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Home My WebLink AboutPaperless Packet for BPW 05.03.23Board of Public Works and Safety Meeting Agenda Wednesday, May 3rd, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1. MINUTES a. Minutes from the April 19th, 2023, Regular Meeting 2. BID/QUOTE OPENINGS AND AWARDS a. Bid Opening for BPW 23-STR-05 Path Preservation; Matt Higginbotham, Street Commissioner b. Bid Award for Digester Gas Piping Replacement Project; John Duffy, Director of the Department of Utilities 3. PERFORMANCE BOND REDUCTION APPROVAL REQUEST a. Resolution BPW 05-03-23-01; Village of West Clay - Uptown Townhomes; Erosion Control; OE Village of West Clay, LLC 4. CONTRACTS a. Request for Purchase of Goods and Services; Midwest Landscape Industries, Inc.; ($25,504.00); Irrigation; Additional Services Amendment; Matt Higginbotham, Street Commissioner b. Request for Purchase of Goods and Services; Sexson Mechanical Company, LLC; ($7,854.00); Maintenance Agreements – CSD & IDC; Additional Services Amendment; Matt Higginbotham, Street Commissioner c. Request for Purchase of Goods and Services; StreetScan, Inc.; ($36,965.00); Pavement Scanning & Software; Additional Services Amendment; Matt Higginbotham, Street Commissioner d. Request for Purchase of Goods and Services; Lithko Restoration Technologies, LLC; ($12,205.00); Sophia Square Waterproofing; CO #3; Matt Higginbotham, Street Commissioner e. Request for Purchase of Goods and Services; Club Car, LLC; ($36,353.00 per annum); GPS Lease; Bob Higgins, Brookshire Golf Club f. Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($440,650.00); 22-ENG-06 – Pennsylvania Street RAB – Design/Bid/Construction Inspection; Additional Services Amendment #8; Jeremy Kashman, City Engineer g. Resolution BPW 05-03-23-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Great GrowIN’s, LLC; ($14,595.00); IT Data Center Building Addition and Remodel – Landscaping; Jim Crider, Director of Administration h. Request for Purchase of Goods and Services; MCCi; ($1,043.84); Laserfiche Annual Subscription Renewal; Addendum #6 to Master Services Agreement 19555; Timothy Renick, Director of Information and Communication Systems 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Use Sophia Square and Use/Close City Streets (Amended Request); Art of Wine; May 20, 2023; 4:00 PM – 10:00 PM; Sondra Schwieterman, City of Carmel b. Request to Use/Close City Streets and Use Midtown Plaza; Community Bicycle Event – Slow Roll Dinner Cruise; June 13, July 11, and August 8, 2023; 5:00 PM – 7:00 PM; Matt Tanner, Rollfast c. Request to Use/Close City Streets and Use Carmel Elementary School Parking Lot; Community Bicycle Event – Family Fun Ride; May 13, June 10, July 8, and August 12, 2023; 7:00 AM – 12:00 PM; Matt Tanner, Rollfast d. Request to Use Midtown Plaza and Use/Close City Streets; Midtown Block Party; May 13, 2023; 10:00 AM – 8:00 PM; Marissa Kay, City of Carmel e. Request to Use East Patio of Palladium; Wedding; September 14, 2024; 10:00 AM – 6:00 PM; Julie Block f. Request to Use Midtown Plaza; Field Trip to Watch Movie at Midtown; May 22, 2023; 12:00 PM – 2:00 PM; Amanda Jo Spurgeon, Carmel Elementary g. Request to Use Base of South Palladium Steps and Use/Close Carter Green Loop; Center Celebration 2023; September 23, 2023; 9:00 AM – 9:00 PM; Abigail Tomlin, The Center for the Performing Arts h. Request to Use Civic Square Fountain Area/Gazebo/Lawn and Japanese Garden; Wedding; June 16, 2023; 3:00 PM – 8:00 PM; Alex Conrad i. Request to Use Carter Green/Civic Square Gazebo and Use/Close City Streets ; National Night Out; August 1, 2023; 9:00 AM – 9:00 PM; Dawn Fisher, Carmel Police Department j. Request to Use Palladium Patio or Carter Green; Wedding; June 24, 2023; 2:00 PM – 6:30 PM (Rehearsal June 23, 2023 5:00 PM – 6:00 PM); Kathy Ray, Hotel Carmichael k. Request to Use Civic Square Gazebo/Lawn; Public Concert; June 24, 2023; 3:00 PM – 8:30 PM; Charles Conrad, Indiana Wind Symphony l. Request to Use Midtown Plaza; Indy 500 Promotional Event; May 18, 2023; 5:00 PM – 8:00 PM; Chelsea Kopelman, Keeping Up in Carmel m. Request to Use/Close City Streets; Lakes at Hazel Dell Neighborhood HOA Camp Out; May 26-27, 2023; 3:00 PM – 8:00 AM; Alyona Tellez, Lakes at Hazel Dell HOA n. Request to Use Civic Square Gazebo/Lawn; Wedding; July 7, 2023; 2:00 PM – 5:00 PM (Rehearsal July 6, 2023 6:00 PM – 7:00 PM); Rosette Miller o. Request to Use/Close City Streets; Company Opening Party; June 30, 2023; 4:00 PM – 11:00 PM; Dan Moriarity, Studio M Architecture p. Request for EMS Services; Tennis Tournament at Carmel Racquet Club; July 1 – 3, 2023; 11:00 AM – 3:00 PM; Samuel Jamison, Midwestern Tennis Association 6. OTHER a. Request for Waiver of BPW Resolution No. 04-28-17-01/Lane Restriction; 3428 East 106th Street; Duke Energy b. Request for Curb Cut; 4455 W. 126th Street; Lawrence Wurtz, Property Owner c. Request for Consent to Encroach and Variance; 1570 Jensen Drive; Ashley & Alan Roncevic, Property Owners 7. ADJOURNMENT 1 2 Board of Public Works and Safety Meeting 3 Minutes 4 Wednesday, April 19, 2023 – 10:00 a.m. 5 Council Chambers City Hall, One Civic Square 6 7 8 MEETING CALLED TO ORDER 9 10 Mayor James Brainard called the meeting to order at 10:04 AM 11 12 MEMBERS PRESENT 13 14 Mayor James Brainard, Board Members Lori Watson and Mary Ann Burke, Chief Deputy Clerk Jacob 15 Quinn and Deputy Clerk Jessica Komp were present. 16 17 MINUTES 18 19 Minutes from the April 5, 2023 Regular Meeting. Board Member Burke moved to approve. Board 20 Member Watson seconded. Minutes were approved 2-0 (Brainard abstained). 21 22 BID OPENING AND AWARD 23 24 Quote Award for 23-STR-04 Road Preservation at Cherry Creek 25 James Rundle, Carmel Street Department, recommended awarding the quote to National Pavement 26 Maintenance, as they were the lowest, most responsive bidder. Board Member Burke moved to award 27 the bid to National Pavement Maintenance in the amount of $65,070.00. Board Member Watson 28 seconded. Award approved 3-0. 29 30 CONTRACTS 31 32 Request for Purchase of Goods and Services; Applied Concepts, Inc.; ($45,670.00); Dual 2 Antenna Radar 33 System; Additional Services Amendment; Board Member Burke moved to approve. Board Member 34 Watson seconded. Request approved 3-0. 35 36 Request for Purchase of Goods and Services; Blunk Safety Systems, Inc.; ($219,613.86); Vehicle 37 Emergency Lighting Kits/Utility Cabinets/K9 Kennel; Additional Services Amendment; Board Member 38 Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 39 40 Request for Purchase of Goods and Services; CTW, Inc; ($10,954.67); Multiconductor Wiring for New 41 Patrol Cars; Additional Services Amendment; Board Member Burke moved to approve. Board Member 42 Watson seconded. Request approved 3-0. 43 44 Request for Purchase of Goods and Services; Bayliss & Co., LLC; ($2,500.00); Consulting for Public Art 45 on Two Roundabouts on Main Street: Education Corridor; Additional Services Amendment ; Board 46 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 47 48 Request for Purchase of Goods and Services; Murray & Trettel, Inc.; ($7,350.00); Weather Command; 49 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 50 Request for Purchase of Goods and Services; Redlee/SCS Inc.; ($35,944.80); Weather Command; Board 51 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 52 53 Request for Purchase of Goods and Services; Tank Industry Consultants, Inc; ($20,000.00); Evaluation of 54 Water Towers and Water Tanks; Board Member Burke moved to approve. Board Member Watson 55 seconded. Request approved 3-0. 56 57 Request for Purchase of Goods and Services; Tom Wood Ford, Inc.; ($35,943.00); 2022 Ford Escape; 58 Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 59 seconded. Request approved 3-0. 60 61 Request for Purchase of Goods and Services; 3D Company, Inc.; ($21,026.40); 20-ENG-02 Intersection 62 Improvements: 106th Street and College Ave RAB; CO #2; Board Member Burke moved to approve. 63 Board Member Watson seconded. Request approved 3-0. 64 65 Resolution BPW 04-19-23-01; A Resolution of the City of Carmel Board of Public Works and Safety 66 Acknowledging Agreement Between City and Vendor; Beam, Longest & Neff, LLC; ($2,160.00); 560 3rd 67 Ave SW – Buyer’s Agent; Board Member Burke moved to approve. Board Member Watson seconded. 68 Request approved 3-0. 69 70 REQUEST TO USE CITY STREETS/PROPERTY 71 72 Request to Use Caucus Room; HOA Meeting for the Bonbar at Monon Lake Homeowners Association; 73 June 7, 2023; 6:00 PM – 9:00 PM; Board Member Burke moved to approve. Board Member Watson 74 seconded. Request approved 3-0. 75 76 Request to Use Midtown Plaza; Carmel on Canvas Plein Air Competition; September 15 -17, 2023; 7:00 77 AM – 6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 78 approved 3-0. 79 80 OTHER 81 82 Request for Stormwater Technical Standards Waiver; Carmel Midtown Development Parcel A; Board 83 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 84 85 Request for Consent to Encroach and Variance; 3314 Spruce Wood Ct.; Board Member Burke moved to 86 approve. Board Member Watson seconded. Request approved 3-0. 87 88 89 ADJOURNMENT 90 91 Mayor James Brainard adjourned the meeting at 10:07 a.m. 92 93 94 95 96 97 98 99 APPROVED: ____________________________________ 100 Sue Wolfgang – City Clerk 101 102 103 104 _____________________________________ 105 Mayor James Brainard 106 107 108 ATTEST: 109 110 __________________________________ 111 Sue Wolfgang – City Clerk 112 113 CzBmmjtpoMzodi.NdHsbuibu3;22qn-Bqs32-3134 Exhibit A CityofCarmel StreetDepartment 2023 Irrigation Service Contract Specifications TheCityofCarmel has approximately 83locations ofirrigation tobe startedup andwinterized. Contractor muststartupandwinterize eachlocation, aslisted below. System Start-UpDetails: During irrigation system start-up, Contractor mustperform thefollowing ateachlocation: Backflows must betestedand reported Themain irrigation linemust befilled andleaks must bechecked Allirrigation heads mustbechecked andadjusted stthContractormaybeginirrigationstart-up April 1 andmustbecompleted byMay25ofeach calendar year. System Shut Down/ Winterization Details: During system shutdown, Contractor mustperform thefollowing ateach location: Depressurize irrigation system Using compressed air, winterize system using industry standards ststContractormaybeginwinterizationOctober1andmustbecompletedbyOctober 31ofeach calendar year. Anyadditional repairs toirrigation must beinvoiced separately andpricedasspecified intheattached repair pricing sheet. Anylocation notstarted uporwinterized within thespecified window oftimewill notbeinvoiced totheCityofCarmel. Irrigation Locations and Midwest Itemized Costs: Location Price- Start Up Price- Shut Down th1. 96 & Westfield Blvd. RAB $194.00 $94.00 th2. 96 & Springmill RAB $194.00 $94.00 th3. 96 & Ditch RAB $194.00 $94.00 th4. 96 & Towne Road RAB $194.00 $94.00 th5. 96 & Shelborne Road RAB $194.00 $94.00 th6. 96 & Commerce RAB $194.00 $94.00 th7. 106 & Gray Road RAB $194.00 $94.00 th8. 106 & Springmill Road RAB $194.00 $94.00 th9. 106 & Illinois RAB $194.00 $94.00 th10. 106 & Shelborne Road RAB $194.00 $94.00 th11. 106 & Towne Road RAB $194.00 $94.00 th12. 106 & Ditch RAB $194.00 $94.00 th13. 106 & Keystone West RAB $194.00 $94.00 th14. 106 & Keystone East RAB $194.00 $94.00 th15. 111 & Illinois RAB $194.00 $94.00 th16. 111 & Pennsylvania RAB $194.00 $94.00 th17. 111 & Springmill Road RAB $194.00 $94.00 th18. 116 & Springmill / Illinois RAB $194.00 $94.00 th19. 116 & Clay Center RAB $194.00 $94.00 th20. 116 & Ditch RAB $194.00 $94.00 th21. 116 Shelborne Road RAB $194.00 $94.00 th22. 116 Hazel Dell Pkwy RAB $194.00 $94.00 th23. 116 & Gray Road RAB $194.00 $94.00 th24. 116 & College RAB $289.00 $189.00 th25. 116 Guilford RAB $289.00 $189.00 th26. 116 & Keystone Pkwy East RAB $289.00 $189.00 th27. 116 & Keystone Pkwy West RAB $289.00 $189.00 th28. 116 & Rangeline Rd RAB $94.00 29. Medical Drive & Rangeline RAB $94.00 th30. 116 Medians West of Rangeline $194.00 $94.00 st31. 121 & Shelborne Rd RAB $194.00 $94.00 th32. 126 & Hazel Dell Road RAB $194.00 $94.00 th33. 126 & Gray Road RAB $194.00 $94.00 th34.126& Keystone West RAB$194.00 $94.00 th35. 126 & Keystone East RAB $194.00 $94.00 th36. 126 & Shelborne Road RAB $194.00 $94.00 th37. 126 & Towne Road RAB $194.00 $94.00 38. City Center & Kinzer RAB $194.00 $94.00 39. City Center Median $194.00 $94.00 40. City Center & Rangeline Road $289.00 $189.00 rd41. City Center & 3 Ave. $289.00 $189.00 42. N. Illinois & W. Carmel Drive RAB $194.00 $94.00 st43. W. 131 & Shelborne Road RAB $194.00 $94.00 st44. W. 131 & Towne Road RAB $194.00 $94.00 th45. 136 & Keystone West RAB $194.00 $94.00 th46. 136 & Keystone Pkwy East RAB $194.00 $94.00 th47. 136 & Oakridge RAB $194.00 $94.00 th48. 136 & Springmill Road RAB $194.00 $94.00 th49. 136 & Ditch Road RAB $194.00 $94.00 th50. 136 & Towne Road RAB $194.00 $94.00 51. E. Smokey Rd & Carey Road RAB $194.00 $94.00 52. Carey Road & Hawthorne RAB $194.00 $94.00 th53. 136 & Gray Road RAB $194.00 $94.00 St54. 141 & Springmill Road RAB $194.00 $94.00 st55. 141 & Ditch Road RAB $194.00 $94.00 st56. 141 & Towne Road RAB $194.00 $94.00 57. Springmill Road & Dorset RAB $194.00 $94.00 58. Smokey Row & Rangeline Road RAB $194.00 $94.00 59. Oakridge Road & Adios Pass RAB $194.00 $94.00 60. Oakridge Road & Bennett RAB $194.00 $94.00 61. Hazel Dell & Avian Way RAB $194.00 $94.00 62. City Center & Pennsylvania RAB $194.00 $94.00 63. City Center & Carmel Drive RAB $194.00 $94.00 64. City Center & Guilford Road RAB $194.00 $94.00 65. Carmel Drive & Guilford Road RAB $194.00 $94.00 66. Carmel Drive & Keystone East RAB $194.00 $94.00 67. Carmel Drive & Keystone West RAB $194.00 $94.00 68. W Main Street & Illinois / Springmill 289.00 $189.00RAB 69. W Main Street & Clay Center RAB $194.00 $94.00 70. Main Street & Gray Road RAB $194.00 $94.00 71. Main Street & Keystone East RAB $289.00 $189.00 72. Main Street & Keystone West RAB $289.00 $189.00 73. Main Street & Hazel Dell Pkwy RAB $194.00 $94.00 th74. Main Street & 4Ave Fountain Only 75. Main Street & Ditch RAB $194.00 $94.00 76. Olivia on the Main $289.00 $189.00 77. Executive Dr. / Carmel Dr. & Rangeline 289.00 $189.00Rd 78. The Carter Green $194.00 $94.00 79. The Palladium $289.00 $189.00 80. The Tarkington $94.00 81. War Memorial Irrigation/ Reflection Pond $289.00 $189.00 82. Civic Square Fountain $194.00 $94.00 83. Sophia Square Irrigation 84. Matt the Miller & Dog Run (Monon Steps) $194.00 $94.00 85. Nash Fountain 9 L Lb t Service Call Rates: $125.00 - This fee will be added to the service below ifnot already on site. If multiple sites need service, only 1 service call fee will be applied per technician per day. thApril18, 2023 Remove and Replace and retest 1" RP: $578.50 Remove and Replace and retest 1.5" RP: $1014.00 Repair 1" PVC w Slip fixand coupler: $149.5 Repair 1.25" PVC w Slip fixand coupler: $162.50 Repair 1.5" PVC w Slip fix and coupler: $195.00 Repair 2" PVC w Slip fixand coupler: $227.50 Replace 1" Valve: $136.00 Replace 1" Solenoid: $86.00 Replace 1" Valve Diaphragm: $65.70 Repair Cut Funny pipe $34.95 Remove and replace 1804 $53.20 Remove and replace 1812 $67.10 Lower 1804 Sprinkler $20.97 Lower 1812 Sprinkler $58.70 Replace damaged or missing nozzle $23.76 Remove and Replac34.95 47.55 Repair broken drip line $11.20 Repair broken drip fitting $8.45 Replace Drip Line $22.36 96.45 box $128.60 Raise valve box $62.90 Lower valve box $62.90 35.60 92.30 65.70 Thank you Jim Kisler President Landscape Management Midwest Landscape Industries 317-714-5623 jkisler@mli-in.com 4/19/2023 MIDWEST LANDSCAPE INDUSTRIES, INC INDIANAPOLIS, IN 46219 - 108688 6800 E 30TH ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 372342 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 75871 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: irrigation1 $25,504.00 $25,504.00Each 25,504.00SubTotal 25,504.00 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. 108688 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzBmmjtpoMzodi.NdHsbuibu3;22qn-Bqs32-3134 Exhibit A Preventative Maintenance Agreement For: Indiana Design Center 200 S Range line RD. Carmel, IN 46032 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary16, 2023, through January 15, 2024 The agreement price is $2,618.00 for one year, to be paid $1,309.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 1 XX ClintRempeAuthorizedRepresentativeServiceAccountManager This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate – 7a.m. to 3:30p.m. Monday – Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 2 Schedule of Maintained Equipment Indiana Design Center Snow Melt System Bi-annually (2x) 2) Glycol Pumps 2) Condensing Boilers 1) Glycol Fill System Allmaintenancewill beperformedaccordingtothe manufacturer’s recommendations. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to all areas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside of normal working hours will be billed at overtime rates. 6. The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 4 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’s customers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 6 Preventative Maintenance Agreement For: Carmel Street Department st3400131 Street Carmel, IN 46074 This Preventative Maintenance Agreement is designed to provide the following benefits: Increase Energy Efficiency Reduce Mechanical Failure Improve Comfort Conditions Improve Overall System Reliability Assist with Maintenance Issues Sexson Mechanical Company will provide the services in accordance with the schedules, terms and conditions on the pages which are attached and listed below. Type of Service: Preventive Maintenance Program with inspections to be performed per attached document for one year. Any repairs will be invoiced at Preferred hourly rates. Agreement coverage will begin on: ththJanuary16, 2023, through January 15, 2024 The agreement price is $5,236.00 for one year, to be paid $1,309.00 per quarter. The coverages included in this agreement, including terms, conditions and schedules attached, will constitute the entire agreement between Sexson Mechanical Company and City of Carmel. This agreement is the property of Sexson Mechanical Company and is provided for the customer’s use only. No waivers, changes, or modification of any terms and conditions shall be binding on Sexson Mechanical Company unless made in writing and signed by authorized management of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 1 XX ClintRempeAuthorizedRepresentativeServiceAccountManager This annual agreement shall continue in effect for one year unless either party gives written notice to the other of intention not to renew thirty (30) days prior to any anniversary date. Sexson Mechanical Company Customer Emergency Services and Rates Emergency services, repair labor and materials not covered by this agreement will be invoiced separately. Materials are billed at consumer list price plus 15%. Hourly Rate – 7a.m. to 3:30p.m. Monday – Friday $ 95.00/hour Overtime Rate $ 120.00/hour Premium Hours Sundays and Holidays $ 150.00/hour Truck Charge $ 75.00 These services are performed on a Time and Material basis. When circumstances permit, an estimate for the costs of alterations and repairs will be submitted for approval. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 2 Schedule of Maintained Equipment Carmel Street Quarterly (4x): 1) Air Handler MUA 5) Electric reheats 4) Force heater 1) Return fan 1) Condensing unit Annually (1x) 10) Exhaust fans Tube heaters Allmaintenancewill beperformedaccordingtothe manufacturer’s recommendations. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 3 Terms and Conditions General 1. Sexson Mechanical Company agrees to perform all work in a careful and workman-like manner and to furnish only materials of good quality. 2. The client agrees to operate and maintain the equipment covered by this agreement in accordance with the manufacturer’s guidelines of operation 3. The customer will provide reasonable access to all areas and equipment. 4. All tests and inspections and non-emergency repair or replacement will be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. 5. Emergency repairs outside of normal working hours will be billed at overtime rates. 6. The customer will notify Sexson Mechanical Company of any defect in the system promptly when it becomes known to them. 7. If any emergency call is made at the customer’s request and no defect is found to be present, Sexson Mechanical Company may charge the customer at the preferred customer rate for such services. 8. In addition to any price specified on the face hereof, the customer shall pay and be responsible for the gross amount of any present or future sales, use, excise, value added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Sexson Mechanical Company on behalf of the customer whether such tax shall be local, state or federal in nature. This will include but not be limited to the recovery; recycling, reclamation, handling and disposal of all refrigerants or halons and the additional costs incurred for refrigerant tax and/or increased costs due to shortages. 9. Payment for the maintenance agreement will be made in advance of the period during in which the service is provided. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 4 10. Sexson Mechanical Company will adjust the price of this agreement annually on the anniversary date to reflect prevailing labor and material costs. 11. Acceptance of this agreement by Sexson Mechanical Company assumes that all systems and equipment covered are in functioning condition. If repairs are found necessary during the new agreement start up inspection or an inspection visit, a repair proposal will be submitted for approval. If repair proposal is declined, the non-functioning items will be eliminated from the maintenance agreement and the agreement price adjusted accordingly or the agreement may be canceled or otherwise revised. 12. Repair, replacement, and emergency service provisions apply only to the systems and equipment covered by this agreement. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, piping, unit cabinets, insulating material, electrical wiring, structural supports, and other non-moving parts are not included in this agreement. 13. If the system(s) or equipment covered is altered, modified, changed, or moved this agreement may be adjusted accordingly or terminated. Limitations of Liability and Indemnities 1. Sexson Mechanical Company will not be liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, partial or complete failure of the sprinkler system to function, act of God, or any other causes beyond Sexson Mechanical Company reasonable control. 2. In no event, whether as a result of breach of contract, or any tort including negligence or otherwise shall Sexson Mechanical Company or its suppliers, employees, or agents be liable for any special, consequential, incidental, or penal damage including, but not limited to, loss of profit or revenues loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’s customers for such damages. 3. No other warranty or other liability is given and no other affirmation of Sexson Mechanical Company by word or action shall constitute a warranty. This warranty is expressly in lieu of any other expressed or implied warranty including any implied warranty or merchantability of fitness, and any other obligation on the part of Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 5 4. Sexson Mechanical Company warrants materials only to the extent and for the time period said materials are warranted to Sexson Mechanical Company by the manufacturer of the same. Sexson Mechanical Company liability, if any, upon any warranty, either expressed or implied, shall be limited to replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by Sexson Mechanical Company. Sexson Mechanical Company, LLC 1001 Commerce Parkway South Drive, Suite A Greenwood, IN 46143 Office: 317 884-0010 Fax: 317 884-0040 Page | 6 2/21/2023 SEXSON MECHANICAL CORP SUITE A GREENWOOD, IN 46143 - 108556 1001 COMMERCE PKWY S DR City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 374136 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 74395 2201Department:2201Fund:Motor Vehicle Highway FND 43-509.00Account: Maintenance Agreement - CSD1 $5,236.00 $5,236.00Each 5,236.00SubTotal 5,236.00 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. 108556 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner 2/21/2023 SEXSON MECHANICAL CORP SUITE A GREENWOOD, IN 46143 - 108555 1001 COMMERCE PKWY S DR City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 374136 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74394 1206Department:101Fund:General Fund 43-509.00Account: Maintenance AgreementIDC1 $2,618.00 $2,618.00Each 2,618.00SubTotal 2,618.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108555 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzBmmjtpoMzodi.NdHsbuibu21;38bn-Bqs36-3134 Exhibit A RVPUF!GPS!TFSWJDFT 714!Tbmfn!Tusffu bill@streetlogix.com Xblfgjfme-!NB!12991 xxx/tusffutdbo/dpn 2.728.4::.9347 619.446.3511 RVPUFGPSTFSWJDFT TusffuTdboDbsnfm!Usbjm!Tztufn!Tdbo Djuz;!Ebuf;Nbsdi!34-!3134Up; CityofCarmel, IndianaKbnft!Svoemf.Ebub!Ufdiojdjbo st3400W. 131Djuz!pg!Dbsnfm!Tusffu!Efqu/ Carmel, IN 46074ksvoemfAdbsnfm/jo/hpw 428.844.3112!fyu!2425 SIDEWALK MANAGEMENT SIDEWALKSSERVICESINCLUDED$/MITOTALMILES ScanCar/ScooterData Collection 241$27,715 Data Processing (Videos & Results) 115mi Sidewalk Project Management$10$1,150 Mobilization and Setup Cost*$8,100 TOTAL $36,965 Processed data from the collection survey will be uploaded to Carmel existing Streetlogix portal, with dedicated layers created for Trail Condition and Trail Maintenance. Trail scan cost is based on 115miles as provided by Carmel. Carmel will be invoiced for actual trail miles scanned. Trail GIS layer will be reviewed for completeness and desired segmentation by Carmel and StreetScan. StreetScan Operations Team will review scope of work and preparations necessary by Carmel to complete a safe and comprehensive scan. QP!$; Tjhobuvsf; Ebuf;! Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 108623 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/23/2023376481 STREETSCAN INC Street Department VENDORSHIP605SALEMSTREET 3400 W. 131st Street TO Carmel, IN 46074- WAKEFIELD, MA 01880 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 75173 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-509.00 1EachPavement Scanning & Software$36,965.00$36,965.00 Sub Total 36,965.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 36,965.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN 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 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Lee HigginbothamJames Crider TITLECommissionerDirector ofAdministration CONTROL NO. 108623 CONTROLLER CzTfshfzHsfdivlijobu3;22qn-Bqs36-3134 April 26, 2023 City of Carmel Street Department 3400 W 131st St, Carmel, IN 46074 Attn: Crystal Edmondson cedmondson@carmel.in.gov Project: Change Order – Sophia Square CO#3 Crystal, LRT appreciates the opportunity topropose a solution for your project. This letter details thescope, price, and other key items of our proposal. The most important part of our solution for your project isthe outstanding team of LRT PEOPLE who are always included in allthe work we do for our customers. We hope to have the chance to show you why our PEOPLE make LRT the bestchoice. Change Order Scope of Work – Work Description: 1.Added Fountain waterproofing along Curb (<=65 LF) a. Chip out at the bottom of the curb along fountain. Remove 2”x3” b. Dry substrate as best as possible c. Patch back with Hydraulic cement d. Try and save existing waterproofing PRICE: $12,205.00 Total Price ......................................................................................................$12,205.00 Schedule Delay 3Days General Clarifications: 1. This proposal isbased on the provided drawings and specifications 2. Efforts will be made to not damage wall pieces but given the nature of this scope some damages may occur that are outside of our control and those costs are not included in this proposal 3. Proposal assumes mutually agreed upon contract terms inclusive of this proposal language and the attached Standard Terms and Conditions for Proposal 4. Proposal assumes acceptance of allprovided scopes of work, ifawarded partial scopes, LRT reserves the right to modify proposal pricing based on total awarded scope 5. Proposal isbased on one mobilization, unless noted otherwise above 6. Proposal isbased on one phase with all work being performed concurrently and continuously, unless noted otherwise above 7. Assumes site isclear of debris, equipment, materials, and vehicles prior to mobilization 8. Proposal isbased on quantities noted above and are estimated based on visual inspection. Due to the nature of repair and restoration work, itmay become apparent additional repairs are necessary. Upon commencement of work, LRT will identify and report to the Owner any discrepancies from the included quantities, at which time the Owner may elect to forgo additional repairs at their discretion 9. Assumes adequate site storage, laydown area and onsite parking 10. Assumes use of onsite water and electric, provided by others 11. Assumes all mockups to be in-place mockups 12. Normal wage rates and normal working hours assumed 13. General cleaning is included, final cleaning is excluded 14. Sales tax isincluded 15. LRT may require as much as 60 days’ notice prior to required mobilization 16. Due to ongoing market volatility, the following temporary clarifications to this proposal apply: Page 2of4 a. LRT Restoration Technologies (“LRT”) reserves the right that in the event of significant material or commodity price escalation after the bid date to equitably adjust its price which will be reconciled upon contract execution. In addition, LRT’s contract to perform the work subject to this proposal will contain mutually agreeable terms to address significant material or commodity price escalation that are not foreseen at contract execution. b. This proposal isvalid for 20 days c. Material surcharges, at date of this proposal, have been accounted for d. Material lead times have been unpredictable, at time of contracting, LRT willresearch current lead times versus the proposed construction schedule and, ifneeded, provide alternative material for review. Potential cost impacts may apply with the changes General Exclusions: 1. All work not specifically described in the scope of work above 2. Permits 3. Bonds 4. Builder’srisk insurance 5. All testing and inspections 6. Engineering and anyassociated fees 7. Restroom facilities 8. Hazardous material abatement or remediation and disposal, including but not limited to lead and asbestos. LRT requires documentation that all hazardous materials have been removed and site is clear prior tomobilization 9. Temporary lighting, electric, andwater 10. Dewatering, drying, and pumping of work areas 11. Removal of snow, water, and ice from work areas 12. Weather protection and temporary heating 13. Temporary protection and protection of adjacent finishes 14. Window cleaning and/or protection 15. Painting and other finishes, unless noted above 16. Sheeting, shoring, underpinning, unsuitable bearing material replacement, orbracing and associated design unless noted above 17. Removal of unforeseen obstructions not specifically noted above. 18. Relocating any equipment, electrical, mechanical, plumbing or other items that will impede access to our work 19. Traffic control, flagmen and barricades 20. Sidewalk and overhead protection, unless noted otherwise above. 21. Landscaping restoration, re-seeding, and re-grading. We look forward to further discussion on this project. Please feel free to contact us if you have any questions or ifwe can be of any further assistance. Matt Breitenstein Project Manager C: 513-267-4955 breitensteinm@LRT.biz Page 3of4 TEAMS &SOLUTIONS Our Strength in Your Structures We areoutstanding teams ofpeople providing solutions forthe restoration, repair, and protection ofour customer’sstructures. CONCRETE 03 0100Maintenance of Concrete 03 2500Composite Reinforcement NEW CONSTRUCTIONWATERPROOFING033500ConcreteFinishing Protection Against Water, Air, & Fire033543PolishedConcreteFinishing forNewStructures033546ConcreteTopicalTreatments 03 3700Shotcrete & Pneumatically Placed Concrete STRUCTURAL033800Post-Tensioned Reinforcement Repairs 03 49 00Glass-Fiber Reinforced Concrete Concrete Repair, Retrofit, & Strengthening for036300EpoxyGroutingAllTypesofStructures036400InjectionGrouting BUILDINGENVELOPEMASONRY 04 01 00 Maintenance ofMasonry& Cleaning Masonry Façade Repair & Maintenance for040120UnitMasonryRestoration & Tuckpointing All Types ofBuilding Envelopes042000UnitMasonryInfills 04 2129 Terra Cotta Masonry INDUSTRIAL042200CMUElevatorShafts Repair, Retrofit, & Maintenance for044000StoneMasonryAssemblies Industrial Facilities and Concrete Floors047200CastStoneMasonry THERMALMOISTURE & PROTECTION GENERALCONSTRUCTION071000DampProofing & Waterproofing Restoration & Repair for Structures in071200Built-Up Bituminous Waterproofing Need ofaComplete Solution071300SheetWaterproofing 071400Fluid-Applied Waterproofing DOT/INFRASTRUCTURE071413HotFluid-Applied Waterproofing 07 16 16 Crystalline Waterproofing Repair, Protection, & Strengthening for071700BentoniteWaterproofingTransportationandInfrastructure071800TrafficCoatings 07 19 00 Water Repellents 072500Weather Barriers 072600Vapor Retarders MARKETS SERVED072700AirBarriers Commercial075616PMMAFluid-Applied Waterproofing Entertainment078400Firestopping Education079000JointProtectors Government/Public079100Pre-Formed Joint Seals Historical079200JointSealants Institutional079500ExpansionJoints & Cover Assemblies Industrial/ManufacturingINDUSTRIALFINISHESInfrastructure 096700Fluid-Applied Resinous Flooring Manufacturing & Distribution 099600High-Performance Coatings Medical 099653Elastomeric Coatings Water & Wastewater Facilities 099656Epoxy Coatings 099726Cementitious Coatings Page 4of4 STANDARD TERMS AND CONDITIONS FOR PROPOSAL LRT Restoration Technologies, LLC 1.CHANGES TO WORK.Customer represents toLRT, prior toLRT commencing the Work, that alldrawings (and associated Project specifications) provided toLRT and upon which LRT reasonably relied oninpreparing this Proposal are 100% ready for construction. No changes willbe made tothe scope ofthe Work, nor will the Contract Price bechanged except bywritten change order signed byboth parties. LRT will not perform extra-contractual work without prior written authorization from Customer. Any extra-contractual work LRT performs will bebased upon unitprices and must becomplete before LRT’sbase bid substantial completion date orCustomer willprovide LRT with acorresponding schedule extension. LRT will onlysign change orders that account forboth cost and additional performance time (ifany) associated withany changes. Customer will process allchange orders within 30days after submittal byLRT. LRT is notperforming any design orengineering work aspart of theWork. 2. PAYMENT. LRT will submit monthly invoices toClient, who willpay LRT for theWork within thirty (30) days after LRT’s submission ofareasonably detailed invoice/payment application. Allpayments shall be remitted toLRT’scorporate offices at990 North Main Street, PO Box 569, Monroe, Ohio 45050. Unless otherwise mutually agreed tobyboth parties, noretainage willbewithheld onany LRT invoice/payment application. If mutually agreed upon byboth parties, Retainage of5% onLRT work may be withheld onthe first 50% ofthe billed contract price AND must bepromptly paid within 60 daysupon the completion and acceptance of LRT’swork regardless of whether project-wide retainage isreleased. 3.PERFORMANCE OF WORK; WARRANTY.LRT will commence the Work on the date noted in the Proposal orwhere this isabsent, within amutually agreeable number ofdaysafter Customer’snotice toproceed. LRT anticipates itwill complete the Work per the schedule information ithas provided intheProposal or, where noschedule information isprovided, within amutually agreeable number ofdays after commencement, subject to delays caused bylabor disputes (involving on-site personnel), strikes, acts ofGod, unusual weather conditions, interruptions, obstructions, schedule acceleration, delays, out ofsequence work orany other cause beyond LRT’scontrol. Ifany such event occurs, LRT willtimely submit awritten change order documenting itsadditional costs forreview and approval byCustomer and LRT’swork schedule willbeextended appropriately. LRT isnot responsible for, and Customer waives allrights against LRT forany consequential, incidental, special, indirect, orliquidated damages. LRT shall restrict its operations, including storage ofmaterials and parking ofvehicles, toareas approved by Customer, such approval nottobeunreasonably withheld ordelayed. LRT will maintain thework site inaneat and orderly condition; however, Customer, orothers besides LRT, are responsible forand will provide receptacles that conform toallOSHA and EPA standards forwork materials thatmay beusedonthe jobsite. LRT will promptly repair anydamage toany other part ofCustomer’sproperty caused byLRT,itsemployees, agents, orsubcontractors. LRT willcomplete theWork inagood and workmanlike manner, with due diligence. LRT warrants that the completed Work will conform toany agreed to specifications (ifany) and will befree from defects indesign, material, orworkmanship for aperiod of one (1) year after LRT’scompletion ofthe Work. 4. HAZARDOUS CONDITIONS. IfLRT discovers conditions on-site that are potentially dangerous toitsemployees, but are the responsibility of others to correct, LRT willimmediately advise Customer ofthe hazards. The Customer’sfailure to immediately eliminate the hazard will legally justify LRT’swithdrawal ofits employees from the hazardous area until Customer makes these corrections. LRT shall bereimbursed foradditional costs resulting from any delays resulting from Customer’sfailure totimely comply. Hazardous soils, materials, waste, etc. that are not brought on thesite byLRT orused inLRT’soperations shall beremoved and disposed ofbyother contractors. 5. COMPLIANCE WITH LAWS. LRT will comply with allapplicable federal, state, and local lawsand regulations governing itsperformance ofthe Work, including, butnot limited to, the Construction Safety Act of1969, theOccupational Safety and Health Act of 1970 (“OSHA”) and state specific safety requirements governing theWork, and LRT will obtain, atCustomer’sexpense, allrequired permits forthe Work except forthe Project building permit. 6. INSURANCE.LRT willcarry thefollowing insurance attheminimum levels setforth inthis Section and deliver toCustomer certificates ofinsurance upon request evidencing this coverage: (a) Commercial General Liability: $1,000,000 per occurrence bodily injury and property damage liability, 2,000,000 general aggregate and $2,000,000 products and completed operations aggregate; (b) Automobile Liability that includes owned, leased or non-owned vehicles: $1,000,000 combined single limit peraccident; (c) Worker’sCompensation: Statutory insurance inthestate where the Project islocated; (d) Employer’sLiability: $1,000,000; and (e) Contractor’sPollution Liability: $1,000,000 per claim and $1,000,000aggregate. LRT will not provide Builder’sRisk insurance, which shall beCustomer’sresponsibility, although LRT will maintain coverage for thevalue ofmaterials / work LRT installs orprovides. Aspart ofany insurance coverage required onthe Project for the Work, LRT will provide Customer awaiver of subrogation and/or name Customer asanadditional insured. Unless specifically requested and only tothe extent required under Customer’sprime contract related totheWork, LRT will notprovide anyother contractor orProject-related entity with awaiver ofsubrogation orname them as additional insured. LRT willnot provide Builder’sRisk insurance, which shall beCustomer'sresponsibility. 7. INDEMNITY. LRT will indemnify and hold Customer harmless from and against allclaims, liabilities, costs, and expenses (including reasonable attorneys’ fees) inproportion to andto theextent theyresult from anynegligent actoromission orintentional misconduct ofLRT, itsemployees, or agents, inperforming the Work. LRT assumes noresponsibility and Customer agrees torelease LRT and hold itharmless forany contributory or other fullor partial negligence orwrongful acts ofCustomer, itsagents, employees, architects, contractors, representatives, or invitees, or for any defect ordamage arising from any defective ornonconforming plans orspecifications prepared by others. 8. ENTIRE AGREEMENT. This Agreement contains the parties’ entire agreement regarding this Project and supersedes all other prior or contemporaneous oral and written understandings oragreements regarding the Project and maynot beamended except bywritten agreement signed bybothparties. 9. GOVERNING LAW. This Agreement will begoverned bythe law ofthe state where theProject islocated. CzTfshfzHsfdivlijobu3;46qn-Bqs37-3134 ClubCar, LLC BrookshireGolfCourse - 2023 Appropriation #1207-43-530.99; P.O. #108649 ContractNot ToExceed $36,353.00perannum 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 apart of the Goods and Services. 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 and Services as specified herein; c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within twenty (20) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to 1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any 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. 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 third-party liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property to the extent arising from or in connection with VendorÓs provision of Goods and Services 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 third-party claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, to the extent caused by any act or omission of Vendor and/or of any of VendorÓs agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 2 ClubCar, LLC BrookshireGolfCourse - 2023 Appropriation #1207-43-530.99; P.O. #108649 ContractNot ToExceed $36,353.00perannum 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 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 ÐIndiana E-Verify LawÑ), 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, itshall 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 CityÓs prior written consent, which shall not be unreasonably withheld. 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 3 ClubCar, LLC BrookshireGolfCourse - 2023 Appropriation #1207-43-530.99; P.O. #108649 ContractNot ToExceed $36,353.00perannum 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 isinvalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel AND City of Carmel Brookshire Golf Course Office of Corporation Counsel 12120 Brookshire Pkwy One Civic Square Carmel, Indiana 46033 Carmel, Indiana 46032 If to Vendor: Club Car, LLC 1074 N. Orange Ave. Sarasota, FL 34236 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, 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 non-appropriation of funds, City shall certify in writing that (a) funds have not been appropriated for the fiscal period in question and (b) City has exhausted all funds legally available for the subject payments. 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 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 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 4 ClubCar, LLC BrookshireGolfCourse - 2023 Appropriation #1207-43-530.99; P.O. #108649 ContractNot ToExceed $36,353.00perannum 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 VendorÓs 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 CityÓs 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, not to exceed three (3) consecutive renewal periods, 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 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. 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 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. 27. 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. 5 ClubCar, LLC BrookshireGolfCourse - 2023 Appropriation #1207-43-530.99; P.O. #108649 ContractNot ToExceed $36,353.00perannum 28. 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. 29. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA Club Car, LLC by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: Printed Name Mary Ann Burke, Member Date: Title Lori S. Watson, Member FID/TIN: 13-3488925 Date: Last Four of SSN if Sole Proprietor: ATTEST: Date: Sue Wolfgang, Clerk Date: 6 Exhibit A Equipment Rental Agreement Issued Date: April21, 2023 Customer Information FullLegal Name ( ÐCustomerÑ) Course Name CityofCarmel Brookshire GolfCourse Equipment Location/ City/ County/ State/ Zip Type ofOrganization 12120BrookshireParkway, Carmel, IN46033 Municipality Billing Address/ City/ County/ State/ Zip (ifdifferent) Organization Jurisdiction Indiana Billing Contact Name Title TaxIdentification NumberBillingEmail: bhiggins@carmel.in.govBobHigginsPhone: (317) 249-2716 Course Information Holes GolfCarMake/Model/Year/Power/Motor Controller Installation Type 18 ClubCarTempo - lithium Factory Equipment Selected Options: Quantity Equipment Description None68VisageDisplayInstalledonVehicle Included Standard Connectivity Module Included Car Control Module Included Car Tracking Module Included Golf Experience Module See attached Exhibit A for a detailed feature set description. Term and Payments Term (Months) Annual Payment: # Security Payment J F M A M J J A S O N D Deposit Months X48Xindicates36,353.00 plus tax 0 payment month) USD) Payments are due annually in advance. Four payments of $36,353 for a total of $145,412.00 shall be due during the term of this Agreement. TERMS AND CONDITIONS 1. System. Customer shall rent a mobile golf information system comprised of the equipment listed above enabled with the selected modules further described on Exhibit A (the ÐSystemÑ). 2. Term. The term of this Agreement (including any extensions hereto, the ÐTermÑ) shall commence on the Effective Date and run for a term of forty-eight (48) months from the ÐDate of CompletionÑ (the date Customer accepts installation of the System). The Term of this Agreement shall be extended at the conclusion of the initial Term for additional one-year Terms unless terminated by either party upon not less than 90 days written notice prior to the conclusion of the then current Term. 3. Payments. Customer shall make all Payments stated in this Agreement according to the payment terms above beginning on the Date of stththCompletion.. If the Date of Completion is between the 1 and 15 day of the month, all Payments will be due on the 15day of each month. thstIftheDateofCompletionisbetweenthe16andthelastdayofthemonth, all Payments will be due on the 1day of each month. All amounts payable under this Agreement are payable at CCLÓs address below or at such other address as CCL may specify in writing from time to time. Time is of the essence for all obligations arising hereunder. 4. Taxes and Insurance. Customer is required to provide and maintain insurance related tothe System, and topay any property, use and other taxes related to this Agreement or the System. (See sections 7 and 12.3 on the following pages). If Customer is tax-exempt, Customer agrees to provide satisfactory evidence of exemption. 5. Installation. CCL shall deliver and install the System at the equipment location listed above. 6. Maintenance Service. CCL shall provide maintenance service based on the Service Terms and Conditions, set forth in Exhibit B, for a period beginning with the Date of Completion and ending at the conclusion of the Term. SEE THE FOLLOWING PAGES FOR ADDITIONAL TERMS AND CONDITIONS Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A 1 (8) Equipment Rental Agreement Terms and Conditions Continued) 7. Taxes. All Payments made under this Agreement shall be net to CCL. Customer shall pay all taxes, tax pass along, assessments, and any sales, use, personal property incurred in connection with the System or otherwise with respect to this Agreement. If tax-exempt, the foregoing shall not apply provided Customer has provided CCL satisfactory evidence of exemption; provided, however, that Customer understands and agrees that CCL, as owner of the System equipment, will pass along to Customer any additional cost derived from personal property tax. 8. Ownership. CCL is the owner and has title to the System. The only right, title or interest Customer shall have in the System shall be under the terms of this Agreement. This is a rental of personal property and Customer agrees to do everything necessary or reasonably requested by CCL to ensure that the System shall be considered and remain personal property. Customer shall, at its own expense, keep the System free and clear of all liens, charges, claims and other encumbrances. CCL may encumber, sell, lease, or otherwise finance the System, although such actions will not relieve CCL of its obligations under this Agreement. Customer agrees to execute and deliver from time to time as requested any document necessary or desirable to evidence CCLÓs or its assigns ownership of and all rights to the System. CCL or its assigns may, upon notice to Customer, enter onto CustomerÓs property and remove the System following the termination of this Agreement or at any other time authorized by this Agreement or by law. Without limiting the generality of the foregoing, to secure CustomerÓs payments under this Agreement, Customer agrees to give CCL a security interest in the System and all additions, attachments, updates, accessories and substitutions to it. Customer agrees to any assignment of that security interest. 9. Software License. Customer understands that CCL does not sell its software. For the Term, CCL grants Customer a nontransferable, non-exclusive license to use the software only in conjunction with the System and only as expressly authorized in this Agreement. ÐSystem SoftwareÑ means standard system software included with the System provided to Customer. Customer shall (i) hold System Software in confidence and not disclose it to anyone other than its employees and consultants who require disclosure in connection with CustomerÓs use of the System and who are subject to confidentiality obligations in substance at least as strict as these, (ii) not print, copy, modify, translate, alter, reverse compile, decompile or reverse engineer System Software, (iii) not remove any CCL copyright, trademark or other proprietary notice from System Software and shall reproduce all such notices on copies made by Customer, and (iv) not transfer System Software or assign any license or rights regarding the System Software. 10. Force Majeure. CCL shall not be liable for any interruption in service, delay in the delivery, or disruption of performance of the System resulting from any cause beyond its reasonable control or caused by acts of God, acts of Customer, acts of civil or military authorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation, or shortages. 11. Delinquency Charges. Payments not paid by 5days after the Payment due date are subject to a late payment fee of ten percent (10%) of the Payment amount and subject to interest at the rate of two percent (2%) per month, or the maximum percentage allowed under applicable laws, whichever is less. Should any fee paid by Customer under this Agreement result in interest in excess of the maximum lawful rate, then such excess shall be automatically credited to Customer. 12. Customer Responsibilities. Customer hereby agrees to the following responsibilities as a part of this Agreement: 12.1. Customer agrees to store safely and properly secure the System in areasonably safe area protected from the weather when not in use. At all times, Customer shall use and operate the System in a careful manner, in compliance of all applicable laws and in compliance of any maintenance or operating manuals and instructions provided by CCL. Customer shall not use or operate the System in a manner that may subject it to depreciation above the normal depreciation associated with its specified use. Customer acknowledges and agrees that it will not allow any repairs to the System or the replacement of System parts to be done by any person except CCL or persons authorized by CCL. Customer shall not make any additions, subtractions or alterations affecting the System without the written consent of CCL. Customer shall use reasonable efforts not to permit any System to be abused by an employee, vandalized by any third party, permit the removal of any plate or markings put on the System by CCL, or attach anything to or remove anything from the System. 12.2. Customer shall not install software unauthorized by CCL on the System. 12.3. Customer assumes responsibility for all risk of loss to the System and all of its components from the time any of the components arrive at the CustomerÓs premises. Customer shall procure ÐAll RiskÑ property loss (personal business property & equipment) and general public liability insurance covering the system and its use and shall name Club Car, LLC and its assigns as additional named insured and loss payee. Customer shall provide CCL with certificates or other evidence of insurance, acceptable to CCL, before this Agreement Term begins. If Customer does not procure the insurance required, CCL may obtain such insurance and pay the amounts due thereon. Customer will reimburse CCL, upon demand, for the amount of such payment or cost of such performance. Even if the System is damaged, lost or stolen Customer shall fulfill all of its obligations hereunder. 12.4. If requested, Customer will reasonably cause third-parties to execute any leasehold or other waivers regarding the attachment of the System components to any car, maintenance vehicle, or other attachment to real or personal property on the premises. 12.5. At the termination of this Agreement, in case of default, if not extended, or otherwise modified, Customer agrees to provide CCL with reasonable access to CustomerÓs facility for the de-installation and removal of the System. Prior to CCLÓs removal of the System, Customer shall be responsible for repair or replacement of any damaged or missing System components, if caused by CustomerÓs misuse, abuse and/or negligence. CCL will use normal care in the de-installation and removal of the system, which will be performed so as not to unduly disrupt the operations of the golf course. 13. General 13.1. Assignment. Customer acknowledges that CCL may assign to a successor all or any part of its right, title and interest in this Agreement, and hereby consents to such assignments. In case of such assignment, Customer agrees to continue to perform all of its obligations under this Agreement. 13.2. Events of Default and Remedies. 13.2.1. In the event that the Customer violates any provision of this Agreement and CCL believes the System or any property or rights of CCL to be threatened, CCL may immediately disable the System. In addition, in the event that Customer violates any provision of this Agreement and such violation continues for a period of at least twenty (20) days after notice in writing of such default from CCL, Customer shall be deemed to be in default and CCL may (at its sole election), in addition to any other legal or equitable remedy permitted by law: a. remove or disable the System; b. terminate this Agreement and CustomerÓs rights herein and retain any and all prior payments paid to CCL by Customer ÐTerminationÑ). c. In the event of termination of this Agreement, whether due to an Event of Default or otherwise, if Customer does not allow CCL onto the Golf Course to de-install the System, and does not otherwise make the System available to CCL to 2 (8) Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement de-install, in addition to any other rights or remedies available to CCL, Customer shall pay to CCL any and all costs incurred by CCL in collecting its System and any other amounts due to CCL, including without limitation all legal fees and costs, whether or not suit is commenced, and further, in addition to the foregoing, Customer will pay the full monthly payment multiplied by 1.5 for each and every month after termination hereof that CCL is without possession of the System. d. This Section 13.2.1, without limitation, shall survive termination of this Agreement. 13.2.2. In the event that CCL violates any provision of this Agreement and such violation continues for aperiod of at least twenty 20) days after notice in writing of such default from Customer, CCL shall be deemed to be in default and Customer may pursue such remedies as it may have in law or in equity; provided, however, that if CCL cannot reasonably remedy the breach within twenty (20) days, the twenty (20) day period shall be extended for as long as CCL diligently pursues such corrective action in a prompt and reasonable manner, not to exceed ninety (90) days. 13.2.3. In addition to the other events of default under this Agreement, either party shall be in default if (i) a petition in bankruptcy is filed by either party or (ii) if a petition in bankruptcy is filed against either party and is not dismissed within 30 days ofthe date it is filed. 13.3. Notice. All notices required, permitted or given in accordance with the provisions of this Agreement shall be in writing, and either hand- delivered or delivered by recognized overnight courier to the offices listed in the first paragraph of this Agreement or such other address as either party may designate by notice as specified in this section. 13.4. Provided that the System is maintained properly pursuant to CustomerÓs obligations under this Agreement, CCL warrants that the installed System will provide distance measurements within established performance parameters pertaining to System components when the System is operated under conditions that are typically encountered on agolf course, specifically but without limitation: clear access to satellites and reasonably clear weather with temperatures between 32ºF and 120ºF. Customer acknowledges that GPS-produced distances are subject to a margin of error. Customer further acknowledges that terrain and topography affect the margin of error on a particular GPS receiver and that the margin of error may be increased under certain topographical conditions. WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE GOVERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY PROVISIONS SHALL BE CCLÓS SOLE LIABILITY WITH REGARD TO THE SYSTEM. CCL SHALL, IN NO EVENT, BE LIABLE FOR DAMAGES, FOR LOSS OF PROFIT, GOODWILL, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE SUFFERED BY CUSTOMER OR ITS CUSTOMERS AS A RESULT OF THE USE OF THE SYSTEM RENTED UNDER THIS AGREEMENT, EVEN IF DAMAGES COULD HAVE BEEN FORESEEN AND WHETHER OR NOT CCL HAS BEEN APPRISED BY CUSTOMER OR ITS CUSTOMERS FOR THE POSSIBILITY OF SUCH DAMAGES. CUSTOMERÓS EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY PROVISIONS SHALL BE LIMITED TO, AT CCLÓS OPTION, REPAIR, PERFORMANCE, ADJUSTMENT AND/OR REPLACEMENT, OR ANY COMBINATION THEREOF IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OR COST OF SERVICES PROVIDED, AS REASONABLY DETERMINED BY CCL, PROVIDED, HOWEVER, THAT CCL HAS RECEIVED WRITTEN NOTICE OF ANY SUCH WARRANTY CLAIM, SPECIFYING THE NATURE THEREOF, WITHIN THE APPLICABLE WARRANTY PERIOD. THESE WARRANTIES ARE MADE ONLY TO CUSTOMER AND ARE NOT TRANSFERABLE TO ANY OTHER PERSON OR ENTITY. ALL WARRANTY CLAIMS MUST BE MADE BY AN AUTHORIZED REPRESENTATIVE OR AGENT OF CUSTOMER. EXCEPT AS OTHERWISE PROVIDED HEREIN, CCL SHALL NOT BE LIABLE TO CUSTOMER, OR ANY OTHER PERSON OR ENTITY, FOR ANY CLAIM OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE FURNISHING OF MATERIAL AND SERVICE SOLD HEREUNDER UPON WHICH ANY CLAIM OF WARRANTY LIABILITY IS BASED. 13.5. General. This Agreement, together with the exhibits and schedules referred to in it, constitutes the entire agreement between the parties pertaining to the within subject matter and supersedes any prior understandings or oral or written. This Agreement may not be varied, modified, or amended except in writing signed by the parties. Waiver by either party of any breach or violation or default of any provision of this Agreement will not operate as a waiver of such provision or of any subsequent breach or violation or any default. The failure or refusal of any party to exercise any right or remedy shall not be deemed to be a waiver or abandonment of any right or remedy. If any term of this Agreement is for any reason invalid or unenforceable, the rest of the Agreement remains fully valid and enforceable. The headings in the Agreement are for convenience of reference only and do not constitute a part of it. The headings do not affect its interpretation. This Agreement shall be governed by and construed in accordance with the procedural and substantive laws of the State of Georgia. This Agreement may be executed by facsimile and/or electronic signature. The parties agree that this Agreement was fully negotiated by the parties; therefore, no provision of this Agreement shall be interpreted against any party because such party or its legal representative drafted such provision. Customer shall allow CCL to reference Customer in various marketing material or corporate literature, and to the use of approved photos of the CustomerÓs facility for various marketing materials or media. Customer further agrees to allow CCL to reference it in a press release or other media announcing it as a new location for its System. Any information and data arising out of or in connection with CustomerÓs use of the System shall be owned jointly by CCL and Customer. All work performed by CCL in connection with the services to be performed under this Agreement shall be performed by CCL as an independent contractor and not as the agent of Customer. CCL may subcontract any or all of the work to be performed under this Agreement but shall retain full responsibility for the work so subcontracted. 13.6. Supplemental or Replacement Provisions. Notwithstanding any provision to the contrary in this Agreement, supplement or replacement provisions, if any, shall be set forth on Exhibit E attached hereto. 3 (8) Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement EXHIBIT A Visage System Description TheSystemwillbeenabledwiththemoduleslistedunderEquipmentDescriptiononpageoneofthisAgreement. Additional modulesareavailableforsubscription. StandardFeatures: Batterystatusindicator andvehicle ¤ Overviewdisplayofeachhole, ¤ Electronicscorecard: Request ÐonchargeÑdisplay, ¤ Broadcastmessagingsuchas emailormobilenumberprior VehiclestatusÎon-charge, promotions, weather alerts, toscoring, (1stgreen) and ServicenotificationsÎbatterylevels ¤ Sponsorshipandadvertising againatend-of-round, andfaults, displayslots, ¤ Emailaddressreport. Odometer (miles, hours & amp ¤ Electronicinfoholderwith hours), playersÓ namesandmessaging, Serialnumberandmodelyear, CarTracking: Real-timeposition ofvehiclesand ¤ Pacenotifications, ¤ Pop-upnotifications- pace-of- equipment, ¤ Pace-of-playreporting, play, FindcarÎcurrentorlastknown ¤ Marshalcarmodetoinclude ¤ Real-timemessagingtoand location (worldwide), messagingtomarshal, fromclubhouse, Vehicledrivehistory, ¤ Roundsplayedreporting. ¤ Messagelogs. Pace-of-playtracking, CarControl: Fleetlockdown, ¤ Actionzonemessaging, ¤ Pop-upnotificationsÎaction Vehicle staging, ¤ Geofence, zoneviolation, Maxspeedsetting (Electriccaronly), ¤ Anti-tamper, ¤ Carpathonly, Actionzonecontrol: ¤ Vehiclegroupingby ¤ VisualnotificationÎvehicle oGascarsÎstop/reverse, department, vehicletype, speedchangeoractionzone oElectriccars - stop/reverseand membership, marshal, etc., violations. variablespeedcontrol, GolfExperience: Dynamicdistancestopinsand ¤ Teeshotdistance, ¤ Pinplacementmanager, pointsofinterest, ¤ Foodandbeverageordering, ¤ Foodandbeveragereports. Touchscreenfordistance, ¤ Blindteeshot, AdManager: AdMan: ImageGallery, Scheduled & automaticallypublishedads, GreentoTeespots, Fairway (par4and5holesonly) - FullandInsertspots. OptionalFeatures (Indicates selected): TournamentConnect: (Provides for integration with tournament management software, contracted separately) Video Flyovers AdManPro Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement - Exhibit A Î System Description 4 (8) EXHIBIT B Service Terms and Conditions 1. ScopeofService. 1.1. DefectiveComponents. CCLshallprovidemaintenanceserviceasprovidedforinparagraph2.3and2.4, at itsexpense, torepair, modifyorreplaceSystemcomponents, asnecessarythataredefectivein workmanship (ÐServiceÑ). CCLdoesnotwarrant thattheoperationoftheSystemshallbeuninterruptedor completelyerror-free. 1.2. Exclusions. Serviceshallnotinclude: (1) maintenance, repairorreplacementofpartsdamagedorfailingto operateduetoactsofGod, includingwithoutlimitstorms, atmosphericdisturbances, lightning, fire, hail, andflood; actsofgovernment, includingwar; catastrophes, accident, neglect, misuse, failureofsatellites, failureofelectricalpower, faultornegligenceofCustomer, causesexternaltotheSystemorfromanyother causebeyondthecontrolofCCL; (2) service andrepairofaccessories, attachments, oranyotherdevices thatarenotpartoftheSystem; (3) changes, modificationsoralterationsinortotheSystemrequireddueto newconstruction orchangestothegolfcourseorfacilities; (4) graphical changesafteracceptanceofthe System, (5) softwaredamage causedbyunauthorizeduse. 2. CustomerResponsibilities. 2.1. ProblemNotification. CustomeragreestopromptlynotifyCustomerSupportintheeventofanySystemor componentfailureandprovidediagnosticassistancetosupportCCLÓsserviceefforts. 2.2. ToContactCustomer Support. Customer shallhavereasonableaccesstoCustomer Supportduring businesshours. CustomerSupportprovidesusersupport, troubleshooting, anddiagnostic assistanceand isCustomerÓspointofcontactforreportingsystemproblemsorrequestingservice. a. Forallroutinerequestsandstatusinquiries, contactCustomer Supportviaemailto sar-cams@clubcar.com. b. Toreportemergencyorcriticalsystemissues, contactCustomerSupportbycallingthetoll freeCustomerSupportlineat888-575-2901. 2.3. ComponentReplacement. Customeragreestoperform thetaskofchangingoutreplacementcomponents providedbyCCL. Customerwillbebilledforrepairorreplacementofreturnedcomponentsthathavebeen damaged duetocausesnotcoveredbyServiceasdescribedinsection 1.2above. 2.4. RMArequestfordefectivecomponents. AReturnMaterialsAuthorization number (RMA) isrequiredforthe returnofanydefectivecomponent. ToobtainanRMA, CustomermustcontacttheCustomerSupport centerat888-575-2901. IfCustomerSupportdeterminesthatthecomponentmustbereturnedforrepair, CustomerSupport willissueanRMA. Customeristhenresponsibleforproperlyfollowingproceduresfor returningcomponents asinstructed byCustomerSupport. Anyrequestforspecialhandlingsuchas expeditedrepair, overnightreturndelivery, ornon-businessdaydeliverymaybesubjecttoadditional chargesbillabletoCustomer. CustomeragreestopayforshipmentofcomponentsreturnedtoCCL. CCL agreestopayforreturnshipmenttoCustomer. 2.5. AnunrestrictedbroadbandInternetconnectionateachlocationontheGolfCoursethatneedsaccess totheVisageSystem (includingF&Borderfulfillment) forthedurationofthisAgreementforSystem installation, monitoringandmaintenanceservice. Theinternetconnectionmustprovidethefollowing minimumspeedsasmeasured byonlinetestingtoolsfoundatsitessuchaswww.speakeasy.net: Minimum 120cartsormore 160cartsormore Download speed (Mbit/sec): 1.52.253.0 UpLoad speed (Mbit/sec): 0.50.751.0 2.6. BatterypowertotheGolfCar-mountedunitsatalltimes, andCustomeragreestoallowpowertobedrawn frompowersources tosupplySystemequipmentasneeded. CCLrequiresCustomermustusedeep-cycle batteriesforallgaspoweredvehiclesonwhichdisplayunitswillbeinstalled. 2.7. NotfewerthantwoCustomerstaffmembersfulltimeforthreedays (per18holes) toprovidelaborto assistCCLwithinitialinstallationofthegolfcartmounteddisplaycomponentsincludingremovalofanyprior existinghardware. CustomerÓspersonnelduringthisperiodwillbetrainedontheinstallation, maintenance andreplacementofthedisplayunits. Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement - Exhibit B Î Service Terms and Conditions 5 (8) 3. DefinitionofServiceElements 3.1. RemoteDiagnostics. CCLaccessesthecourseSystemviatheInternettoperformsystemdiagnostics, remotehealthmonitoringorspecifictroubleshooting procedurestodetect, identifyorcorrectfailures. 3.2. SoftwareUpdatesandEnhancements. CCLshallprovidesoftwaremaintenance fortheSystemSoftware. Softwaremaintenanceprovidesforbugfixes, patches, corrections, updatesandenhancements as available. Softwareupdatesdonotincludenewsoftwarefeaturesorhardwareproduct offeringsthatare soldseparately. 3.3. On-siteService. Ifaproblemcannotberesolvedthroughtelephone supportorbyshippingareplacement component, CCLmaydispatchatechniciantoCustomerÓssitetoaddresstheproblem. On-siteservices includinglabor, materials, andreasonabletravelexpensesarechargeable forsitevisitsthatresultfrom causesnotcovered byServiceasdescribedinsection1.2above. 4. PricingofAdditionalServices. ServicesnotcoveredunderServiceTermsandConditions (ExhibitB) orthatmaybe requestedfromtimetotimeareavailableaccordingtothepricesandtermsbelow. Allpricesandtermsforadditional servicesaresubject tochange. ForordersuptoUS$1,500, CCLwillprovideservicesuponreceiptandconfirmation of theorder. Payment willbedueupondeliveryofservices. ForordersofUS$1,500ormore, CCLrequiresasigned purchaseorderoradepositpaymentequalto50% oftheorderpricewiththefinalpaymentdueupondeliveryof services. CCLatitssolediscretionreserves therighttoholdordersforaccountsthathaveoutstandingpayablesbeyond terms. Schedulingofservicesdependsonmateriallead-timesandthebacklogofservice ordersatthetimeoforder confirmation Description Prices (USD) Graphical Changes $65 / halfhour MappingChanges $65 / halfhourplustravelandexpenses atreasonable cost GraphicsMedia 3DVideoFlyovers: $1,000/14holeset; $500/ additional7holeset RawdatafilesforCustomerÓsuse) 2DHoleImages: $500/18holeset; $250/ additional9holeset 2DTrackerCourseMap: $200 On-siteservice foritemsnotcoveredunder $400perhalfdayonsiteplus $40perhourtraveltimetoandfromsite Service (duetoexternalcausesoratcustomerÓs plustravelandexpensesatreasonablecost; plusanyapplicable requestforadditionalservices) materialcharges. RepairofGPSunitfordamagenotcoveredunder Level1: $100 - Damagetoexteriorplastichousing. DoesnotincludeServicedamagetothetouchscreenorLCDdisplay, Level2: $200 - Broken orcrackedtouchscreenorLCDdisplay, Level3: Completelossincludingwaterdamageordamagetointernal components. ReplacewithrefurbishedVDU $600 ReplacewithnewVDU $800 FleetReplacement Like-to-Likecarchangeover; (i.e. ClubCarTempo electrictoClubCarTempoelectricwhichrequiresno additional orreplacementmountinghardware), Customermayselectoptionaorb (90daysadvance noticerequired): a- ByCustomer (2-3people) + 1CCL $20/unitplustravelandexpensesatreasonablecost employee b- ByCCL (2-3people) on-site $42/unitplustravelandexpensesatreasonablecost FleetReplacementdifferenttypecars (90days Quotedoncasebycasebasis advancenoticerequired): Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement - Exhibit B Î Service Terms and Conditions 6 (8) ADVERTISING AGREEMENT This Advertising Agreement is attached to and incorporated into the terms of that certain Equipment Rental Agreement (ÐAgreementÑ) between Club Car, LLC (ÐCCLÑ) and City of Carmel dba Brookshire Golf Course ÐCustomerÑ). Capitalized terms appearing herein shall have the same meaning ascribed to them herein as in the Agreement unless otherwise noted. Ad Modules & Pricing Selection Feature Description AdMan: Standard package provides Fairway and Green-to-Tee spots. Price: Included with the Visage Control Center (VCC) CCL hereby grants Customer graphical exposure opportunities on the System that shall consist of Fairway (full page and insert spots) and available ÐGreen to TeeÑ full screen graphics to be used for local advertising and promotions or for tournament sponsorships but not for national advertising campaigns which are administered by CCL exclusively. Fairway spots are available onpar 4and par 5holes (fairway spots arenot available for par 3holes. Fairway spots include afull page Ðtouch-to-make-go- awayÑ and the quarter page insert). ÐGreen to TeeÑ is defined as the area just after a green and prior to the next tee (a200-yd distance between the green and next tee is required for aGreen to Tee spot to work.) CCL retains exclusive rights to all other advertising on the System and may sell ads for placement on the System. Customer retains right of approval, which shall not be unreasonably withheld, for such CCL sold ads and where approved will receive revenues, ifany, on acampaign-by-campaign basis. Customer agrees that itwill allow no third party to place advertising on the System. AdMan Pro: Ad Manager with access to all Ad Inventory. Price: $5.00 per unit per month Customer retains exclusive rights to all advertising onthe System and may sell ads for placement on and inconnection with the System and retain all such revenues. Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement Advertising Agreement 7 (8) Insurance Instructions City of Carmel dba Brookshire Golf Course (ÐCustomerÑ) has rented or will be renting equipment from Club Car, LLC (ÐCCLÑ). The Customer is required to provide CCL with the following insurance coverage: A. ÐAll RiskÑ personal business property and equipment insurance covering the complete System including stationary equipment and mobile GPS displays mounted on vehicles (as listed in the Rental Agreement) owned by or in which CCL has a security interest, in an amount not less than the full replacement value of the equipment, with Club Car, LLC named as loss payee. Replacement values: Stationary and wireless equipment Î $5,000; Mobile equipment: GPS displays mounted on vehicles Î $800/unit. B. Public Liability Insurance naming Club Car, LLC as an additional insured with the proceeds to bepayable first on the behalf of CCL tothe extent of its liability, ifany. The amount of the Public Liability Insurance shall not be less than $1,000,000.00, combined single limit. C. Each policy shall provide that: (i) CCL will be given not lessthan thirty (30) days prior written notice of cancellation ornon-renewal, (ii) itis primary insurance and any other insurance covering CCL shall be secondary orexcess of the policy and (iii) in noevent shall the policy be invalidated as against CCL for any violation of any term ofthe policy of the CustomerÓs application therefore. Acertificate evidencing such coverage should befaxed and mailed to CCL at thefollowing address: sar-pmg@clubcar.com Club Car, LLC 1074 N. Orange Ave Sarasota, FL 34236 Proof ofinsurance isrequired before CCL can release shipment of equipment to the site. Appropriation #1207-43-530.99; P.O. #108649 - Exhibit A Equipment Rental Agreement EFT Enrollment 8 (8) CzTfshfzHsfdivlijobu23;52qn-Bqs37-3134 Exhibit A RESOLUTION NO. BPW 05-03-23-02 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 GreatGrowIN's, LLC.docx4/26/20239:28AM CzTfshfzHsfdivlijobu23;52qn-Bqs37-3134 Great GrowIN’s, LLC Administration Department - 2023 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #109686 Contract Not To Exceed $14,595.00 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City’s property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor’s sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor’s warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers’ compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor’s agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor’s provision of Goods and Services pursuant to or under this Agreement or Vendor’s use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor’s agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. S:\\Contracts\\Departments\\ENG\\2023\\Great GrowIN's, LLC Goods and Services.docx:4/21/2023 11:45 AM\] 2 Great GrowIN’s, LLC Administration Department - 2023 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #109686 Contract Not To Exceed $14,595.00 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the “Indiana E-Verify Law”), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E- Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E- Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City’s prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except 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. S:\\Contracts\\Departments\\ENG\\2023\\Great GrowIN's, LLC Goods and Services.docx:4/21/2023 11:45 AM\] 3 Great GrowIN’s, LLC Administration Department - 2023 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #109686 Contract Not To Exceed $14,595.00 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 Administration Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Great GrowIN’s, LLC 200 S Rangeline Road, Suite 122 Carmel, Indiana 46032 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. 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 S:\\Contracts\\Departments\\ENG\\2023\\Great GrowIN's, LLC Goods and Services.docx:4/24/2023 3:51 PM\] 4 Great GrowIN’s, LLC Administration Department - 2023 Appropriation #1205 0 44-628.71 2021 IT Data Center Bond Fund; P.O. #109686 Contract Not To Exceed $14,595.00 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. 27. 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. 28. 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. S:\\Contracts\\Departments\\ENG\\2023\\Great GrowIN's, LLC Goods and Services.docx:4/21/2023 11:45 AM\] 5 Exhibit A Great Growin's, LLC Quote 1253200SRangelineRdSte122 Carmel, IN 46032 317) 414-5607 steph@greatgrowins.com ADDRESSSHIPTO Audie TarpleyAudie Tarpley EXPIRATIONDATETOTALDillonConstructionGroupDillonConstructionGroupDATE04/19/2023$14,595.00IncorporatedIncorporated 05/19/2023 6828 Hillsdale CT6828 Hillsdale CT Indianapolis, IN 46250 USAIndianapolis, IN 46250 USA DATEITEMQTYPRICE Landscaping 17,950.00 1) #2 limestone, grading and leveling of front parking area from road to sidewalk west of building, slope stone from edge of sidewalk to prevent tripping hazard Erosion control and drainage, preparation of ditch, landscape fabric, commercial stone and rip rap around the drain. OPTION: 1 Slope stone from edge of concrete pad to drain. Area runs from the road, around the electrical box all of the way to the east end of the property. Landscaping 11,575.00 2) OPTION: 2 Instead of sloping stone, build paver retaining wall - height TBD along north end of door entry slab to hold stone in place. Wall starts appx 2 feet from the edge of the slab. Cut and prep base for retaining wall, glue block together to secure - ADD $1575 to above pricing Landscaping 11,620.00 4) River Rock for planter bed along south side of building, Landscape Fabric DATEITEMQTYPRICE Landscaping 11,950.00 5) Small retaining paver wall along and around drain under water tower hold stone in place and keep it out of the drain - metal edging is too short to prevent erosion into the drainage trench Paver would be glued to top edge but need a base prepped to support the retaining wall around the actual drain grate. Landscaping 11,500.00 6) Sidewalk next to garage on north east end of property will require a block ledge glued to the edge of the sidewalk to keep the stone from falling on to the sidewalk. See attached sample photo. Thank you for choosing to work with Great GrowIN's! We require SUBTOTAL14,595.00 a 50% deposit to start production. The balance is due upon TAX0.00 completion. We look forward to servicing your biophilic design needs! TOTAL 14,595.00 THANK YOU. Accepted ByAccepted Date 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 4/20/2023 GREAT GROWIN'S SUITE 122 CARMEL, IN 46032 - 109686 200 S RANGELINE RD 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 IT Data Center Building Addition and Remodel - Landscaping General Administration 1 Civic Square Carmel, IN 46032- 376210 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 76871 1205Department:0Fund:2021 IT Data Center Bond 44-628.71Account: IT Data Center Building Addition and Remodel - Landscaping1 $14,595.00 $14,595.00Each 14,595.00SubTotal 14,595.00 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. 109686 ORDERED BY TITLE CONTROLLER Dept of Administration 1 Civic Square Carmel, IN 46032- James Crider Director of Administration ADDENDUM NO. 6 TO MASTER SERVICES AGREEMENT NO. 19555 LASERFICHE EXPANSION ORDER Addendum No. 6 to Master Services Agreement No. 19555 Page 1 of 4 Pursuant to Master Services Agreement No. 19555 ("Agreement"): This Laserfiche Expansion Order, designated as Addendum No. 6 is entered into as of _________________,Addendum Effective Date , by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 6 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC CITY OF CARMEL Client Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ Addendum No. 6 to Master Services Agreement No. 19555 Page 2 of 4 PRICING: LASERFICHE 3717 Apalachee Parkway, Suite 201 Bill to: Timothy Renick Tallahassee, FL 32311 trenick@Carmel.In.Gov 850.701.0725 Ship to: Seth Wanlass 850.564.7496 fax swanlass@carmel.in.gov cc AP Contact: abennett@carmel.in.gov Client Name: City of Carmel Quote Date: April 17, 2023 Client Address: 3 Civic Square, Carmel, IN 46032 Quote Number: 27214 Order Type: Expansion MCCi ANNUAL SUBSCRIPTION Laserfiche PowerPack by MCCi Subscription 1 $1,000.00 $1,000.00 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION $43.84 TOTAL LASERFICHE PROJECT COST All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate your purchasing process. RECURRING SERVICES The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services (services not related to 3 rd party manufacturers) to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in the Consumer Price Index (CPI) occurring since the last price increase. Please note that if you subscribe to volume- based solutions, additional user licenses may increase the cost of those items at the time of your next annual renewal. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. Addendum No. 6 to Master Services Agreement No. 19555 Page 3 of 4 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: Product/Service Description Timing of Product Order All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Within 30 days of receipt of Order The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of start dates for 3rd BILLING TERMS MCCi will invoice Client as follows: Product/Service Description Timing of Billing All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Initial Sale: Upon delivery of software or activation of the subscription Annual Renewal: 75 days in advance of expiration date MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. Addendum No. 6 to Master Services Agreement No. 19555 Page 4 of 4 MCCi ASSUMPTIONS TECHNICAL SUPPORT Center, email (support@mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday (excluding major holidays) from 8 am to 8 pm Eastern Time. RETURN POLICY LIMITED LIABILITY by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not MCCi. Client shall retain a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) as such product(s) is integrated into the solution purchased by Client. Laserfiche PowerPack by MCCi Laserfiche EnerGov Integration by MCCi Laserfiche Neogov Integration by MCCi GoFiche Suite for Avante/Rio/Subscription Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS responsible for any for correcting any problems that may occur from these customizations. Routine updates as provided by software manufacturers correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have - resources/consultant when needed. 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: Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-14-23 CFD Heavner 4-18-23 CRED Brewer 4-25-23 Plus dates: 7/11/23 & 8/8/23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-14-23 CFD Heavner 4-18-23 CRED Brewer 4-25-23 ENG Kirsh Plus dates: 6-10-23, 7-8-23, 8-12-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-14-23 CFD Heavner 4-18-23 CRED Brewer 4-25-23 ENG Kirsh Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 3-31-23 CFD Heavner 3-31-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-2-23 Reviewed/Approved Via Email CPD Horner 4-20-23 CFD Heavner 4-20-23 CRED Brewer 4-25-23 OK-Center Perf Arts, REI, Hotel Carmichael Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-20-23 CFD Heavner 4-20-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 3-31-23 CFD Heavner 3-31-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-20-23 CFD Heavner 4-20-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-14-23 CFD Heavner 4-18-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 3-31-23 CFD Heavner 3-31-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-20-23 CFD Horner 4-20-23 CRED Brewer 4-25-23 xx PM Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-21-23 CFD Heavner 4-21-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-20-23 CFD Heavner 4-20-23 CRED Brewer 4-25-23 Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-14-23 CFD Heavner 4-18-23 CRED Brewer 4-25-23 --- PM __ PM Clerk 4-26-23 BPW 5-3-23 Reviewed/Approved Via Email CPD Horner 4-21-23 CFD Heavnerr 4-25-23 CRED Brewer 4-25-23ENG Kirsh Clerk 4-26-23 BPW 5-3-23 Requesting EMS services only.