsffnfou/!Uif! Tfwfsbcjmjuz/!Jg!boz!ufsn!ps!qspwjtjpo!pg!fydibohf!pg!b!gvmmz!fyfdvufe!Bhsffnfou!)jo! uijt!Bhsffnfou!tipvme!cf!efdmbsfe!jowbmje!cz!b!dpvoufsqbsut!ps!puifsxjtf*!cz!gby!ps!f.nbjm!tibmm! dpvsu!pg!dpnqfufou!kvsjtejdujpo!ps!cz!pqfsbujpo!pg!cf!tvggjdjfou!up!cjoe!uif!qbsujft!up!uif!ufsnt!boe! mbx-!uif!sfnbjojoh!ufsnt!boe!qspwjtjpot!pg!uijt!dpoejujpot!pg!uijt!Bhsffnfou/! Bhsffnfou!xjmm!cf!vojnqbjsfe-!boe!uif!jowbmje! ufsn!ps!qspwjtjpo!xjmm!cf!sfqmbdfe!cz!tvdi!wbmje! Qbhf!:!pg!21! DPOGJEFOUJBMJUZ!OPUJDF! Opu!gps!vtf!ps!ejtdmptvsf!pvutjef!pg!Bdje!Sfnbq!MMD!ps!Dmjfou!fydfqu!bt!sfrvjsfe!cz!mbx! Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: 1st February 23 CzTfshfzHsfdivlijobu21;44bn-Kbo37-3134 Exhibit A 1/23/2023 ANGEL OAK TREE CARE CARMEL, IN 46082 - 108457 PO BOX 478 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 Tree removal and grounds maintenance work for 2023 Dept of Community Service 1 Civic Square Carmel, IN 46032- 363273 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73587 1192Department:101Fund:General Fund 43-504.00Account: Tree removal and other landscapeservices1 $140,000.00 $140,000.00Each 140,000.00SubTotal 140,000.00 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. 108457 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration CzTfshfzHsfdivlijobu:;25bn-Kbo28-3134 Rick Streb Sales Executive 45-0321251 1-16-2023 INDIANA RETAIL TAX EXEMPT City of Carmell 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 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO 1 /13/2023 AVI SYSTEMS VENDOR 1256 WASHINGTON STREET COLUMBUS, IN 47201 - PURCHASE ID BLANKET CONTRACT 73349 QUANTITY UNIT OF MEASURE Department: 1207 Fund. 101 General Fund Account: 44-632.00 1 Each Equipment Repairs Send Invoice To: Brookshire Golf Course Pamela Lister 12120 Brookshire Pkwy. Carmel, IN 46033- 317) 846-7431 DEPARTMENT VENDOR NO 376930 PAYMENT TERMS DESCRIPTION Page 1 of 1 PURCHASE ORDER NUMBER 108428 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE DESCRIPTION rack gear replacement Brookshire Golf Course SHIP 12120 Brookshire Pkwy. TO Carmel, IN 46033- Pamela Lister CA F UNIT PRICE 317) 846-7431 FREIGHT EXTENSION 85,554.07 $85,554.07 Sub Total $85,554.07 PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $85,554.07 SHIPPING INSTRUCTIONS ` AIP 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 A- A- AKAEAOIA-V TUEDEnE AAIn OI IDDI EAACAITTU=O Tn ORDERED BY CONTROL NO. 108428 Bob Higgins James Crider TITLE General Manager/Superintendent Director of Administration CONTROLLER CzTfshfzHsfdivlijobu21;45bn-Kbo37-3134 Exhibit A RESOLUTION NO. BPW 02-01-23-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Performance Agreement - World Class IceSculpture.docx1/19/202310:50AM 1st February CzTfshfzHsfdivlijobu21;4:bn-Kbo28-3134 Exhibit A Festival of Ice at Center Green SCOPE OF SERVICES What: The Festival of Ice at Carter Green - Ice Carving Exhibition Where: Carmel Arts & Design District and The Ice at Carter Green, 10 Carter Green, Carmel, IN When: Friday, January 20, 2023 (4 - 7p.m.), Saturday, January 21, 2023 (10 a.m. - 5p.m.) and Sunday, January 22, 2023 (10a.m. - 2p.m.) THE FESTIVAL OF ICE WILL PROVIDE THE FOLLOWING: Friday, January 20 Carmel Arts & Design District Ice Displays on Main Street 4 - 7p.m. 1 - 10 x 10 tent 1 - 20 amp independent circuit forpower 3 blocks oficeprovided on pedestal bySeasons Catering Stanchions set up Color gels Bucket of water City provides Bucket of Salt City provides Carvers will clear their own debris Saturday, January 21 Ice at Carter Green Ice Displays 10 a.m. - 5p.m. 1 - 10 x 10 tent with 2 sidepanels. 1 - 6fttable fortools 1 - 20 amp independent circuit forpower 4 blocks of ice on pedestal provided by Seasons Catering Color gels Bucket of water City provides Bucket of salt City provides Stanchions set up Anarea will be setup for ice debris and cleared asneeded byice assistants Sound and DJ music Sunday, January 22 Freestyle Carving Demonstration at Carter Green 10 a.m. - 2 p.m. Stage with tables Bucket of water City provides Bucket of salt City provides Stanchions set up 1 - 20 amp independent circuit forpower Anarea will be setup for ice debris and cleared asneeded byice assistants Sound and DJ music Blocks of ice on pedestal provided by Seasons Catering EVENT DESCRIPTIONS Friday, January 20 Freestyle Carving Demonstration in the Carmel Arts & Design District on Main Street 4 - 7p.m. Stations will be available for Carver to set up tools beginning at 2p.m. Carvers may work on their ice as early as 2:30 p.m., but must begin no later than 4p.m. Sculptures must be complete by 7p.m. Performer MUST let Meg Osborne know in advance if she/he wants to be placed in proximity to another carver. Last minute changes cannot be accommodated. Saturday, January 21 Ice at Carter Green Ice Displays 10 a.m. - 5p.m. Winners will be determined by audience ballots open until 4:00 p.m. Award checks will be mailed to winners Carvers may work with ice as early as 9 a.m., but must begin work no later than 10 a.m. Stations will be available for Ice Carver to set up tools beginning at 8 a.m. Sunday, January 22 Freestyle Carving Demonstration at Carter Green 10 a.m. - 2 p.m. Four blocks of ice will be provided on a pedestal with gel color Stage will be ready for carver as early as 9a.m. Sculptures must be complete by noon Award checks will be mailed to winners 75 blocks of ice will be delivered ACCOMMODATIONS AND PAYMENT Hotel accommodations for Carvers will be provided at Renaissance Hotel with onefood voucher. Carver will be allotted one guest room. Additional restaurant vouchers may be purchased by Carver upon check-in. Carver will receive a check in the amount of $1,600.00 at the completion ofallexhibitions. A meal will be provided for Carver at 8:00 p.m. immediately following completion of Friday's ice display exhibition. Location to be determined. 1/2/2023 WORLD CLASS ICE SCULPTURE UNIT D ADDISON, IL 60101 - 108367 1235 CAPITOL DRIVE 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376958 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 72842 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OFICE1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 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. 108367 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-01-23-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement InsightPublicSector Inc .docx1/23/20233:42PM 1st February CzTfshfzHsfdivlijobu23;57qn-Kbo36-3134 Exhibit A 1/20/2023 T M T INC WESTFIELD, IN 46074 - 108448 1719 W 161ST 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 Tree purchase for 2023 Dept of Community Service 1 Civic Square Carmel, IN 46032- 00352696 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73559 1192Department:101Fund:General Fund 44-624.00Account: Trees1 $100,000.00 $100,000.00Each 100,000.00SubTotal 100,000.00 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. 108448 ORDERED BY TITLE CONTROLLER Dept of Community Service 1 Civic Square Carmel, IN 46032- Mike Hollibaugh James Crider Director Director of Administration Software as a Service (SaaS) License Agreement CzTfshfzHsfdivlijobu:;56bn-Kbo36-3134 EXHIBIT A Statement of Work No. 2 Service and Fees This Statement of Work No. 2December 15, 2022 City of Carmel, Indiana the terms and conditions of the agreement between Julota and Customer dated December15, 2021 incorporated herein by reference. Any capitalized term used but not defined in this SOW shall have the meaning first assigned to it in the Agreement. A.Term: The term of this SOW is set forth in Appendix 1 to this SOW. B.License and Deliverables: 1.Services: Julota will license to Customer access to a web-based and mobile integrated software for tracking services provided to Help Seekers on the Platform, which is called "Julota Reach." Customer and its authorized users may access the Services for the purpose of providing long-term Health Seeker contact, tracking, monitoring and care. Customer will, through the administration panel of Julota Reach, create and authorize new authorized users. Julota Reach software will allow Customer and its authorized users to communicate action steps necessary to integrate and coordinate the care of Help Seekers. 2.Authorized users: Authorized users may be individuals from Customer'sorganization or Care Teams and their employees. Customer may authorize an unlimited number of authorized users to access Julota Reach through Customer'slicense. 3.Usage and Storage: The amount of usage of the Hosted Services (not including enrollments) and data storage is unlimited. 4.Excess Hosted Service Usage Fee: $0 5.Service Levels: Julota will provide general support for Julota Reach as provided forin the SLA attached as C.Fees and Expenses: 1.Fees and expenses will be as provided in Appendix 1 to this Statement of Work. 2.Payment: All payments are due by 30 days from the date on the invoice. Payments should be made via ACH or wire. Please contact us for ACH/wire instructions. If ACH is unavailable, payment via check made payable to Julota will be accepted at the following address: Julota Attention: Accounting Department 102 S. Tejon St., Suite 1100 Colorado Springs, CO 80903 Contact: billing@julota.com page 1of 6 Julota SaaS Agreement Julota may change the payment method provided it does so in writing to Customer. Payments not paid within 30 days of the date on the invoice will be charged at the lower of one and ahalf percent (1.5%) of the outstanding balance per month (being 18% per annum), or the maximum rate permitted by law, from the date such payment is due until the date paid, whichever is lower. Customer shall also pay all sums expended (including, without limitation, reasonable legal fees) in collecting overdue payments. D. Service Changes: Julota reserves the right, in its sole discretion, to make any changes to the Services that it deems necessary or useful to: 1. maintain or enhance (i) the quality or delivery of the Services for its customers, (ii) the competitive strength of 2. to comply with applicable Law. Notwithstanding the foregoing, in no event will such Julota initiated changes result in increased cost to Customer during the term of this SOW. Customer understands that daily and weekly Julota initiated changes may occur without advance notice and such changes are for the purpose of bug fixes and minor improvements. During the term of this SOW, Julota shall provide to Customer at no additional charge the following: 1. any and all changes that it develops with respect to the Services, unless such changes are considered optional to the Customer and bear additional costs to Julota outside of costs for Julota initiated implementation and development; 2. any and all changes required by federal or state governmental, or professional regulatory mandates related to 3. the Documentation associated with any changes. Without limiting the foregoing, Customer may, at any time during the Term, request in writing changes to the Services. The Parties shall evaluate the requested changes and, if agreed, implement all such requested changes in accordance with a mutually agreed change order. No requested changes will be effective unless and until memorialized in awritten change order signed by both Parties. E. Subcontractors: Julota may from time to time in its discretion engage third parties to perfo F. On-Site Resources: use of, and conduct within such facilities. Customer will provide copies of such policies to Julota upon request. G. Customer Acknowledgments: Customer shall be responsible for purchasing, acquiring and installing all hardware associated with the Agreement and this SOW. Customer shall also be responsible for all training. Julota has no responsibility related to any of the hardware, including, but not limited to, in-store hardware (iPads, cables, cases, etc.). Julota may advise Customer regarding proper deployment of Services, but such advice is without warranty and pr page 2 of 6 Julota SaaS Agreement H. Definitions: 1. 2. Each party hereto has caused this Statement of Work to be executed by its authorized representative as of the Effective Date. TouchPhrase Development, LLC d/b/a Julota City of Carmel, Indiana By: By and through its Board of Public Works and Safety Name: Scott Cravens BY: Title: CEO Date: Name, Title: Date: Name, Title: Date: Name, Title: Date: ATTEST: Name, Title: Date: page 3 of 6 Julota SaaS Agreement Appendix 1to the Statement of Work No. 2 This Appendix 1 to the Statement of Work No. 2 the terms of the Agreement and the SOW. Any capitalized term used but not defined in this Appendix shall have the meaning first assigned to it in the SOW and, to the extent not defined in the SOW, then the meaning assigned to it in the Agreement. The terms for Julota will provide the Services according to the following: 1. Term: year from the Effective Date and ending 11:59:59 p.m. MT on December 14, 2023 -year periods, not to exceed four (4) years (each, a "Renewal Term"), or until such time as either party elects not to renew this SOW by providing written notice of non-renewal to the other party at least 60 days prior to the expiration of the Initial Term or the current Renewal Term. 2. Fees (the following fees do not include applicable taxes): Recurring Annual Fees Schedule (non-refundable): Units: Unit Price Price: Base Platform License $ 12,740 Services up to three workflows each LEAD 0 $ 365 $ 0 EMS Superulitizer 4 $ 365 $ 1,460 Fall Prevention 0 $ 365 $ 0 Co-Responder 1 $ 365 $ 365 Care Coordination 0 $ 365 $ 0 Standard Hub 0 $ 5,600 $ 0 EMS / Social Services Hub 4 $ 3,150 $ 12,600 Support Hub 1 $ 3,150 $ 3,150 1 Directional Interface (ESO) 4 $ 1,250 $ 5,000 2 Directional Interface 0 $ 2,500 $ 0 Collaboration Partner 0 $ 1,050 $ 0 Community Resource Organizations 25 $ 0 $ 0 Trusted Partner Organizations (Aspire) 1 $ 105 $ 105 Monthly Active Clients (annualized) 1440 $ 5 $ 7,200 Advanced Interface 0 $ 9,900 $ 0 ModuleClient Notification 4 $ 1,250 $ 5,000 ModuleSurveys 4 $ 950 $ 3,800 ModuleEnrollments 0 $ 900 $ 0 ModuleClinical 4 $ 950 $ 3,800 Compliant Workflows SAMHSA 42 CFR part 2 1 $ 5,000 $ 5,000 Criminal Justice Information System (CJIS) 1 $ 5,000 $ 5,000 Custom Report Package up to 20 fields 0 $ 1,200 $ 0 Data Extraction 0 $ 1,200 $ 0 Embedded Tableau 0 $ 3,000 $ 0 Custom Report (up to 20 fields) 0 $ 1,250 $ 0 Custom Report (21-40 fields) 0 $ 3,150 $ 0 Data Extraction 0 $ 1,250 $ 0 page 4 of 6 Julota SaaS Agreement SUBTOTAL $ 65,220 Essential Account Management Service 4 $ 5,000 $ 20,000 SUBTOTAL $ 85,220 Proposal Error 1 $ -20,000 $ -20,000 Support Hub 2023 Discount 1 $ - 3,150 $ - 3,150 Champion Discount 1 $ - 6,000 $ - 6,000 Yearly Loyalty Discount 1 $ - 100 $ - 100 Hamilton County Total Yearly Fees $ 55,970 Yearly fees per one (1) of four (4) hubs $ 13,992.50 Total for City of Carmel, Indiana: $ 13,992.50 3. the name of the data fields in the old system, the definition of each data field, and the name of the field it is being moved 4. If Customer exceeds the estimated number of Monthly Active Clients during a year, it will not be charged for additional Monthly Active Clients, but Julota reserves the right to adjust the fee for Monthly Active Clients in the following year. 5. At the end of the Initial Term and each Renewal Term, Julota may increase the charges set forth in this SOW. Julota agrees to notify Customer in writing at least sixty (60) days prior to any such price increase. 6. Additional services listed above may be purchased at any time by Customer by providing written notice to Julota ordered during the Term for Non-Recurring Term subscriptions and during the Initial Term for Auto-Renew Term subscriptions. Thereafter, the rates will be at the then current rates set by Julota. 7. then based on anticipated or actual usage for any additional years following the first year of the Term. Each party hereto approves of and accepts the terms of this Appendix. TouchPhrase Development, LLC d/b/a Julota City of Carmel, Indiana By: By and through its Board of Public Works and Safety Name: Scott Cravens BY: Title: CEO Date: Name, Title: Date: Continued on next page) page 5 of 6 Julota SaaS Agreement Name, Title: Date: Name, Title: Date: ATTEST: Name, Title: Date: page 6 of 6 Dfsujgjdbuf!Pg!Dpnqmfujpo Envelope Id: 8C5F185A0210425EAAB9B99B2DD05779Status: Completed Subject: Urgent - Sign JulotaRenewal SOW Cityof Carmel Source Envelope: Document Pages: 6Signatures: 2Envelope Originator: Certificate Pages: 1Initials: 0Alison Henry AutoNav: Enabled102 S Tejon St, Suite 1100 EnvelopeId Stamping: EnabledColorado Springs, CO 80903 Time Zone: (UTC-07:00) Mountain Time (US & Canada)Alison.Henry@Julota.com IPAddress: 73.229.115.126 Sfdpse!Usbdljoh Status: OriginalHolder: Alison HenryLocation: DocuSign 1/18/2023 9:48:29PM Alison.Henry@Julota.com Tjhofs!FwfoutTjhobuvsfUjnftubnq Scott A. CravensSent: 1/18/2023 9:50:07 PM scott.cravens@julota.comViewed: 1/19/2023 6:47:23 AM CEOSigned: 1/19/2023 6:47:40 AM Julota Signature Adoption: Uploaded Signature ImageSecurityLevel: Email, Account Authentication Using IPAddress: 45.132.115.72None) Fmfduspojd!Sfdpse!boe!Tjhobuvsf!Ejtdmptvsf;! NotOffered viaDocuSign Jo!Qfstpo!Tjhofs!FwfoutTjhobuvsfUjnftubnq Fejups!Efmjwfsz!FwfoutTubuvtUjnftubnq Bhfou!Efmjwfsz!FwfoutTubuvtUjnftubnq Joufsnfejbsz!Efmjwfsz!FwfoutTubuvtUjnftubnq Dfsujgjfe!Efmjwfsz!FwfoutTubuvtUjnftubnq Dbscpo!Dpqz!FwfoutTubuvtUjnftubnq Xjuoftt!FwfoutTjhobuvsfUjnftubnq Opubsz!FwfoutTjhobuvsfUjnftubnq Fowfmpqf!Tvnnbsz!FwfoutTubuvtUjnftubnqt Envelope SentHashed/Encrypted1/18/2023 9:50:07 PM Certified DeliveredSecurity Checked1/19/2023 6:47:23 AM Signing CompleteSecurity Checked1/19/2023 6:47:40 AM CompletedSecurity Checked1/19/2023 6:47:40 AM Qbznfou!FwfoutTubuvtUjnftubnqt Clerk 1-25-23 BPW 2-1-23 Event was reviewed & approved by the following departments on the dates below. Requestor was still a minor at the time of request. She is now 18 years of age and has re-signed the request form as an adult. CPD Horner 1-6-23 CFD Heavner 1-5-23 CRED Brewer 1-11-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 Use of Main & Monon Plaza approved by Charles Lazzara 1-18-23 --- PM 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved Via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 x x 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CPD Horner 1-23-23 CFD Heavner 1-23-23 CRED Brewer 1-24-23 1st February 23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 9/23/23 *see list of dates on page 2 Aug. 5 ---------- -----------------------June 10, June 24 ---------Sept. 16 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via Email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 Reviewed/Approved via email CFD Heavner 1-17-23 CPD Horner 1-17-23 CRED Brewer 1-18-23 1st February 23 Clerk 1-25-23 BPW 2-1-23 plus activities with Carmel Fire Dept. SCHEDULE OF ACTIVITIES & BANDS Friday 3/17 3-5 pm - CFD pumper pull, keg toss 3-5 pm - Ian Reppert 5:50-7:30 pm - Silver Birds 8-10 pm - My Yellow Rickshaw Saturday 3/18 3-4:30 pm - Smoke Ring 5-7 pm - The Filter Kings 8-10 pm - Tom Petty Tribute Band Reviewed/Approved via Email CPD Horner 1-23-23 CFD Heavner 1-23-23 CRED Brewer 1-24-23 plus one lane, north bound Old Meridian on 3/17, 12-5 during CFD activities noted above. CFD pumper pull, keg toss 3-5 pm on Fri. 3/17 plus one lane of north bound Old Meridian, 12-5 pm on 3/18 only Cranston closed 3/17 & 18 1st February 23 UNIFORM CONFLICT OF INTEREST DISCLOSURE STATEMENT State Form 54266 (R2 / 6-15) / Form 236 STATE BOARD OF ACCOUNTS Indiana Code 35-44.1-1-4 A public servant who knowi~gly or int~ntionally has a pecuniary interest in or derives a profit from a contract or purchase connected with an action by the governmental entity served by the public servant commits conflict of interest, a Class D Felony. A public servant has a pecuniary interest in a contract or purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the income or net worth of the public servant or a dependent of the public servant. "Dependent" means any of the following: the spouse of a public servant; a child, stepchild, or adoptee (as defined in IC 31-9-2-2) of a public servant who is unemancipated and less than eighteen (18) years of age; and any individual more than one-half (1/2) of whose support is provided during a year by the public servant. The foregoing consists only of excerpts from IC 35-44.1-1-4. Care should be taken to review IC 35-44 .1-1-4 in its entirety. 1. Name and Address of Public Servant Submitting Statement:._A_d_a_m_H_a_r_rin-'g=-t_o_n _____ _ 2 Civic Square, Carmel IN 46032 2. Title or Position With Governmental Entity: _C_a_,_p_ta_i_n _______________ _ 3. a. Governmental Entity: ....;C;;..;ity'"'---'o"""f..;:C;.;:;a""rm.;.;.;:;.;elCl..., .:..;.IN.:...:....;Fi:.:..;re::...=Depi::..:t'---------------- b. County: ....;H....;.;a:;.;m.;.ci""lt;.;;;.o;.;.n _________________________ _ 4. This statement is submitted (check one}: a._ as a "single transaction• disclosure statement, as to my financial interest in a specific contract or purchase connected with the governmental entity which I serve, proposed to be made by the governmental entity with or from a particular contractor or vendor; or b.!' as an "annual" disclosure statement, as to my financial interest connected with any contracts or purchases of the governmental entity which I serve, which are made on an ongoing basis with or from particular contractors or vendors. 5. Name(s) of Contractor(s) or Vendor(s): _1;.;:;8~5....;.;P....;.;ro:;.;m.;.;.o;;;..;t'"'io"'"'n.:::..,s,c....;C;..;;a;.;..rm;.;.;..;;.el"""l.:....:N _________ _ 6. Descrlptlon(s) of Contract(s) or Purchase(s) (Describe the kind of contract involved, and the effective date and term of the contract or purchase if reasonably determinable. Dates required if 4(a) is selected above. If "dependent" is involved, provide dependent's name and relationship.): No contracts In place however. the carmet Fire Department ooca1lon1lly clothing and other promoUonal Items from vendor (185 PromoUons) Page 1 of 3 7. Description of My Financial Interest (Describe In what manner the public servant or "depen- dent" expects to derive a profit or financial benefit from, or otherwise has a pecuniary interest in, the above contract(s) or purchase(s); If reasonably determinable, state the approximate dollar value of such profit or benefit.): My cousin works for 185 Promotions however I Is NOT a dependent of mlna nor do I have any financial interest In the company (Attach extra pages if additional space is needed.) 8. Approval of Appointing Officer or Body (To be completed if the public servant was appointed by an elected public servant or the board of trustees of a state-supported college or university.): I (We) being the -----;:;:~---,-=:----:-,-----::-:::---,---::.----,~------of (Title of Officer or Name of Governing Body) ---~---:-::----------------·and having the power to appoin t (Name of Governmental Entity) the above named public servant to the public position to which he or she holds, hereby approve the participation to the appointed disclosing public servant in the above described contract(s) or purchase(s) in which sa id public servant has a conflict of interest as defined in Indiana Code 35- 44.1-1-4; however, this approval does not waive any objection to any conflict prohibited by statute, rule , or regulation and is not to be construed as a consent to any illegal act. Elected Official Office 9. Effective Dates (Conflict of interest statements must be submitted to the governmental entity prior to final action on the contract or purchase.): Date Submitted (month, day, year) Date of Action on Contract or Purchase (month , day, year) Page 2 of 3 01/20/2023 On-going 10. Affirmation of Public Servant: This disclosure was submitted to the governmental entity and accepted by the governmental entity in a public meeting of the governmental entity prior to final action on the contract or purchase. I affirm, under penalty of perjury, the truth an completeness of the statements made above, and that I am the above named publi s rvant. Signed: ---:;:;:::-----,-__.'--;-,;::--;~..,_..=-r----;,.------ Date: 01/20/2023 (month, day, year) Printed Name: Adam Harrington (Please print legibly.) Email Address: aharrington@carmel.in.gov Within fifteen (15) days after final action on the contract or purchase, copies of this statement must be filed with the State Board of Accounts by uploading it here https://qateway.ifionline.orq/sboa coil which is the preferred method of filing, or by mailing it to the State Board of Accounts, Indiana Government Center South, 302 West Washington Street, Room E418, Indianapolis, Indiana, 46204-2765 and the Clerk of the Circuit Court of the county where the governmental entity took final action on the contract or purchase. Page 3 of 3 ---and