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HomeMy WebLinkAboutPaperless Packet for BPW Meeting 02-07-24Board of Public Works and Safety Meeting 1 Agenda 2 Wednesday, February 7, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 1.MINUTES10 11 a.Minutes from the January 24, 2024, Regular Meeting12 13 2.BID OPENING AND AWARD14 15 a.Bid Opening for 24-Str-01 Vault Installation; Matt Higginbotham, Street Commissioner16 17 3.PERFORMANCE BOND REDUCTION APPROVAL REQUEST18 19 a.Resolution BPW 02-07-24-12 Bond Release for Be Well Medical; Right Away Erosion20 Control; Alderson Commercial Group, Inc21 b.Resolution BPW 02-07-24-13; Bond Release for Courtyards if Carmel; Section 222 Signs, Section 3 Curbs, and Section 3 Asphalt Path; Epcon Carmel, LLC23 24 4.CONTRACTS25 a.Resolution BPW 02-07-24-11; J.S. Held; ($8,350.00); Additional Renovations and26 Services to Carmel Police Station; Additional Services Amendment Jim Crider, Chief of27 Staff28 b.Request for Purchase of Goods and Services; Testing For Public Safety, LLC,29 ($14,800.00); Captain and Lieutenants Process, Testing Fees-Written and Oral;30 Additional Services Amendment; Chief David Haboush, Carmel Fire Department31 c.Request for Purchase of Goods and Services; Holly Vonderheit; ($5,355.00);32 Communications Strategy, Planning, and Execution Support; Agreement for33 Professional Services; Additional Services Amendment; Rebecca Carl, Director of the34 Department of Community Relations35 d.Resolution BPW 02-07-24-01; Request for Acknowledgment of Contract between City36 and Vendor; ($1,600.00); Aaron William Whitten; Ice Carving Services for Festival of37 Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and38 Community Relations39 e.Resolution BPW 02-07-24-02; Request for Acknowledgment of Contract between City40 and Vendor; ($1,600.00); Julia Yashchenko; Ice Carving Services for Festival of Ice41 Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and42 Community Relations43 f.Resolution BPW 02-07-24-03; Request for Acknowledgment of Contract between City44 and Vendor; ($2,100.00); Michael Stoddart; Ice Carving Services for Festival of Ice45 Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and46 Community Relations47 g.Resolution BPW 02-07-24-04; Request for Acknowledgment of Contract between City 48 and Vendor; ($1,600.00); Shannon Gerasimchik; Ice Carving Services for Festival of 49 Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and 50 Community Relations 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 h.Resolution BPW 02-07-24-05; Request for Acknowledgment of Contract between City and Vendor; ($1,600.00); Stephan Koch; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations i.Resolution BPW 02-07-24-06; Request for Acknowledgment of Contract between City and Vendor; ($500.00); Timothy Stoke Calloway; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations j.Resolution BPW 02-07-24-07; Request for Acknowledgment of Contract between City and Vendor; ($1,600.00); Titus Arensberg; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations k.Resolution BPW 02-07-24-08; Request for Acknowledgment of Contract between City and Vendor; ($500.00); William Maxwell Bebrowsky; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations l.Resolution BPW 02-07-24-09; Request for Acknowledgment of Contract between City and Vendor; ($1,600.00); World Class Ice Sculpture; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations m.Resolution BPW 02-07-24-10; Request for Acknowledgment of Contract between City and Vendor; ($1,600.00); Zachary Crossman; Ice Carving Services for Festival of Ice Event; Additional Services Amendment; Rebecca Carl, Director of Marketing and Community Relations n.Request for Purchase of Goods and Services; Certified Engineering, Inc.; ($11,620.00); 20-ENG-04-Right of Way Engineering Services College Avenue; Additional Services Amendment; Jeremy Kashman, City Engineer o.Request for Purchase of Goods and Services; Calumet Civil Contractors, Inc.; (-$225,945.33); 16-ENG-37-116th Street and Medical Drive at Rangeline Road; CO #6; Jeremy Kashman, City Engineer p.Request for Purchase of Goods and Services; CRE Consulting, LLC; ($2,140.00); 22- ENG-13-Appraisal Services-Rohrer Road; Additional Services Amendment; Jeremy Kashman, City Engineer q.Request for Purchase of Goods and Services; Lochmueller Group, Inc.; ($9,800.00); 22-02-116th Street & River Road Roundabout; Jeremy Kashman, City Engineer r.Request for Purchase of Goods and Services; The Taylor Realty Group, PC; ($15,710.00); 20-ENG-04-S-Second Appraisals-Parcels 2&4 and Appraisal Review for Parcel 4; Additional Services Amendment; Jeremy Kashman, City Engineer s.Request for Purchase of Goods and Services; Convergint Technologies, LLC; ($436,831.11); IT Products and Services; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems t.Request for Purchase of Goods and Services; Fuller Engineering Co., LLC.; ($83,360.00); CRAC Units for Datacenter; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems u.Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($130,284.55); IT Products and Services; Additional Services Amendment; Timothy Renick, Director of Information and Communication Systems98 v.Request for Purchase of Goods and Services; Midwest Landscape Industries, Inc.; 99 ($81,226.800; 2024 Carmel City Flowers; Additional Services Amendment; Matt 100 Higginbotham, Street Commissioner 101 w.Request for Purchase of Goods and Services; ($63,700.00); GroundsPRO, LLC;102 Mowing Services; Additional Services Amendment; John Duffy, Director of the103 Department of Utilities104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 5.REQUEST TO USE CITY STREETS/PROPERTY a.Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24-REMAINS TABLED b.Request to Use Ice at Carter Green; Carmel Sensory Skate Day; February 25, 2024; 4:00 PM-7:00 PM; Meg Gates Osborn, City of Carmel 6.OTHER a.Request for Waiver of BPW Resolution No. 04-28-17-01; Install Brookshire Village Streetlights; Duke Energy b.Request for Consent to Encroach and Variance; 11100 Queens Way Circle; Jacob Gorden c.Request for Stormwater Technical Standards Waiver; Matriarch Birthing Center; 520 N Rangeline Road; J.D. Hall Land Surveying d.Request for Stormwater Technical Standards Waiver; 1140 Westfield Blvd; Robbins Subdivision e.Request for Grant of Perpetual Stormwater Quality Management Easement; Midwest Eye Institute; 11220 Illinois Street; Williams Cash, PE 7.ADD-ONS 8.ADJOURNMENT128 Board of Public Works and Safety Meeting 1 Agenda 2 Wednesday, January 24, 2024 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 7 MEETING CALLED TO ORDER 8 9 Mayor Sue Finkam called the meeting to order at 10:01 AM. 10 11 MEMBERS PRESENT 12 13 Mayor Sue Finkam, Board Members Laura Campbell, and Alan Potasnik. Also, present City Clerk Jacob 14 Quinn and Jessica Dieckman. 15 16 MINUTES 17 18 Minutes from January 11, 2024, Regular Meeting. Board Member Campbell moved to approve. Board 19 Member Potasnik seconded. Minutes were approved 3-0. 20 21 CONTRACTS22 Resolution BPW 01-24-24-02; Request for Acknowledgment of Contract between City and Vendor; 23 Granicus, LLC; ($2,500.00); Address Lookup Changes for Website; Additional Services Amendment; 24 Board Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 25 3-0.26 Resolution BPW 01-24-24-03; Request for Acknowledgment of Contract between City and Vendor; 27 ($1,600.00); Ben Goebel, Ice Carving Services for Festival of Ice Event; Additional Services 28 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 29 Resolution approved 3-0. 30 Resolution BPW 01-24-24-05; Request for Acknowledgment of Contract between City and Vendor; 31 Elegant Ice Creations, INC; ($1,600.00); Ice Carving Services for Festival of Ice Event; Additional 32 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 33 Resolution approved 3-0. 34 Resolution BPW 01-24-24-06; Request for Acknowledgment of Contract between City and Vendor; 35 Kyle Price; ($500.00); Ice Carving Services for Festival of Ice Event; Additional Services Amendment; 36 Board Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 37 3-0.38 Resolution BPW 01-24-24-07; Request for Acknowledgment of Contract between City and Vendor; 39 Matthew W. Stoddart; ($1,600.00); Ice Carving Services for Festival of Ice Event; Additional Services 40 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 41 Resolution approved 3-0. 42 Resolution BPW 01-24-24-08; Request for Acknowledgment of Contract between City and Vendor; 43 Sub-Zero Ice Sculptures; ($1,600.00); Ice Carving Services for Festival of Ice Event; Additional 44 Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 45 Resolution approved 3-0. 46 Resolution BPW 01-24-24-09; Request for Acknowledgment of Contract between City and Vendor; The 47 Ice Farm, Inc; ($1,600.00); Ice Carving Services for Festival of Ice Event; Additional Services 48 Amendment; Board Member Campbell moved to approve. Board Member Potasnik seconded. 49 Resolution approved 3-0. 50 Request for Purchase of Goods and Services; Rollfast, Inc.; ($38,300.00); 2024 Bicycle Events 51 Services; Additional Services Amendment; Board Member Campbell moved to approve. Board 52 Member Potasnik seconded. Request approved 3-0. 53 Request for Purchase of Goods and Services; Egis BLN USA, Inc.; ($12,535.00); 20-ENG-04- College 54 Avenue Reconstruction South-Appraisal; Additional Services Amendment; Board Member Campbell 55 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 56 Request for Purchase of Goods and Services; Rundell Ernstberger Associates, Inc.; ($83,400.00); 22-57 ENG-01-Monon Blvd & Urban Trail-Phase 3 (Walnut to City Center Drive)- Architectural Services; 58 Additional Services Amendment; Board Member Campbell moved to approve. Board Member Potasnik 59 seconded. Request approved 3-0. 60 Request for Purchase of Goods and Services; Specialized Land Services, Inc; ($2,250.00); 22-ENG-61 13-Rohrer Road Project; Additional Services Amendment; Board Member Campbell moved to 62 approve. Board Member Potasnik seconded. Request approved 3-0. 63 Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.;($2,055.00); 116TH Street 64 Pathway; 22-ENG-02 – Second Appraisal; Additional Services Amendment; Board Member Campbell 65 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 66 Request for Purchase of Goods and Services; Convergint Technologies, LLC; ($74,486.79); Camera 67 Equipment; Additional Services Amendment; Board Member Campbell moved to approve. Board 68 Member Potasnik seconded. Request approved 3-0. 69 Request for Purchase of Goods and Services; Insight Public Sector, Inc.; ($80,016.06); IT Products 70 and Services; Additional Services Amendment; Board Member Campbell moved to approve. Board 71 Member Potasnik seconded. Request approved 3-0. 72 Request for Purchase of Goods and Services; Quality Fiber Solutions, LLC; ($104,709.74); Fiber 73 Infrastructure-116th Streets Parks to Keystone; Additional Services Amendment; Board Member 74 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 75 Request for Purchase of Goods and Services; Quality Fiber Solutions, LLC; $40,033.92); Fiber 76 Infrastructure-3rd Ave; Additional Services Amendment; Board Member Campbell moved to approve. 77 Board Member Potasnik seconded. Request approved 3-0. 78 Resolution BPW 01-24-24-01; Request for Acknowledgement of Contract between City and Vendor; 79 Tom Wood Ford; ($851.56/monthly); 38 Month Vehicle Lease; Additional Services Amendment; Board 80 Member Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 81 Resolution BPW 01-24-24-10; Request for Purchase of Goods and Services; Ginovus, LLC; ($20,000); 82 Consulting Services for Economic Development; Additional Service Agreement; Board Member 83 Campbell moved to approve. Board Member Potasnik seconded. Resolution approved 3-0. 84 Request for Purchase of Goods and Services; Redlee/SCS, Inc.; ($43,133.76); Civic Square Garage 85 Maintenance; Additional Services Amendment; Board Member Campbell moved to approve. Board 86 Member Potasnik seconded. Request approved 3-0. 87 Request for Reimbursement Agreement Between City and Vendor; TriCo Regional Sewer Facility; 88 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-89 0. 90 91 REQUEST TO USE CITY STREETS/PROPERTY 92 Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 93 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)-TABLED on 01/11/24-REMAINS 94 TABLED 95 96 OTHER 97 Request for Curb Cut and Curb Cut Vacation on Existing and New Curbs; 4001 W 141ST Street; Board 98 Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 99 Request for Lane Restrictions and Curb Cuts; Carmel Historical Society Museum; Board Member 100 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 101 Request for Secondary Plat; Nathanial Hawkins Addition Lot Split- 140 N Rangeline; Board Member 102 Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-0. 103 Request for Stormwater Technical Standards Waiver; 4130 W 131st Street; Board Member Campbell 104 moved to approve. Board Member Potasnik seconded. Request approved 3-0. 105 Request for Stormwater Technical Standards Waiver; Driven Neuro Recovery-1300 E 96th Street; 106 Board Member Campbell moved to approve. Board Member Potasnik seconded. Request approved 3-107 0. 108 Request for Signatures; INDOT Project Des. 1901894; Intersection Improvements 96th Street and 109 College Avenue; Board Member Campbell moved to approve. Board Member Potasnik seconded. 110 Request approved 3-0. 111 112 ADD-ONS 113 Board Member Campbell moved to add one add-on item to the agenda. Member Potasnik seconded. 114 Approved 3-0. 115 116 Carmel Engineering Department respectfully requests to add to tomorrow’s BPW agenda the attached 117 Change Order for Duke Energy Utilities Relocation North Phase 2 Project. The requested Change 118 Order is due to a slightly expanded scope of work. The change order is for approximately $59,000 or 119 about 1.4% of the original contract. Presented by Sergey Grechukhin, Corporation Counsel. Board 120 Member Campbell moved to approve. Member Potasnik seconded. Request approved 3-0. 121 122 ADJOURNMENT 123 Mayor Finkam adjourned the meeting at 10:06 AM 124 125 APPROVED: ____________________________________ 126 Jacob Quinn – City Clerk 127 128 129 _____________________________________ 130 Mayor Sue Finkam 131 132 133 ATTEST: 134 __________________________________ 135 Jacob Quinn – City Clerk 136 137 138 RESOLUTION NO. BPW 02-07-24-11 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused tobe signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: CzBmmjtpoMzodi.NdHsbuibu21;32bn-Kbo3:-3135 7. PAYMENT TERMS: Upon receipt of the invoice for the services provided, as outlined in the Agreement, the City shall pay Vendor for such services within thirty-five (35) days after the date of City’s receipt of Vendor's invoice detailing same, so long as and to the extent such goods and services are not disputed, are in conformance with the specifications set forth in the Agreement and Vendor has otherwise performed and satisfied all the terms and conditions of this Addendum and the Agreement. All payments, fees, and any late payments shall be pursuant to Indiana Prompt Payment Statute; Ind. Code 5-17-5- et al. 8. REQUIRED DISCLOSURE: In addition to any exceptions to disclosing of confidential information referenced in the Agreement, the City, upon consulting and providing notice to Vendor, may disclose such confidential information if such disclosure is required by any federal or state law. The City shall not disclose any information that would be deemed proprietary or constitute a trade secret unless ordered soby a court of competent jurisdiction. 9. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Addendum or the Agreement, including Vendor’s warranties; (b) fails to provide the goods and services as specified in this Addendum and the Agreement; (c) fails to make progress soas 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 the 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 the Agreement and this Addendum, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 2 CzTfshfzHsfdivlijobu2;1:qn-Kbo35-3135 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 SECTION 3 CITY'S RESPONSIBILITIES 3.1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested. 3.2 City shall provide all data required for provision of Services. Professional may assume that all data so provided is correct and complete. 3.3. City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services. 3.4 City shall designate payment of the Services from City budget appropriation number 1203 101 43-590.00 fund. 3.5 City shall designate the Mayor or his duly authorized representative to act on City’s behalf on all matters regarding the Services. SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate. 4.2 Professional shall coordinate with City its performance of the Services. 4.3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry. SECTION 5 COMPENSATION 5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall beno more than Five Thousand Three Hundred Fifty Five Dollars ($5,355.00) (the “Estimate”). Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice. Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for all undisputed Services rendered and stated on such invoice within thirty five (35) days from the date of City’s receipt of same. 5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City’s prior written consent. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 2 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth inSection 7.1 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2024, 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. SECTION 7 MISCELLANEOUS 7.1 Termination 7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause, upon thirty (30) days’ notice. 7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional’s receipt of City’s “Notice to Cease Services.” 7.1.3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate. Disputed compensation amounts shall be resolved as allowed by law. 7.2 Binding Effect City and Professional, and their respective officers, officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations. 7.3 No Third Party Beneficiaries Nothing contained herein shall be construed to give rights or benefits to anyone other than the parties hereto. 7.4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees. Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and/or obligations as they become due. Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 3 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 7.5 Insurance 7.5.1 Professional shall, as a condition precedent to this Agreement, purchase and thereafter maintain such insurance as will protect it and City from the claims set forth below which may arise out of or result from Professional's operations under this Agreement, whether such operations be by Professional or by its subcontractors or by anyone directly or indirectly employed by any of them, or by anyone directly for whose acts any of them may be liable: 1) Claims under Worker's Compensation and Occupational Disease Acts, and any other employee benefits acts applicable to the performance of the work; 2) Claims for damages because of bodily injury and personal injury, including death, and; 3) Claims for damages to property. Professional's insurance shall be not less than the amounts shown below: A. Commercial General Liability (Occurrence Basis) Bodily Injury, personal injury, property damage, Contractual liability, product/completed operations Each Occurrence Limit $1,000,000.00 Damage to Rented Premises $100,000.00 each occurrence) Medical Expense Limit $5,000.00 Personal and Advertising Injury Limit $500,000.00 General Aggregate Limit $2,000,000.00 (Other than Products Completed Operations) NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT Products/Completed Operations $1,000,000.00 B. Auto Liability $1,000,000.00 (combined single limit) (owned, hired & non-owned) Bodily injury & property damage $1,000,000.00 each accident C. Excess/Umbrella Liability $2,000,000 (each occurrence S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 4 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 and aggregate) D. Worker's Compensation & Disability Statutory E. 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 F. Professional Liability Insurance. The Professional shall carry and maintain during the continuance of this Agreement, professional liability insurance in the amount of 2,000,000 for single limit claims and $3,000,000 in the aggregate. The Professional's policy of insurance shall contain prior acts coverage sufficient to cover all Services performed by the Professional for this Project. Upon City's request, Professional shall give prompt written notice to City of any and all claims made against this policy during the period in which this policy is required to be maintained pursuant to this Agreement. If the insurance is written on a claims-made basis and coverage is cancelled at any time, the Professional will obtain, at its cost, an extended reporting endorsement which provides continuing coverage for claims based upon alleged acts or omissions during the term of the Agreement until all applicable statute of limitation periods have expired. 7.5.2 Professional shall provide the City with a certificate of insurance, naming the City as an additional insured," showing such coverage then in force (but not less than the amount shown above) shall be filed with City prior to commencement of any work. These certificates shall contain a provision that the policies and the coverage afforded will not be canceled until at least thirty (30) days after written notice has been given to City. 7.5.3 Professional may, with the prior approval of the City, substitute different types of coverage for those specified if the total amount of required protection is not reduced. Professional shall be responsible for all deductibles. 7.5.4Nothing in the above provisions shall operate as or be construed as limiting the amount of liability of Professional to the above enumerated amounts. 7.6 Liens Professional shall not cause or permit the filing of any lien on any of City’s property. In the event such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing, City shall have the right to pay or bond over such lien at Professional’s solecost and expense. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 5 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 7.7 Default In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Professional’s warranties; (b) fails to perform the Services as specified; (c) fails to make progress soas to endanger timely and proper completion of the Services and does not correct such failure or breach within five (5) business days after receipt of notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition for 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 terminate all or any part of this Agreement, without liability to Professional and to exercise any other rights or remedies available to it at law or in equity. 7.8 Government Compliance Professional agrees to comply with all laws, executive orders, rules and regulations applicable to Professional’s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals’ required professional licenses and certifications valid and current, and to indemnify and hold harmless City from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from any failure by Professional to do so. This indemnification obligation shall survive the termination of this Agreement. 7.9 Indemnification Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses, liabilities, claims, judgments and liens, including, butnot limited to, all damages, costs, expenses and attorney fees arising out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 7.10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This indemnification obligation shall survive the termination of this Agreement. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 6 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 7.11 E-Verify Pursuant to I.C. § 22-5-1.7 et seq., Professional shall enroll in and verify the work eligibility status of all of its newly-hired employees using the E-Verify program, ifit has not already done so as of the date of this Agreement. Professional is further required to execute the attached Affidavit, herein referred to as Exhibit C, which is an Affidavit affirming that: (i) Professional is enrolled and is participating in the E-Verify program, and ii) Professional does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached Exhibit C. In support of the Affidavit, Professional shall provide the City with documentation that it has enrolled and is participating in the E-Verify program. This Agreement shall not take effect until said Affidavit is signed by Professional and delivered to the City’s authorized representative. Should Professional subcontract for the performance of any work under this Addendum, the Professional shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E-Verify program. Professional shall maintain a copy of such certification for the duration of the term of any subcontract. Professional shall also deliver a copy of the certification to the City within seven 7) days of the effective date of the subcontract. If Professional, or any subcontractor of Professional, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Professional or subcontractor subsequently learns is an unauthorized alien, Professional shall terminate the employment of or contract with the unauthorized alien within thirty (30) days (“Cure Period”). Should the Professional or any subcontractor of Professional fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E-Verify requirements of this Agreement will not apply, should the E-Verify program cease to exist. 7.12 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect. 7.13 Notice Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return receipt requested, addressed to the parties as follows: CITY: City of Carmel City of Carmel Marketing and Community Relations Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 7 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 PROFESSIONAL: Holly Vonderheit 3112 Bittersweet Drive Jasper, Indiana 47546 Notwithstanding the above, City may orally provide to Professional any notice required or permitted by this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten (10) business days from the date of such oral notice. 7.14 Effective Date The effective date (“Effective Date”) of this Agreement shall be the date on which the last of the parties hereto executes same. 7.15 Governing Law; Lawsuits This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well asby all ordinances and codes of the City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 7.16 Waiver Any delay or inaction on the part of either party in exercising or pursuing its rights and/or remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in any way affect the rights of such party to require such performance at any time thereafter. 7.17 Non-Assignment Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder without City’s prior written consent. 7.18 Entire Agreement This Agreement contains the entire agreement of and between the parties hereto with respect to the subject matter hereof, and no prior agreement, understanding or representation pertaining to such subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement may be amended, added to or subtracted from except by an agreement in writing signed by both parties hereto and/or their respective successors in interest. To the extent any provision contained in this Agreement conflicts with any provision contained in any exhibit attached hereto, the provision contained in this Agreement shall prevail. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 8 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 7.19 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that any person or entity executing this Agreement on behalf of such party has the authority to bind such party or the party which they represent, as the case may be. 7.20 Headings All headings 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. 7.21 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 7.22 Copyright City acknowledges that various materials which may be used and/or generated by Professional in performance of Services, including forms, job description formats, comprehensive position questionnaire, compensation and classification plan and reports are copyrighted. City agrees that all ownership rights and copyrights thereto lie with Professional, and City will use them solely for and on behalf of its own operations. City agrees that it will take appropriate action with its employees to satisfy its obligations with respect to use, copying, protection and security of Professional’s property. 7.23 Personnel Professional represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with City. All of the services required hereunder will be performed by Professional or under his supervision and all personnel engaged in the work shall be fully qualified to perform such services. 7.24 Records and Inspections Professional shall maintain full and accurate records with respect to all matters covered under this agreement for three (3) years after the expiration or early termination of this Agreement. City shall have free access at all proper times to such records and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings and activities. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 9 Holly Vonderheit Marketing and Community Relations Department - 2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 7.25 Accomplishment of Project Professional shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on within City’s organization. 7.26 Debarment And Suspension 7.26.1 The Professional 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 Professional. 7.26.2 The Professional 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 Professional 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. 7.27 Access to Public Records Act Professional understands and agrees that any “public record”, as that term is defined in Indiana Code 5-14-3- 2(m), as amended, that is related to the subject matter of this Agreement, whether the same is in the possession or control of the Professional or the City, shall be subject to release under and pursuant to the provisions of Indiana’s Access to Public Records Act, as codified in Indiana Code 5-14-3-1, et seq., as amended. 7.28 Iran Certification Pursuant to I.C. § 5-22-16.5, the Professional shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. S:\\Contracts\\Departments\\Community Relations\\2024\\Holly Vonderheit Professional Services.docx:1/16/2024 1:54 PM\] 10 Holly Vonderheit Marketing and Community Relations Department -2024 Appropriation #1203 101 43-590.00 Fund; P.O.#110783 Contract Not To Exceed $5,355.00 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: ----------- Date: ----------- Date: ----------- ATTEST: Jacob Quinn, Clerk Date: ----------- [S:\Contracts\Depaitments\Community Relations\2024\Holly Vonde1beit Pmfessional Services.docx: 1/16/2024 1 :54 PM] Holly Vonderheit BY: �ur( �A4> Printed Name: Holly Vonderheit------------- Title: Communications Consultant FID/TIN: __ 85_5 _1 _______ _ Date: 01.23.24 11 Laura Campbell, Member Alan Potasnik, Member EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name 1/11/2024 HOLLY VONDERHEIT JASPER, IN 47546 - 110783 3112 BITTERSWEET DRIVE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION COMMUNICATIONS STRATEGY, PLANNING AND EXECUTION SUPPORT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377634 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84110 1203Department:101Fund:General Fund 43-590.00Account: COMMUNICATIONS STRATEGY, PLANNING AND EXECUTION SUPPORT 1 $5,355.00 $5,355.00Each 5,355.00SubTotal 5,355.00 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. 110783 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Melanie Brewer James Crider Senior Project Manager Director of Administration RESOLUTION NO. BPW 02-07-24-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/2/2024 AARON WILLIAM WHITTEN COMMERCE TOWNSHIP, MI 48382 - 110726 3666 LOCH BEND 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377610 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83732 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110726 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-02 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/2/2024 JULIA YASHCHENKO NICHOLASVILLE, KY 40356 - 110736 152 HERITAGE 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377611 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83739 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $500.00 $500.00Each 500.00SubTotal 500.00 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. 110736 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/2/2024 MICHAEL D. STODDART LEXINGTON, KY 40502 - 110737 333 NORTH ASHLAND AVENUE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 372234 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83740 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $500.00 $500.00Each 500.00SubTotal 500.00 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. 110737 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director 1/18/2024 MICHAEL D. STODDART LEXINGTON, KY 40502 - 110803 333 NORTH ASHLAND AVENUE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 372234 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84283 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110803 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Melanie Brewer Senior Project Manager RESOLUTION NO. BPW 02-07-24-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/1/2024 SHANNON GERASIMCHIK NEW BREMEN, OH 45869 - 110714 967 LOCK TWO ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 372228 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83700 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110714 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-05 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/10/2024 STEPHAN A KOCH DALEVILLE, IN 47334 - 110775 4271 S CR 900 W 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 COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376951 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 84072 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110775 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Melanie Brewer Senior Project Manager RESOLUTION NO. BPW 02-07-24-06 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/2/2024 TIMOTHY STOKES CALLOWAY 110723CityofCarmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377608 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83727 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $500.00 $500.00Each 500.00SubTotal 500.00 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. 110723 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-07 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/1/2024 TITUS ARENSBERG NEWARK, OH 43055 - 110716 205 HOOVER 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 ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 375467 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83702 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110716 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-08 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/2/2024 WILLIAM MAXWELL BEBROWSKY LEXINGTON, KY 40502 - 110739 422 KINGSWOOD DRIVE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377609 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83728 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $500.00 $500.00Each 500.00SubTotal 500.00 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. 110739 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-09 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/1/2024 WORLD CLASS ICE SCULPTURE UNIT D ADDISON, IL 60101 - 110717 1235 CAPITOL DRIVE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376958 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83703 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110717 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director RESOLUTION NO. BPW 02-07-24-10 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 toher authority under Indiana law, the City’smayor, the Honorable Sue Finkam, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Finkam 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 , 2024. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: Sue Finkam, Presiding Officer Date: Laura Campbell, Member Date: Alan Potasnik, Member Date: ATTEST: Jacob Quinn, Clerk Date: 1/1/2024 ZACHARY CROSSMAN APT 4816 TAMPA, FL 33611 - 110718 4003 S WESTSHORE BLVD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION ICE CARVING SERVICES FOR FESTIVAL OF ICE EVENT COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 377576 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 83704 1203Department:101Fund:General Fund 43-590.03Account: ICE CARVING SERVICES FOR FESTIVAL OF ICEEVENT1 $1,600.00 $1,600.00Each 1,600.00SubTotal 1,600.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110718 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director CzBmmjtpoMzodi.NdHsbuibu3;53qn-Kbo33-3135 CzBmmjtpoMzodi.NdHsbuibu:;22bn-Kbo2:-3135 Chad E. Roots Vice President 87-3795037 01/18/2024 ExhibitA ScopeofServices CRE CONSULTING, LLC 1476 ROHRER RD APPRAISAL SERVICES This Scope of Services ("Scope") combined with the attached agreement describe the relationship between CRE CONSLUTING, LLC ("Professional") and the City of Carmel, Indiana ("City") (collectively Parties"). This Scope hereby incorporates and includes the terms of the attached Agreement (the Terms") which describe and set forth the general legal terms governing the relationship between the Parties (collectively the "Agreement"). The Agreement will be effective when executed by both Parties. Professional shall provide general professional services, consisting of: One (1) “Value Finding” type Real Estate Appraisal, relating toproposed right of way acquisition needs for real property located at: 1476 Rohrer Rd., Carmel, Indiana, in accordance with the terms and conditions contained inthe Agreement and the attached Schedule of Fees provided by Professional to theCity which isfully incorporated herein. The City agrees tocompensate Professional inthe total amount nottoexceed Two Thousand One Hundred Forty Dollars ($2,140.00). When the City desires additional Services from Professional, including additional appraisal services and/or buyer'sagent services, the City shall notify Professional of such additional Services desired, as well as the time frame in which same are to be provided. Only after theCity hasapproved Professional' stime andcost estimate for the provision of such additional Services, has encumbered sufficient monies to pay for same, and has authorized Professional, in writing, to provide such additional Services, shall such Services be provided by Professional to the City. A copy of the City's authorization documents for the purchase of additional Services shall be numbered and attached hereto inthe order inwhich they are approved by the City. General Scope ofServices: Appraisals are to be prepared consistent with the Uniform Standards of Professional Appraisal Practice USPAP). Professional will assure that the appraisal isrelevant to its program needs, reflect established and commonly accepted appraisal practice, and as aminimum, complies with the definition of appraisal in 24.2(a)(3) and thefive following requirements: i. An adequate description of thephysical characteristics of the property being appraised (and, in the case of apartial acquisition, an adequate description of the remaining property), including items identified as personal property, astatement of the known and observed encumbrances, if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a5-year sales history of the property. ii. All relevant and reliable approaches to value consistent with established appraisal practices. Ifthe appraiser uses more than one approach, there shall be an analysis and reconciliation of approaches tovalue used that issufficient to support the appraiser'sopinion ofvalue. iii. Adescription of comparable sales, including a description of allrelevant physical, legal, and economic factors such asparties to the transaction, source and method of financing, and verification by aparty involved in the transaction. iv. Astatement of the value of the real property to be acquired and, for apartial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property, where appropriate. v. The effective date of valuation, date of appraisal, signature, and certification of the appraiser. The appraiser shall disregard any decrease orincrease in the fair market value of the real property caused by the project forwhich the property isto be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner. Ifthe owner of areal property improvement ispermitted toretain itfor removal from the project site, the amount tobe offered for the interest in the real property tobe acquired shall be not less than the difference between the amount determined tobe just compensation for the owner'sentire interest inthe real property and the salvage value of the retained improvement. Initial Fee and Additional Services: CzBmmjtpoMzodi.NdHsbuibu:;5:bn-Kbo2:-3135 David A. Henkel, PE, PTOE Regional Leader - Central IN 35-1455938 January 19, 2024 The Taylor Realty Group, PC Engineering Department -2024 APPROVED Appropriation #2200 0 44-628. 71 2020 Road Bond Fund; P.O. #110196 BySergeyGrechukh;na t1,09pm,Jan 24, 2024 Contract Not To Exceed $15,710.00 College Avenue Reconstruction South; 20-ENG-04 S -Second Appraisals-Parcels 2 & 4, Appraisal Review-Parcel 4 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") entered into by and between the City of Carmel and The Taylor Realty Group, PC (the "Professional"), as City Contract dated April 6, 2023 shall amend the terms of the Agreement by adding the additional services to be provided by Professional consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: Sue Finkam, Presiding Officer Date: ---------- Date: ---------- Date: ---------- ATTEST: Jacob Quinn, Clerk Date: _________ _ [S:\Conttacts\Dcpartmaits\ENG\2(]"-4\TbeTaylor Realty Group, PC -CoUege A,,e South -P2, P4.docx:l/12/2024 10:05 M.i) The Taylor Realty Group, PC Printed Name Title FID/TIN: '8 4 4' L--\lJ Ul 1-f..t.(o(o Date: ------------ Laura Campbell, Member Alan Potasnik, Member Page 1 of 2 REAL ESTATE SERVICES FEE SCHEDULE Right of Way Management Services Right of Way Management Services Include: all processes, procedures, observations, data entry into LRS, and management of all services needed to clear the right of way, including all of the necessary activities to certify the right of way that has to be acquired to clear the project(s) for construction. This shall be completed in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. The current version of the INDOT Real Estate Manual is located at http://www.in.gov/indot/2493.htm. All services listed below shall be required within the Right of Way Services Management scope of work. Report Type Fee Right of Way Management services fee $1,365 per parcel Publishing and Payment for Legal Notice on parcels $545 per project Valuation Services Early Assessment Real Estate Cost Estimate Includes: all processes, procedures and observations to complete a Real Estate Cost Estimate assignment (including but not limited to completion of the INDOT Real Estate Cost Estimate Spreadsheet) in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Comp Dockets Include: providing comparable sales data (including but not limited to market data research and raw sales data) or as otherwise requested by INDOT within the scope of work for Non- Report Services agreed upon at the time of assignment. Waiver Valuations Include: all processes, procedures and observations to complete a waiver valuation report in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Appraisal Reports Include: all processes, procedures and observations to complete an appraisal report of the type below assigned by INDOT in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Appraisal fees are defined and paid based on INDOT parcel and not county tax identification parcel. Non-Report Services Per Parcel Fee Early Assessment: Projects 50 parcels $155 Early Assessment: Projects > 50 parcels negotiated based upon complexity Comp Docket: Agricultural / Residential Properties: $285 Comp Docket: Commercial / Specialized Properties: $575 Report Type Waiver Valuation: Any Property Type (Improved or Unimproved) $755 Value Finding: Any Property Type (Improved or Unimproved) $2,140 Short Form: Any Property Type (Improved or Unimproved) $3,140 Short Form: Residential / Ag (with affected improvements or a total take) $3,510 Short Form: Commercial / Industrial / Multi-Family / Special / Billboard (with affected improvements or a total take) $4,900 Long Form: Any Property Type (Unimproved) $3,770 Long Form: Residential / Ag (Improved) $5,010 Long Form: Commercial / Industrial / Multi-Family / Special (Improved) $12,535 Excess Land Appraisal $725 The specific Report Type above is determined by INDOT Review Appraisers or their supervisors after the Appraisal Problem Analysis has been completed. Review Valuation Services Appraisal Problem Analysis Includes: all processes, procedures and observations to complete an Appraisal Problem Analysis in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Review of Waiver Valuation and/or Appraisal Reports Include: all processes, procedures and observations to complete a review of an appraisal report or waiver valuation report in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations) the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Appraisal fees are defined and paid based on INDOT parcel and not county tax identification parcel. Report Type Per Parcel Fee Appraisal Problem Analysis (APA) $285 Waiver Valuation: Any Property Type (Improved or Unimproved) $455 Value Finding: Any Property Type (Improved or Unimproved) $1,080 Short Form: Any Property Type (Improved or Unimproved) $1,505 Short Form: Residential / Ag (with affected improvements or a total take) $1,700 Short Form: Commercial / Industrial / Multi-Family / Special / Billboard (with affected improvements or a total take) $2,395 Long Form: Any Property Type (Unimproved) $1,795 Long Form: Residential / Ag (Improved) $2,375 Long Form: Commercial / Industrial / Multi-Family / Special (Improved) $5,775 Buying Services Buying Services Include: all processes, procedures and observations to complete the total or partial acquisition of real estate, the obtaining of temporary or access rights, or buying review in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Report Type Per Parcel Fee Total/Partial Acquisition $2,250 Temporary/Access Rights $1,875 MAP 21 Offer - Total/Partial Acquisition $2,815 MAP 21 Offer - Temporary/Access Rights $2,440 Buying Review $375 Relocation Services Relocation Services Include: all processes, procedures and observations to complete the activities for relocation of residential or business owners or tenants, or relocation of personal property, or review of any such relocation activities in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. Report Type Payment Schedule Per Relocation Fee Residential Owner / Tenant Payments: 1/3 Relo/Appraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $4,509 Business Owner / Tenant Payments: 1/3 Relo/Appraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $4,509 Personal Property Only Payments: 1/3 Relo/Appraisal meeting is complete, 1/3 90 Day Notice is issued, 1/3 parcel is closed $1,890 Residential and Business Review 100% once the parcel is compliant and closed. 1,205 Personal Property Move Only Review 100% once the parcel is compliant and closed. $460 Property Management Services Property Management Services Include: all processes, procedures, observations, data entry into LRS, and management of all services needed to complete the parcel’s readiness for demolition. This shall be completed in accordance with federal and state law (including but not limited to Federal Highway Administration rules and regulations), the current version of the INDOT Real Estate Division Manual, and as contracted with or otherwise directed by INDOT. The current version of the INDOT Real Estate Manual is located at http://www.in.gov/indot/2493.htm. All services listed below shall be required within Property Management Services scope of work. Non-Report Services Per Parcel Fee Property Management per parcel services fee $1,080 Placing Rat Bait on structure $110 Placing Appropriate Signs on structure $220 Boarding Up Openings on structure Amount on Written Estimate Approved by INDOT Debris Removal Amount on Written Estimate Approved by INDOT Report Type Asbestos Sampling and Analysis Amount on Written Estimate Approved by INDOT Utility Disconnection Coordination & Verification Amount on Written Estimate Approved by INDOT Page 2 of 2 The above Fee Schedule will be effective for all new on-call real estate contract assignments (based on the date that Purchase Orders are issued) made on or after January 1, 2024. The Fee Schedule for (a) project-specific contracts that include any land acquisition services, and (b) contracts entered into under “Small Purchase Procedures” pursuant to Section 3.3.1 of INDOT’s Professional Services Contract Administration Manual will be in accordance with the payment terms in the contracts and be the Fee Schedule in place on the date the contract was approved by the Attorney General of Indiana. Any deviation in established fees from the above rules in this paragraph will require (and shall not be allowed without) written pre-approval from the Director or one of his or her Managers in INDOT’s Real Estate Department. REVISED: 1/1/2024 CzTfshfzHsfdivlijobu23;16qn-Kbo37-3135 9750 E 150th St, Noblesville,Indiana 46240 Phone Mobile 5742651964 dave.ruiz@convergint.com January 23, 2024 City of CarmelQuotation:DR15644926P 1 Civic Sq Carmel, Illinois 46032 Attention: Morgan Rinehart Reference: Additional Genetec Licensing you for providing Convergint with the opportunity to present this proposal addressing your electronic security needs. We are confident that this proven solution isboth comprehensive and customized to meet your needs today, and in the future. isbackedby a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SDM Magazine.This recognition reflects the strongrelationshipsConvergint has with providing exceptional service toour customers. Our guidingOur dedicated and certified team of professionalsstrivesto uphold our customer-focused, service-based missionto make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the igned to track service work orders, project progress, and provide you with detailed metric reporting for continuous improvement. The following security proposal is specifically designed to meet your needs. As your single point of contact, please feel free to contact me with any additional questions you may have. Thank you again for trusting Convergint as your partner. ScopeofWork This Proposal is a Box Sale utilizing the Omnia Partners Cooperative Purchasing Agreement. Administrative costs and contract vehicle pricing are included. This proposal does not include any Convergint Technologies labor. Provide (175) 1 Enterprise camera connection, mandatory Genetec Advantage. Provide (175) Genetec Advantage for 1 Omnicast Enterprise Camera 5 years. Provide (5) Streamvault'" 4040EX Series -2U 28-Bay Appliance. Provide (1) Synergis'" Cloud Link with 4GB ofRAM, 16GB Flash. Provide (35) 1 External reader connection. Provide (3) 1IoT industrial plugin. DeviceHardening (reduce cyberrisk) Disable unused & non-essential device features. Disable unused network comms (e.g., services, ports). Change default passwords. Update firmware including patches. PLEASE REVIEW THIS DOCUMENT CAREFULLY. It relates to the safe and proper operation of the security devices being installed for your organization, City ofCarmel. Hardening services and procedures may vary depending on the specific devices involved, but typically include: disabling unused andnon-essential device features and associated network communications capabilities (e.g.,services, ports); changing default passwords to new passwords that meet complexity requirements; and updating firmware to latest available versions that incorporate available patches from the device manufacturer. Theseareone-timeservices-ongoing support is required. Please ask your Convergint point of contact for more details on the specific device hardening services available for your devices. Theseservicesreduce therisk ofcybervulnerabilities forthedevices beinginstalled. Convergint cannot guaranteethesecurity ofthedevices itinstallsorof Convergint cannot guaranteethatthesystems orservices willbeerrorfreeor operate without interruption. However, theseservices reduce theriskofcyber vulnerabilities forthedevices beinginstalled. Please note that these services are intended to address specified potential cyber vulnerabilities of certain devices Convergint has installed-they do no Materials ExtendedLineQtyPartDescriptionUnitPricePrice 1Omnia Partners Contract R220702 2Genetec Licenses GSC-Om-1Enterprise camera connection, mandatory3175.00$220.59$38,603.25E-1CGenetecAdvantage ADV-GenetecAdvantage for1Omnicast4175.00$156.01$27,301.75CAM-E-5YEnterprise Camera 5years GSC-Sy-1External reader connection (required when535.00$211.95$7,418.25E-1Rhardware not purchased from Genetec) ADV-GenetecAdvantage for1Synergis635.00$52.74$1,845.90RDR-E-5YEnterprise Reader 5years 7Genetec Cloudlink SynergisCloud Linkwith 4GB ofRAM, 16GBSY- Flash, second generation, installed with81.00CLOUDLIN$1,173.54$1,173.54Synergisaccesscontrolfirmware, four RS-485K-G2 ports, PoE. 9Off Contract/Open Market 10Genetec Appliances Streamvault4040EX Series -2U28-Bay Appliance 448TB Raw RAID 62xXeon Gold 5416S 64GB RAM 2x480GB M.2SSD 28x16TB 3.5Enterprise HDDs 2x1GbE RJ45 2x115.00$63,801.33$319,006.6510/25GbE SFP28 2x1400W PSUWindows Server Standard 5YR NBD KYHD Warranty - GenetecSecurity Center pre-installed. License sold separately. 12Genetec IOT Plugin 1Industrial IoTplugin. Allows connection toone ofthefollowing protocols: BACnet, Modbus, OPC Client, HTTP Server, MQTT Client, SNMP, TCP133.00$4,615.46$13,846.38Server. 1additional GSC-IIoT part isrequired per additional protocol used atatime. Unlimited data point connections. 409,195.72EquipmentTotal 0.00TotalLabor 0.00OtherCosts 27,635.39Freight/Warranty 0.00Taxifapplicable 436,831.11TotalProjectPrice TotalProjectInvestment:$ 436,831.11 Thank you for considering Convergintfor your Security needs. Ifyou have any questions or would like additional information, please don'thesitate to contact me immediately. Ifyou would like to proceed with the scope of work as outlined in this proposal, please sign below and return to my attention. Sincerely, Dave Ruiz Convergint Dave Ruiz By signing below, Iaccept this proposal and agree to the Terms and Conditions contained herein Morgan RinehartJanuary 23, 2024 Customer Name (Printed)Date Authorized SignatureTitle Convergint Technologies Install Terms & Conditions Convergint Technologies Install Terms & Conditions CzBmmjtpoMzodi.NdHsbuibu4;29qn-Kbo35-3135 Fuller Engineering Co., LLC Information Systems Department - 2024 Appropriation #1115 0 44-631.00 Capital Lease Fund; P.O. #110781 Contract Not To Exceed $83,360.00 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 soas 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, butnot 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, butnot limited to, any loss of use resulting therefrom. The coverage amounts shall beno 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, butnot 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\\IT - Information Systems\\2024\\Fuller Engineering Co., LLC Goods and Services.docx:1/22/2024 2:36 PM\] 2 Fuller Engineering Co., LLC Information Systems Department - 2024 Appropriation #1115 0 44-631.00 Capital Lease Fund; P.O. #110781 Contract Not To Exceed $83,360.00 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 theirright 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\\IT - Information Systems\\2024\\Fuller Engineering Co., LLC Goods and Services.docx:1/22/2024 2:36 PM\] 3 Fuller Engineering Co., LLC Information Systems Department - 2024 Appropriation #1115 0 44-631.00 Capital Lease Fund; P.O. #110781 Contract Not To Exceed $83,360.00 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 ifitis 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 Information Systems Department Office of Corporation Counsel st311 Ave NW One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Fuller Engineering Co., LLC th4135West99 Street 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\\IT - Information Systems\\2024\\Fuller Engineering Co., LLC Goods and Services.docx:1/22/2024 2:36 PM\] 4 Fuller Engineering Co., LLC Information Systems Department - 2024 Appropriation #1115 0 44-631.00 Capital Lease Fund; P.O. #110781 Contract Not To Exceed $83,360.00 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, 2024 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\\IT - Information Systems\\2024\\Fuller Engineering Co., LLC Goods and Services.docx:1/22/2024 2:36 PM\] 5 Wednesday, November 29, 2023 Quote#: 538927 Morgan Rinehart City Of Carmel 10701 North College Ave, Suite A Carmel, IN 46280 Per your request, we are pleased to provide you with the following proposal: Furnish and Install (1) Liebert PDX, Air Cooled Cooling Systems to include the following: Model Number: PX018DA1C Nominal 18kW (5 Ton) Cooling Capacity 208 Voltage, 3 Phase, 60 Hz 1) 95°F Ambient Liebert Micro Channel Air-Cooled Condenser Model Number: MCS028E1YD Micro Channel Condenser Coil EC Fan 208 Volts 3 Phase 60 Hz Disconnect Switch Surge Suppression Device – shipped loose for field installation System Details: Downflow air discharge for raised floor applications Top Return with 18” Plenum Floorstand – 12” 14 gauge, welded frame, with Autophoretic coating. Variable Speed EC Fan Digital Scroll Compressor with variable capacity from 20% - 100% Designed for R-410A refrigerant Tilted Slab Evaporator coil with hydrophilic coating Exterior panels insulated & powder coated Locking Disconnect Infrared Humidifier Electric Reheat iCOM Controls with Large, Color Touchscreen Display Communication Interface thStreet Carmel, Indiana460324135West99 317.228.5800 Fax317.228-5810 800.628.2205 aconklin@fullerengr.com Smoke Sensor High Temperature Sensor 2” Filters, MERV8 Rating Installation to Include: Receive and Set Indoor and Outdoor Units Modify Raised Floor to accommodate new floorstand Runnew Refrigerant Piping in existing pipe sleeves Insulate refrigerant piping as required Run Control Wiring between Indoor and Outdoor Units Run Condensate Drain line to underfloor drain Evacuate, leak test and charge system Add Unit to existing Unit to Unit Network All Electrical Work is EXCLUDED from this scope of work Services Included: One year parts and labor warranty Four year extended compressor warranty, parts only Check, test and start up service Total Net Cost including Freight $83,360.00 Terms & Conditions: Quotation Valid for 30 days Indiana State Sales Tax is NOT included and will be added if applicable Information in this quote is considered confidential between Fuller Engineering and recipient Terms are Net 30 Days, subject to approval Standard Terms & Conditions apply (see attached) Multiple Purchase Orders may be required for this order Please address Purchase Orders to: Fuller Engineering Co., LLC th4135West99Street Carmel, IN 46032 Thank you for the opportunity of quoting on this project. Should you have any questions, please call me at 317-228-5816. Sincerely, AdamConklin Adam Conklin Sales Engineer Vertiv Corporation warranties that are made by manufacturers and suppliers of such Resale Products. EXCEPT AS TERMS AND CONDITIONS OF SALE SPECIFIED ABOVE, RESALE PRODUCTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION Vertiv Corporation is herein referred to as the "Seller" and the customer or person or entity purchasing 5AND THE WARRANTY SET FORTH IN SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES goods and/or services ("Goods") and/or parts required for services (ÐPartsÑ) or licensing software and/or GIVEN BY SELLER WITH RESPECT TO THE GOODS AND/OR SOFTWARE AND ARE IN LIEU OF firmware, which are preloaded, or to be used with Goods ("Software") from Seller is referred to as the AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF Buyer." These Terms and Conditions, any price list or schedule, quotation, acknowledgment, SellerÓs LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR scope or statement of work, or invoice from Seller relevant to the sale of the Goods, Parts and licensing of APARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO Software by Seller, and all associated terms, conditions and documents incorporated by specific reference SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER'S herein or therein, constitute the complete and exclusive statement of the terms of the agreement PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER'S ÐAgreementÑ) governing the sale of Goods, Parts, and/or license of Software by Seller to Buyer. Any USE OR PURPOSE. SELLER'S WARRANTY EXTENDS ONLY TO PURCHASERS WHO BUY FOR discrepancies between the terms of the above referenced documents shall be resolved by Seller. SellerÓs INDUSTRIAL OR COMMERCIAL USE. This warranty does not extend to any losses or damages due to acceptance of BuyerÓs purchase order is expressly conditional on BuyerÓs assent to all of SellerÓs terms misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized and conditions of sale, including terms and conditions that are different from or additional to the terms and modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions of BuyerÓs purchase order. Buyer's acceptance of the Goods, Parts, and/or Software will conditions, improper installation, repair, handling, maintenance or application or any other cause not the manifest Buyer's assent to the terms of this Agreement. Seller reserves the right in its sole discretion to fault of Seller. To the extent that Buyer or its agents have supplied specifications,information, refuse orders. representation of operating conditions or other data to Seller in the selection or design of the Goods and/or Software and the preparation of Seller's quotation, and/or scope of work, and in the event that actual 1. PRICES: Unless otherwise specified in writing by Seller, the price quoted or specified by Seller for the operating conditions or other conditions differ from those represented by Buyer, any warranties or other Goods, Parts and/or Software shall remain in effect for thirty (30) days after the date of Seller'squotation, provisions contained herein that are affected by such conditions shall be null and void. Buyer assumes all SellerÓs scope of work or acknowledgment of Buyer'sorder for the Goods, whichever occurs first, provided other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or an unconditional authorization from Buyer for the shipment or performance of the Goods and/or Parts, resulting from the use of Goods, Parts, and/or Software, either alone or in combination with other and/or Software is received and accepted by Seller within such time period. Ifsuch authorization is not products/components. received by Seller within such thirty (30) day period, Seller shall have the right to change the price for the Goods, Parts and/or Software to Seller's price for the Goods, Parts, and/or Software at the time of SellerÓs 6. LIMITATION OF REMEDY AND LIABILITY: THE SOLE AND EXCLUSIVE REMEDY FOR BREACH shipment or performance thereof. All prices and licensee fees are exclusive of taxes, transportation and OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) insurance, which are to be borne by Buyer. Seller reserves the right to correct any obvious errors in SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE specifications or prices and, in the event of a force majeure event, make equitable adjustments in SellerÓs PURCHASE PRICE UNDER SECTION 5. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED price for the Goods, Parts, and/or Software prior to SellerÓs shipment or performance thereof. Unless BY DELAY IN PERFORMANCE AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT otherwise specified by Seller, Parts that are required for the performance of services will be furnished at ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF SellerÓs then-prevailing prices. A service charge of $19.99 will be added to all orders which, excluding ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, shipping charges, taxes, and insurance, do not meet the minimum order value of $750.00. The service OTHER TORT OR OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS charge amount and/or minimum order value may be changed by Seller at any time, without notice. EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS, PARTS, AND/OR SOFTWARE PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYER AGREES 2. TAXES: Any current or future tax, duty, tariff or governmental charge (or increase in same) affecting THAT SELLER'SLIABILITY TO BUYER AND/OR ITS CUSTOMERS SHALL NOT EXTEND TO INCLUDE Seller's costs of production, sale, services or delivery or shipment of Goods Parts, and/or Software, or INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term "consequential damages"shall which Seller is otherwise required to pay or collect in connection with the sale, purchase, delivery, include, butnot be limited to, loss of anticipated profits, business interruption,loss of use, revenue, performance, storage, processing, use or consumption of Goods, Parts, and/or Software, shall be for reputation and data, costs incurred, including without limitation, for capital, fuel,power and loss or damage Buyer'saccount and shall be added to the price or billed to Buyer separately, at SellerÓs election. to property or equipment. It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods, Parts and/or Software is given without charge, and Seller assumes no 3. TERMS OF PAYMENT: Unless otherwise specified by Seller, terms are net thirty (30) days from date of obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Seller'sinvoice in U.S. currency. Seller shall have the right, among other remedies, either to terminate this Buyer's risk. Agreement or to suspend further performance under this and/or other agreements with Buyer in the event Buyer fails to make any payment when due, which other agreements Buyer and Seller hereby amend 7. INSURANCE: Seller shall maintain the following insurance or self-insurance coverage:WorkerÓs accordingly. Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of Compensation in accordance with the statutory requirements of the state in which the work is performed. past due amounts. If any payment owed to Seller is not paid when due, it shall bear interest, at a rate to be EmployerÓs Liability with a limit of liability of $2,000,000 per occurrence for bodily injury by accident or determined by Seller, which shall not exceed the maximum rate permitted by law, from the date on which it bodily injury by disease. Commercial General Liability (CGL) for bodily injury and property damage with a is due until it is paid. Seller may preserve its interests in payment by enforcing any applicable mechanicÓs, limit of $2,000,000 per occurrence and per location aggregate. Automobile Liability insurance that covers labor, construction or similar lien rights. Should Buyer'sfinancial responsibility become unsatisfactory to usage of all owned, non-owned and leased vehicles and which is subject to a combined single limit per Seller, cash payments or security satisfactory to Seller may be required by Seller for future deliveries or occurrence of $2,000,000. Automobile Liability insurance includes Contractual Liability, but no special performance of Goods, Parts, and/or Software. If such cash payment or security isnot provided, in endorsements. Buyer expressly acknowledges and agrees that Seller has set its prices and entered into addition to Seller's other rights and remedies, Seller may discontinue deliveries or performance. Buyer this Agreement in reliance upon the limitations of liability, insurance coverage,and other terms and hereby grants Seller a security interest in all Goods, Parts, and/or Software sold to Buyer by Seller, which conditions specified herein, which allocate the risk between Seller and Buyer and form abasis of this security interest shall continue until all such Goods, Parts, and/or Software are fully paid for, and Buyer, bargain between the parties. upon Seller'sdemand, will execute and deliver to Seller such instruments as Seller requests to protect and perfect such security interest. As permitted by law, all purchases paid by credit card shall be charged a 8. PATENTS AND COPYRIGHTS: Subject to the limitations of the second paragraph of Section 6 and any 2.0% usage surcharge of the invoice total, for fees paid by Seller to accept credit card transactions. and all associated terms, conditions and documents incorporated by specific reference by Seller, Seller warrants that the Goods and/or Software sold, except as are made specifically for Buyer according to 4. SHIPMENT AND DELIVERY: While Seller will use all reasonable commercial efforts to maintain the Buyer's specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of delivery date(s) and/or performance dates acknowledged or quoted by Seller, all shipping dates and/or shipment. This warranty is given upon the condition that Buyer promptly notify Seller of any claim or suit performance dates are approximate and not guaranteed. Seller reserves the right to make partial involving Buyer in which such infringement is alleged and cooperate fully with Seller and permit Seller to shipments. Seller, at its option, shall not be bound to tender delivery of any Goods, Parts, and/or Software control completely the defense, settlement or compromise of any such allegation of infringement. Seller's for which Buyer has not provided shipping instructions and other required information. If the shipment or warranty as to utility patents only applies to infringement arising solely out of BuyerÓs operation according performance of the Goods, Parts, and/or Software is postponed or delayed by Buyer for any reason, Buyer to Seller's specifications and instructions of such Goods and/or Software. In the event (i) such Goods agrees to reimburse Seller for any and all storage costs and other additional expenses resulting therefrom. and/or Software are held to infringe such a U.S. patent or copyright in such suit, and the use of such For sales in which the end destination of the Goods, Parts, and/or Software is outside of the United States Goods and/or Software is enjoined, or (ii) a compromise or settlement is made by Seller, Seller shall have except for those international sales to SellerÓs affiliated companies), risk of loss and legal title to thethe right, at its option and expense, to procure for Buyer the right to continue using such Goods and/or Goods, Parts, and/or Software shall transfer to Buyer immediately after the Goods, Parts, and/or Software Software, or replace them with non-infringing Goods and/or Software, or modify same to become non- have passed beyond the territorial limits of the United States. For international sales to SellerÓs affiliated infringing, or grant Buyer a credit for the depreciated value of such Goods and/or Software and accept companies, all shipments of Goods, Parts, and/or Software are made on aDelivered at Place (DAP) basis, return of them. In the event of the foregoing, Seller may also, at its option,cancel the agreement as to per Incoterms 2020, with freight charges from SellerÓs facility to destination terminal invoiced to buyer future deliveries of such Goods and/or Software, without liability. Except as otherwise provided herein, either on a Prepaid or PPD/Add basis, as agreed to by Seller and Buyer. All other shipments of Goods, Seller or applicable third party licensor to Seller maintains all right, title and interest in and to the Parts, and/or Software are made on an Ex Works (EXW) SellerÓs Shipping Point basis, per Incoterms intellectual property in the Goods, Parts, and/or Software. 2020, with Seller responsible to load goods on BuyerÓs nominated vehicle. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the 9. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non- carrier. Notwithstanding the above, risk of loss and legal title to Parts shall transfer to Buyer (i) upon performance due to acts of God; acts of Buyer; war; viral outbreaks, disease,pandemic, widespread delivery by the Seller, or (ii) at the time Parts are placed in storage due to BuyerÓs delay or postponement. sickness, or epidemic; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; Shortages or damages must be identified and signed for at the time of delivery. Requests for changes in governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or quoted transportation modes will not be made or accepted on orders already processed unless otherwise delays in transportation; unavailability of or delays in the supply of materials,components, parts or labor mutually agreed upon by Seller and Buyer. Requests for changes in quoted transportation modes to required for the design and/or manufacture of Goods, Software or the performance by Seller hereunder; orders already accepted by Seller will be subject to new freight terms and billed at the price in effect at the default of suppliers; or unforeseen circumstances, acts or omissions of Buyer, or any events or causes time of the request for change. Any request for changes to quoted transportation modes must be beyond Seller'sreasonable control. Deliveries or other performance may be suspended for an appropriate submitted in writing to Seller and are subject to SellerÓs acceptance and adjustment in freight price. The period of time or canceled by Seller upon notice to Buyer in the event of any of the foregoing, but the transportation costs quoted by Seller may be changed by Seller without notice in order to reflect SellerÓs balance of this Agreement shall otherwise remain unaffected as a result of the foregoing. If Seller prices at the time of shipment and will reflect any market increase in transportation costs. If a price for determines that its ability to supply the total demand for the Goods, Parts,and/or Software, or to obtain delivery has been quoted, any changes at the destination for transportation modes, spotting, switching, material used directly or indirectly in the manufacture of the Goods, Parts, and/or Software, is hindered, handling, storage and other accessorial services and demurrage shall be borne by the customer, and any limited or made impracticable due to causes set forth in this paragraph, Seller may delay or cancel related increase in transportation charges shall be added to the quoted price. performance, make equitable adjustments in SellerÓs price for the Goods, Parts, and/or Software, and/or allocate its available supply of the Goods, Parts, Software, and/or such material (without obligation to 5. LIMITED WARRANTY: Subject to the limitations of Section 6, Seller's standard warranty that is acquire other supplies of any such Goods, Parts, Software, or material) among its purchasers on such applicable to the Goods and/or Software at the time of purchase is the only warranty applicable to the sale basis as Seller determines to be equitable without liability for any failure of performance which may result of Seller's Goods and/or Software and its terms, conditions and limitations are incorporated by reference therefrom. herein. Seller warrants that it will perform the services as described in these terms and conditions and will exercise all reasonable skill, care and due diligence in the performance of the services. Seller warrants 10. CANCELLATION: Buyer may cancel orders only upon reasonable advance written notice and upon that all services performed shall be free from faulty workmanship for a period of thirty (30) days from payment to Seller of Seller's cancellation charges which include, among other things, all costs and completion of services. Thermal Solution Components, including butnot limited to, fans, air-to-air heat expenses incurred, and to cover commitments made by the Seller, and a reasonable profit thereon. exchangers, air conditioners, emergency DC vent systems and filtered thermal vent systems are Seller'sdetermination of such cancellation charges shall be conclusive. warranted to be free from defects in material and workmanship for a period of twelve (12) months from date of shipment, or manufacturerÓs pass through warranty, whichever is longer, provided the following 11. CHANGES: Buyer may request changes or additions to the Goods, Parts, and/or Software consistent conditions are met: (i) Semi-annual preventive maintenance logs are maintained by Buyer and such logs with Seller's specifications and criteria. In the event such changes or additions are accepted by Seller, are available to Seller upon request; and (ii) Input voltage to the air conditioner unit does not vary by Seller may revise the price, license fees, and dates of delivery and/or performance dates. Seller reserves greater than +/-10%; and (iii) in the event of accidental or intentional shut-off, a Thermal Solution the right to change designs and specifications for the Goods, Parts, and/or Software without prior notice to Component will not be restarted for at least five (5) minutes; and (iv) the refrigerant specified on the unit Buyer, except with respect to Goods, Parts, and/or Software being made to order for Buyer. Seller shall nameplate label will be the only refrigerant utilized in the air conditioner unit; and, (v) Buyer complies with have no obligation to install or make such change in any Goods, Parts,and/or Software manufactured all installation, operations and maintenance instructions provided by Seller. Goods, Parts and/or Software prior to the date of such change. purchased by Seller from athird party for resale or license to Buyer ("Resale Products") shall carry only the warranty extended by the original manufacturer. To the extent assignable, Seller assigns to Buyer any Vertiv Terms and Conditions, August 2021 SL-70604_REVD_8-21 12.NUCLEAR/MEDICAL: GOODS, PARTS, AND SOFTWARE SOLD HEREUNDER ARE NOT FORSeller unless made in writing and signed on its behalf by a duly authorized representative of Seller. No USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATEDconditions, usage of trade, course of dealing or performance, understanding or agreement purporting to APPLICATIONS. Buyer accepts Goods, Parts, and Software with the foregoing understanding, agrees tomodify, vary, explain, or supplement this Agreement shall be binding unless hereafter made in writing and communicate the same in writing to any subsequent purchasers or users and to defend, indemnify andsigned by the party to be bound, and no modification or additional terms shall be applicable to this hold harmless Seller from any claims, losses, suits, judgments and damages, including incidental andAgreement by Seller's receipt, acknowledgment, or acceptance of purchase orders, shipping instruction consequential damages, arising from such use, whether the cause of action be based in tort, contract orforms, or other documentation containing terms at variance with or in addition to those set forth herein. otherwise, including allegations that the SellerÓs liability is based on negligence or strict liability. Any such modifications or additional terms are specifically rejected and deemed amaterial alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is 13. ASSIGNMENT: Buyer shall not assign its rights or delegate its duties hereunder or any interest herein expressly conditional upon BuyerÓs assent to any additional or different terms set forth herein. Seller without the prior written consent of Seller, and any such assignment, without such consent, shall be void. reserves the right to subcontract services to others. No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing 14.SOFTWARE: Notwithstanding any other provision herein to the contrary, Seller or applicable thirdwaiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in ed by the party to be bound. All typographical or clerical errors made by Seller in anypartylicensortoSellershallretainallrightsofownershipandtitleinitsrespectiveSoftware, includingwriting and sign without limitation all rights of ownership and title in its respective copies of such Software. Except asquotation, acknowledgment or publication are subject to correction. The validity,performance, and all otherwise provided herein, Buyer is hereby granted a nonexclusive, non-transferable royalty free license to other matters relating to the interpretation and effect of this Agreement shall be governed by the law of the use the Software incorporated into the Goods solely for purposes of Buyer properly utilizing such Goodsstate of Ohio without regard to its conflict of laws principles. Buyer and Seller agree that the proper venue purchased from Seller. All other Software shall be furnished to, and used by, Buyer only after execution of for all actions arising in connection herewith shall be only in Ohio and the parties agree to submit to such Seller's (or the licensorÓs) applicable standard license agreement, the terms of which are incorporatedjurisdiction. No action, regardless of form, arising out of transactions relating to this contract, may be herein by reference. brought by either party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement. 15. TOOLING: Tool, die, and pattern charges, if any, are in addition to the price of the Goods and are due and payable upon completion of the tooling. All such tools, dies and patterns shall be and remain the25.DATA COLLECTION AND USE: By using the Goods, Parts and/or Software, Buyer grants Seller, its property of Seller. Charges for tools, dies, and patterns do not convey to Buyer, title, ownership interest in, affiliates, subsidiaries, and service providers, anon-exclusive, irrevocable,royalty free, worldwide right or rights to possession or removal, or prevent their use by Seller for other purchasers, except as otherwise and license to collect, compile, retain, use, reproduce, and create derivative works of, your non-personalinformationexpresslyprovidedbySellerandBuyerinwritingwithreferencetothisprovision. and data, which includes without limitation, all data, materials, reports, text, sound, video,image files, 16.DOCUMENTATION: Seller shall provide Buyer with that data/documentation which is specificallysoftware or any other information (ÐService DataÑ) that isprovided by, or on behalf of,Buyer, or collected identified in Seller'squotation. If additional copies of data/documentation are to be provided by Seller, itor compiled by Seller, its affiliates, subsidiaries, or service providers through the Goods, Parts, and/or shall be provided to Buyer at Seller's applicable prices then in effect. Software. Seller, its affiliates, subsidiaries, and service providers may collect, compile, retain, use, reproduce, and create derivative works of Service Data: (i) to provide services, support, and maintenance; 17. INSPECTION/TESTING: Buyer, at its option and expense, may observe the inspection and testing by (ii)to develop and improve products, software, and services; and (iii) for scientific and technical research Seller of the Goods and/or Software for compliance with Seller's standard test procedures prior toand marketing purposes. Buyer is solely responsible for the Service Data, and Buyer will secure and aintain all rights necessary for Seller, its affiliates, subsidiaries, and service providers to process and useshipment, which inspection and testing shall be conducted at Seller's plant at such reasonable time as ism specified by Seller. Any rejection of the Goods and/or Software must be made promptly by Buyer beforeService Data as described in this paragraph without violating the rights of any third party or otherwise shipment. Tests shall be deemed to be satisfactorily completed and the test fully met when the Goodsobligating Seller, its affiliates, subsidiaries, and service providers to Buyer or any third party. The Service and/or Software meet Seller's criteria for such procedures. If Buyer does not inspect the Goods and/orData will be aggregated with other information, materials, or data collected or compiled by, or provided to, Seller, its affiliates, subsidiaries, or service providers and anonymized, such that the Service Data will notSoftwareatSeller'splant as provided herein, Buyer shall have ten (10) days from (i) the date of delivery of Goods, Parts, and/or Software and (ii) from the date of completion of each portion of the services tointentionally reveal BuyerÓs identity. In accordance with applicable law, Service Data may be transferred, inspect the Goods, Parts, and/or Software, and in the event of any non-conformity, Buyer must give written transmitted, or distributed to, stored, and processed in, cloud computing environments in the United States notice to Seller within said period stating why the Goods, Parts, and/or Software are not conforming.or any other country in which Seller, its affiliates, subsidiaries, or service providers maintain operations. By using the Goods, Parts, and/or Software, Buyer agrees to such use, transfer, transmission, distribution, Failure by Buyer to give such notice constitutes unqualified acceptance of the Goods, Parts, and/or Software. BuyerÓs sole remedy for non-conforming services shall be correct performance of servicesstorage, and processing of the Service Data. Seller, its affiliates, subsidiaries, and service providers will incorrectly performed by Seller. retain Service Data for as long as is necessary for Seller and its affiliates and subsidiaries business purposes in accordance with applicable law. The rights and licenses granted herein to SellerÓs service providers shall only be granted to the extent service providers are providing goods and services on18.RETURNED GOODS: Advance written permission to return Goods, Parts, and/or Software must be obtained from Seller in accordance with SellerÓs then current Return Material Authorization (RMA)SellerÓs and its affiliates and subsidiaries behalf. procedures and a return authorization number issued. Such Goods, Parts, and/or Software must be (i)26.PRIVACY: Seller will collect and process personal data of those employed by or otherwise affiliated current, unused, catalogued Goods, Parts, and/or Software, still in original packaging (ii) free of all liens,with Buyer in accordance with Seller's "Privacy Notice for Customers and Suppliers ÎCalifornia" available here www.vertiv.com/ca-privacy (the ÐNoticeÑ), which Notice the Buyer hereby acknowledges havingencumbrances, or other claims, and (iii) shipped, transportation prepaid, to SellerÓs specified location. Returns made without proper written permission will not be accepted by Seller. Seller reserves the right to received, read, and understood. In the event of any queries or concerns with its contents, Buyer must inspect Goods, Parts, and/or Software prior to authorizing return. contact Seller at the contact details provided in the Notice prior to entering into this Agreement or the commencement of performance hereunder, in failure of which, the terms of the Notice will be deemed 19. BILLABLE SERVICES: Additional charges will be billed to Buyer at SellerÓs then prevailing labor rates accepted and consented to in their entirety. and Parts prices for any of the following: a) any services not specified in SellerÓs quotation, SellerÓs order acknowledgement, SellerÓs scope of work, or other documents referenced herein and therein; b) any27. ADDITIONAL SERVICE CONDITIONS: The Buyer shall furnish to Seller, at no cost, suitable working space, storage space, adequate heat, telephone, light, ventilation, regulated electric power and outlets forservicesperformedattimesotherthanSellerÓsnormalservicehours; c) if timely and reasonable site and/or equipment access isdenied the Seller service representative; d) if it is necessary, due to localtesting purposes. The facilities shall be within a reasonable distance from where the Goods are to be circumstances, to use union labor or hire an outside contractor, Seller service personnel will provideprovided. Seller and its representatives shall have full and free access to the equipment in order to provide supervision only and the cost of such union or contract labor will be charged to Buyer; (e) if service orthe necessary Goods. Buyer authorizes Seller to send a service technician or an authorized agent to access any site requested by Buyer to perform services, including services on different scopes of workrepairisnecessarytoreturnequipmenttoproperoperatingconditionasaresultofotherthanSeller (i) maintenance, repair, or modification (including, without limitation, changes in specifications orand equipment as requested by Buyer. Buyer shall provide the means to shut-off and secure electric incorporation of attachments or other features), (ii) misuse or neglect, (including, without limitation, failure power to the equipment and provide safe working conditions. Seller is under no obligation to remove or to maintain facilities and equipment in a reasonable manner), (iii) failure to operate equipment indispose of Parts or equipment unless specifically agreed upon in SellerÓs scope of work. Buyer shall immediately inform Seller, in writing, at the time of order placement and thereafter, of any unsafe oraccordancewithapplicablespecifications, and (iv) catastrophe, accident, or other causes external to equipment; (f) SellerÓs performance is made more burdensome or costly as a result of BuyerÓs failure tohazardous substance or condition at the site, including, butnot limited to, the presence of asbestos or comply with its obligations herein, or (g) any additional obligations or requirements, including but notasbestos-containing materials, and shall provide Seller with any applicable Material Data Safety Sheets limited to those related to insurance requirements, service delivery, building entry or technical training. regarding the same. Any losses, costs, damages, claims and expenses incurred by Seller as aresult of BuyerÓs failure to so advise Seller shall be borne by Buyer. Seller, in its sole discretion and without cost or 20.DRAWINGS: Seller'sdocumentation, prints and drawings (including without limitation, the underlyingpenalty, reserves the right to cancel its performance under this Agreement or any order immediately upon technology) furnished by Seller to Buyer in connection with this Agreement are the property of Seller andwritten notice to Buyer following Seller discovery of unsafe or hazardous site substance or condition or any Seller retains all rights, including without limitation, exclusive rights of use, licensing and sale. Possession other circumstance altering SellerÓs performance hereunder. Buyer shall appoint a representative familiar with the site and the nature of SellerÓs performance to be accessible at all times that Seller personnel areofsuchprintsordrawingsdoesnotconveytoBuyeranyrightsorlicense, and Buyer shall return all copies in whatever medium) of such prints or drawings to Seller immediately upon request therefor.at the site. Seller shall not be liable for any expenses incurred by Buyer in removing, replacing or Notwithstanding the foregoing, Buyer may use the documentation, prints and drawings in connection with refurbishing any Buyer equipment or any part of BuyerÓs building structure that restricts Seller access. the use of the Goods, Parts, and/or Software.Buyer personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer. 21. BUYER SUPPLIED DATA: To the extent that Seller has been provided by, or on behalf of, Buyer any specifications, description of operating conditions or other data and information in connection with the28. INDEMNITY: Each party shall indemnify and hold the other party harmless from loss, damage, liability selection or design of the Goods, Parts, and/or Software, and/or the provision of services, and the actual or expense resulting from damage to personal property of a third party, or injuries, including death, to third parties to the extent caused by a negligent act or omission of the party providing indemnification or thatoperatingconditionsorothercircumstancesdifferfromthoseprovidedbyBuyerandrelieduponbySeller, any warranties or other provisions contained herein which are affected by such conditions shall be null and partyÓs subcontractors, agents or employees during performance of services hereunder. Such void. indemnification shall be reduced to the extent damage or injuries are attributable to others and in no event shall the indemnifying party be obligated to indemnify or insure the other party for the indemniteeÓs own fault or negligence. The indemnifying party shall defend the other party in accordance with and to the22. EXPORT/IMPORT: Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and the European Union, and the extent of the above indemnification, provided that the indemnifying party is:i) promptly notified by the jurisdictions in which the Seller and Buyer are established or from which Goods, Parts, Software, andother party, in writing, of any claims, demands or suits for such damages or injuries;ii) given all services may be supplied, will apply to their receipt and use. In no event shall Buyer use, transfer, release, reasonable information and assistance by the other party; iii) given full control over any resulting negotiation, arbitration or litigation, including the right to choose counsel and settle claims, or theimport, export, Goods, Parts, or Software in violation of such applicable laws, regulations, orders or requirements. indemnifying partyÓs obligations herein shall be deemed waived. 23.NON-SOLICITATION: Buyer shall not solicit, directly or indirectly, or employ any employee of SellerCOPYRIGHT 2021 Vertiv Group Corp. All rights reserved. Vertiv© and the Vertiv logo are trademarks or registered trademarks of Vertiv Group Corp. All other names and logos referred to are trade names, during the period any Goods are being provided to Buyer and for a period of one (1) year after the last provision of Goods. trademarks or registered trademarks of their respective owners. While every precaution has been taken to ensure accuracy and completeness here, Vertiv Group Corp. assumes no responsibility, and disclaims all 24.GENERAL PROVISIONS: This Agreement supersedes all other communications, negotiations andliability, for damages resulting from use of this information or for any errors or omissions.Specifications, rebates and other promotional offers are subject to change at VertivÓs sole discretion upon notice. prior oral or written statements regarding the subject matter of this Agreement. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon the Vertiv Terms and Conditions, August 2021 SL-70604_REVD_8-21 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 CzTfshfzHsfdivlijobu3;4:qn-Kbo35-3135 2pg5QbhfJOTJHIU!QVCMJD!TFDUPS!TMFE 3812!F!JOTJHIU!XBZ DIBOEMFS!B\[!!96397.2:41IUUQ;00XXX/JOTJHIU/DPN Ufm;!911.578.5559 TPME.UP!QBSUZ21876:98 Rvpubujpo DJUZ!PG!DBSNFM BDDPVOUT!QBZBCMF Rvpubujpo!Ovncfs;13381495652!DJWJD!TRBVSF Epdvnfou!Ebuf;2:.KBO.3135DBSNFM!JO!!57143 QP!Ovncfs;NPSHBO(T!XJTIMJTU QP!sfmfbtf; TIJQ.UP Tbmft!Sfq Nfmbojf!Gphu Fnbjm NFMBOJF/GPHUAJOTJHIU/DPNDJUZ!PG!DBSNFM Ufmfqipof,2:48526:568JOGPSNBUJPO!BOE!DPNNVOJDBUJPOT!TZTU Tbmft!Sfq!3 Fedbsmp!QbepmjobUJNPUIZ!SFOJDL Fnbjm 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Tjodfsfmz- Nfmbojf!Gphu 2:48526:568 NFMBOJF/GPHUAJOTJHIU/DPN Fedbsmp!Qbepmjob 23244738214 FEDBSMP/QBEPMJOBAJOTJHIU/DPN Up!qvsdibtf!voefs!uijt!dpousbdu-!zpvs!bhfodz!nvtu!cf!sfhjtufsfe!xjui!PNOJB!Qbsuofst!Qvcmjd!Tfdups/ Jotjhiu!Hmpcbm!Gjobodf!ibt!b!xjef!wbsjfuz!pg!gmfyjcmf!gjobodjoh!pqujpot!boe!ufdiopmphz!sfgsfti!tpmvujpot/!!Dpoubdu!zpvs!Jotjhiu! sfqsftfoubujwf!gps!bo!joopwbujwf!bqqspbdi!up!nbyjnj{joh!zpvs!ufdiopmphz!boe!efwfmpqjoh!b!tusbufhz!up!nbobhf!zpvs!gjobodjbm! pqujpot/ Uijt!qvsdibtf!jt!tvckfdu!up!Jotjhiut!pomjof!Ufsnt!pg!Tbmf!vomftt!zpv!ibwf!b!tfqbsbuf!qvsdibtf!bhsffnfou!tjhofe!cz!zpv!boe! Jotjhiu-!jo!xijdi!dbtf-!uibu!tfqbsbuf!bhsffnfou!xjmm!hpwfso/!Jotjhiut!pomjof!Ufsnt!pg!Tbmf!dbo!cf!gpvoe!bu!uif!ufsnt.boe.qpmjdjft mjol!cfmpx/! Rvpubujpo!Ovncfs338149565 IUUQ;00XXX/JOTJHIU/DPN Epdvnfou!Ebuf2:.KBO.3135 5pg5Qbhf TPGUXBSF!BOE!DMPVE!TFSWJDFT!QVSDIBTFT;!Jg!zpvs!qvsdibtf!dpoubjot!boz!tpguxbsf!ps!dmpve!dpnqvujoh!pggfsjoht! Tpguxbsf!boe!Dmpve!Pggfsjoht fbdi!pggfsjoh!xjmm!cf!tvckfdu!up!uif!bqqmjdbcmf!tvqqmjfs(t!foe!vtfs!mjdfotf!boe!vtf!ufsnt! Tvqqmjfs!Ufsnt#*!nbef!bwbjmbcmf!cz!uif!tvqqmjfs!ps!xijdi!dbo!cf!gpvoe!bu!uif!ufsnt.boe.qpmjdjft mjol!cfmpx/!Cz!psefsjoh-! qbzjoh!gps-!sfdfjwjoh!ps!vtjoh!Tpguxbsf!boe!Dmpve!Pggfsjoht-!zpv!bhsff!up!cf!cpvoe!cz!boe!bddfqu!uif!Tvqqmjfs!Ufsnt!vomftt!zpv! boe!uif!bqqmjdbcmf!tvqqmjfs!ibwf!b!tfqbsbuf!bhsffnfou!xijdi!hpwfsot/ iuuqt;00xxx/jotjhiu/dpn0ufsnt.boe.qpmjdjft CzBmmjtpoMzodi.NdHsbuibu21;58bn-Kbo36-3135 City of Carmel Street Department 2024 Flower Installation- Service Contract The City of Carmel would like to receive quotes for planting Spring, Summer, Fall annuals, and Winter décor for various areas in Carmel. After initial installation, flowers must be watered once and Carmel representative must benotified by email and text message ofcompletion of that area. The list of areas to have seasonal flowers are: 1. 32 Roundabouts with Urns (see list below) 2. Rangeline Rd- 40 Planters between City Center Rd and Executive Dr 3. 33 Midtown Plaza Planters 4. Miscellaneous Locations throughout City (see list below) The Carmel Street Department will be purchasing all annuals/perennials for this contract. The Contractor will be required to install and maintain these plantings for Spring, Summer, Fall, and Winter seasons. or perennial. The contractor is to supply the leaf compost. The Contractor will be required to apply a three-month slow-release application of fertilizer, as tothe ete. The Contractor will also water all annuals/perennials immediately after planting and inform the City by text or e-mail as to which areas have been completed. The Contractor will be required to use dark brown dyed hardwood mulch around the annuals after planting occurs if the soil is disturbed to have a completed finished look toeach landscape area. Nomore than33% ofsoilormulch shallbevisible afterplanting anyseasonal display. rdSpringplantingistobegininthe3week of March. thSummerplantingistobegintheweekofMay13. stFallplantingistobegininthe1week of October. ndWinterdécoristobecompletebeforethe2Saturday in November. Upon the completion of the growing season, the contractor will be required to pull all dead annuals/ décor, trim all perennials that were planted, and remove and dispose of all plant material from the planting beds. t Winter Décor Details Winter decorations are to include greens covering the entire planter opening to a height of not less than1 ft. high. All soil in the planters is to be covered with the winter décor. The center of the urn is to be as high as the width of the urn, with the maximum height to be 6 ft tall. The construction of the winter decorations is to be made in such a way sothey will withstand winter winds, storms, and snow. The Contractor is to maintain, repair, or replace any decorations that do not withstand winter weather. Some urns contain irrigation systems. If any of these systems are damaged during the installation of decorations, the Contractor is responsible for repairs. The allowable material for each planter should be a mixture of: Branches spray-painted white or gold Cut eucalyptus Dried hydrangea blooms Dried Magnolia grandiflora branches Evergreen boughs Holly branches (both evergreen and deciduous) Ilex verticillata Pinecones Red, Silver, or Gold ornaments Any other festive plant materials approved by the City prior to installation Winter Decoration Examples t Winter Decoration Examples (cont.): t MidwestFlowerLocations- 2024 Spring LocationSizeNotes Civic Sq. Parking Garage Planters47 planters79 flats- 1801- pansy 96th and Priority Way6 annual beds36 flats- 1801- pansy 96th and Delegates Row4 annual beds24 flats- 1801- pansy 96th and Hazel Dell Pkwy4 annual beds24 flats- 1801- pansy Monon and Carter Green Planters4 planters4 flats- 1801- pansy Main St Knee-High PlantersW ofBubs toW of4th AveEmpty for Spring Rangeline Rd Planters in Bike Lane40 planters- 24" x60"80flats- 1801- pansy; 120grass Midtown Plaza Planters34- Various sizes40 flats- 1801- pansy; 37grass CityHall- South Side BedsTriangle and side beds36 flats- 1801- pansy City Hall- N Side Courtyard BedsTwo bedsEmpty for Spring CityHall- N Side Urns2 urnsRemoved in 2023 CityHall- Monument Sign BedAround monument20 flats- 1801- pansy CityHall- Gazebo BedsTwo bedsEmpty for Spring CityHall- Japanese GardenVarious bedsEmpty for Spring CityHall- Tiered Fountain Beds12 tiered bedsEmpty for Spring Reflecting PondTwo long bedsEmpty for Spring War Memorial4 planters around statueEmpty for Spring SE corner of City Center/ Rangeli.Bed and 2raised plantersEmpty for Spring Monon Stairway BedBed near stairsEmpty for Spring Divvy Restaurant- 7plantersDO NOT PLANT AFTER 10AM28 flats- 1801- pansy City Center Plaza Planters25 large and sm. Planters102 flats- 1801- pansy Sophia Sq.- NE corner bedNear 'Anytime Fitness' GymEmpty for Spring Sophia Sq.- SE corner bedsNear stairsEmpty for Spring Sophia Sq.- Cube Planters10 planters15 flats- 1801- pansy Tarkington Entry DoorsTwo beds30 flats- 1801- pansy Tarkington Sign BedBoth sides of signEmpty for Spring Window Boxes55 window boxes37 flats- 1801- pansy Children'sSm. Art Gall.Beds and 2urns21 flats- 1801- pansy Downtown bumpouts6 bumpoutsEmpty for Spring 4th and Main Roundabout beds3 bedsEmpty for Spring 32 roundabouts with urns45 urnsEmpty for Spring Summer LocationSizeNotes Civic Sq. Parking Garage Planters47 planters364- 4.5" pots- annuals (ann.) 96th and Priority Way6 annual beds402- 4.5" pots- annuals 96th and Delegates Row4 annual beds248- 4.5" pots- annuals 96th and Hazel Dell Pkwy4 annual beds248- 4.5" pots- annuals Monon and Carter Green Planters4 planters28- 4.5" pots- annuals Main St Knee-High PlantersW ofBubs to W of4thAve600- 4.5" pots- annuals Rangeline Rd Planters in Bike Lane40 planters- 24" x60"520- 4.5"- annuals; 80 grass Midtown Plaza Planters34- Various sizes542- 4.5"; 10- 6"ann. ; 16 grass CityHall- South Side BedsTriangle and side beds1,068- 4.5" annuals CityHall- NSide Courtyard BedsTwo beds120- 4.5" annuals CityHall- N Side Urns2 urnsRemoved in 2023 CityHall- Monument Sign BedAround monument270- 4.5" annuals CityHall- Gazebo BedsTwo beds90- 4.5" annuals CityHall- Japanese GardenVarious beds90- 4.5" annuals CityHall- Tiered Fountain Beds12 tiered beds350- 4.5" annuals; 16- 6" canna Reflecting PondTwo long beds750- 4.5" annuals War Memorial4 planters around statue360- 4.5" annuals SE corner of City Center/ Rangeli.Bed and 2raised planters200- 4.5" annuals; 3lant. Trees Monon Stairway BedBed near stairs120- 4.5" annuals Divvy Restaurant- 7 plantersDO NOT PLANT AFTER 10AM140- 4.5" annuals City Center Plaza Planters25 large and sm. Planters1,264- 4.5" ann.; 36- 6" canna Sophia Sq.- NE corner bedNear 'Anytime Fitness' Gym40- 4.5" annuals Sophia Sq.- SE corner bedsNear stairs160- 4.5" annuals Sophia Sq.- Cube Planters10 planters120- 4.5" annuals; 10- 6" canna Tarkington Entry DoorsTwo beds240- 4.5" annuals Tarkington Sign BedBoth sides ofsign100- 4.5" annuals Window Boxes55 window boxes495- 4.5" annuals Children'sSm. Art Gall.Beds and 2urns370- 4.5" annuals; 2canna Downtown bumpouts6 bumpouts380- 4.5" annuals 4th and Main Roundabout beds3 beds720- 4.5" ann.; 60 grass 32 roundabouts with urns45 urns1,563- 4.5" annuals Fall LocationSizeNotes Civic Sq. Parking Garage Planters47 planters79 flats- 1801- pansy 96th and Priority Way6 annual beds36 flats- 1801- pansy 96th and Delegates Row4 annual beds24 flats- 1801- pansy 96th and Hazel Dell Pkwy4 annual beds24 flats- 1801- pansy Monon and Carter Green Planters4 planters4 flats- 1801- pansy Main St Knee-High PlantersW of Bubs toW of 4th AveEmpty for Fall Rangeline Rd Planters in Bike Lane40 planters- 24" x60"240- 4.5" ivy; 160- 9" mums Midtown Plaza Planters34- Various sizes94- 4.5" ivy; 44- 9" mums CityHall- South Side BedsTriangle and side beds200- 9" mums CityHall- NSide Courtyard BedsTwo bedsEmpty for Fall CityHall- N Side Urns2 urnsRemoved in 2023 CityHall- Monument Sign BedAround monument80- 9" kale and mums CityHall- Gazebo BedsTwo bedsEmpty for Fall CityHall- Japanese GardenVarious bedsEmpty for Fall CityHall- Tiered Fountain Beds12 tiered bedsEmpty for Fall Reflecting PondTwo long bedsEmpty for Fall War Memorial4 planters around statueEmpty for Fall SE corner of City Center/ Rangeli.Bed and 2raised plantersEmpty for Fall Monon Stairway BedBed near stairsEmpty for Fall Divvy Restaurant- 7plantersDO NOT PLANT AFTER 10AM28 flats- 1801- pansy City Center Plaza Planters25 large and sm. Planters236- 4.5" snaps; 59 fl. Pansy Sophia Sq.- NE corner bedNear 'Anytime Fitness' GymEmpty for Fall Sophia Sq.- SE corner bedsNear stairsEmpty for Fall Sophia Sq.- Cube Planters10 planters40- 4.5" ivy; 10- 9" mums Tarkington Entry DoorsTwo beds90- 9" mums Tarkington Sign BedBoth sides of signEmpty for Fall Window Boxes55 window boxes220- 4.5" snaps; 25 fl. Pansy Children'sSm. Art Gall.Beds and 2urns12 fl.pans; 12 mum/kale; 20 snaps Downtown bumpouts6 bumpoutsEmpty for Fall 4th and Main Roundabout beds3 bedsEmpty for Fall 32 roundabouts with urns45 urnsEmpty for Fall Winter LocationSizeNotes Civic Sq. Parking Garage Planters47 planters135- 12" winter inserts 96th and Priority Way6 annual beds18- 21" winter inserts 96th and Delegates Row4 annual beds12- 21" winter inserts 96th and Hazel Dell Pkwy4 annual beds12- 21" winter inserts Monon and Carter Green Planters4 planters4- 12" winter inserts Main St Knee-High PlantersW of Bubs toW of 4th AveEmpty for winter Rangeline Rd Planters in Bike Lane40 planters- 24" x60"120- 15" inserts Midtown Plaza Planters34- Various sizes30- 21" inserts; 12- 3gal junip. CityHall- South Side BedsTriangle and side bedsEmpty for winter CityHall- N Side Courtyard BedsTwo bedsEmpty for winter CityHall- N Side Urns2 urnsRemoved in 2023 CityHall- Monument Sign BedAround monument9- 21" inserts CityHall- Gazebo BedsTwo bedsEmpty for winter CityHall- Japanese GardenVarious bedsEmpty for winter CityHall- Tiered Fountain Beds12 tiered bedsEmpty for winter Reflecting PondTwo long bedsEmpty for winter War Memorial4 planters around statueEmpty for winter SE corner of City Center/ Rangeli.Bed and 2 raised plantersEmpty for winter Monon Stairway BedBed near stairsEmpty for winter Divvy Restaurant- 7plantersDO NOT PLANT AFTER 10AMEmpty for winter City Center Plaza Planters25 large and sm. Planters16- 21"; 36- 15" inserts; 6- 5' birch Sophia Sq.- NE corner bedNear 'Anytime Fitness' GymEmpty for winter Sophia Sq.- SE corner bedsNear stairsEmpty for winter Sophia Sq.- Cube Planters10 planters10- 12" inserts Tarkington Entry DoorsTwo bedsEmpty for winter Tarkington Sign BedBoth sides of signEmpty for winter Window Boxes55 window boxes252 sqft greenery Children'sSm. Art Gall.Beds and 2urnsEmpty for winter Downtown bumpouts6 bumpoutsEmpty for winter 4th and Main Roundaboutbeds3 bedsEmpty for winter 32 roundabouts with urns45 urns104- 21" inserts; 36 sqft greenery Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 110778 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 1/11/2024372342 MIDWEST LANDSCAPE INDUSTRIES, INC Street Department VENDORSHIP6800E30THST 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46219 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 84087 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 43-504.00 1EachFlowers$81,226.80$81,226.80 Sub Total 81,226.80 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 81,226.80PAYMENT 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. LeeHigginbotham TITLECommissioner CONTROL NO. 110778 CONTROLLER CzBmmjtpoMzodi.NdHsbuibu22;21bn-Kbo29-3135 GroundsPRO, LLC Utilities Department - 2023 Appropriation #01-6360-03 Fund; P.O. #W10160 Contract Not To Exceed $63,700.00 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 solecost 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, butnot 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, butnot 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, butnot 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, butnot 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\\Utilities\\2023\\GroundPRO, LLC Goods and Services.docx:12/11/2023 11:35 AM\] 2 GroundsPRO, LLC Utilities Department - 2023 Appropriation #01-6360-03 Fund; P.O. #W10160 Contract Not To Exceed $63,700.00 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, 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 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 theirright 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\\Utilities\\2023\\GroundPRO, LLC Goods and Services.docx:12/11/2023 11:35 AM\] 3 GroundsPRO, LLC Utilities Department - 2023 Appropriation #01-6360-03 Fund; P.O. #W10160 Contract Not To Exceed $63,700.00 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 Utilities Department Office of Corporation Counsel nd30WMainSt, 2 Floor One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: GroundsPRO, LLC 9405 Sutton Place West Chester, Ohio 45011 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\\Utilities\\2023\\GroundPRO, LLC Goods and Services.docx:12/11/2023 11:35 AM\] 4 GroundsPRO, LLC Utilities Department - 2023 Appropriation #01-6360-03 Fund; P.O. #W10160 Contract Not To Exceed $63,700.00 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\\Utilities\\2023\\GroundPRO, LLC Goods and Services.docx:12/11/2023 11:35 AM\] 5 GroundsPRO, LLC Utilities Department - 2023 Appropriation#0I-6360-03 Fund; P.O. #Wl0160 Contract Not To Exceed $63,700.00 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 by and through its Board of Public Works and Safety By: Sue Finkam, Presiding Officer Date: ---------- Laura Campbell, Member Date: ---------- Alan Potasnik, Member Date: ---------- ATTEST: Jacob Quinn,Clerk Date: ---------- {S :\Coutracts'J>epanments\Utilities\W23\Grom1dPRO. LLC Goods aud Services.docx:12/1 I/10".3 11 :35 AM] GroundsPRO, LLC orlzed Signature Printed'Name FID/TIN: ------------ Exhibit A EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Goods/Services Date Goods/ Service Provided Goods/Services Provided Describe each good/service separately and in detail) Cost Per Item Hourly Rate/ Hours Worked Total GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker’s Compensation & Disability Statutory Limits Employer’s Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250, 000 each accident Bodily Injury by Accident/Disease: $500, 000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal & Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage (any one fire): $250,000 Medical Expense Limit (any one person): $ 50,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Clerk 1/3/24 BPW 1/11/24 Reviewed/Recommend Approval CPD Horner 12/7/23 STREET Privett 12/7/23 CFD Heavner 12/8/23 ENGINEERING Kirsh 12/11/23 CRED Brewer 12/28/23 CITY OF CARMEL USE ONLY Approved this __ day of ______ , 2024 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety Sue Finkam, Presiding Officer Date: ___________ _ Laura Campbell, Member Date: ------------ Alan Potasnik, Member Date: ___________ _ ATTEST: Jacob Quinn, City Clerk Date Special Conditions: _________________________ _ CITY OF CARMEL, INDIANA - INFORMATION SPECIAL EVENT/ FACILITY USE REQUEST FORM *Must be at least 18 years of age to complete this form. CONTACT £NFORMATION: Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization 1'ype: Residency/Location: Event/Use Purpose: Event Date 2/25/2024 Meg Gates Osborne meg@megpromo.com 3175907522 317-59-7522 The City of Carmel Street Address 1 Civic Square Address Line 2 City Carmel Postal / Zip Code 46032 Non-Profit Organization State I Province / Region IN Country United States Do you reside or are you located within the Carmel city limits? •Yes No Provide Skating opportunities for people with sensory restrictions and disabilities End Date 2/25/2024 Number of People Expected: 70 Set-Up Start time 04:00:00 PM Tear Down End Time 07:00:00 PM Clerk 1/31/24 BPW 2/7/24 REVIEWED/RECOMMEND APPROVAL CPD Horner 1/5/24 STREET Towns 1/9/24 CFD Heavner 1/5/24 ENGINEERING Kirsh 1/9/24 CRED Brewer 1/9/24 1/5/24 Center for Performing Arts - Adams and REI - Brock - OK CITY OF CARMEL USE ONLY Approved this __ day of ______ 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety Sue Finkam, Presiding Officer Date: ___________ _ Laura Campbell, Member Date: ___________ _ Alan Potasnik, Member Date: ___________ _ ATTEST: Jacob Quinn, City Clerk Date Special Conditions: __________________________ TRADITIONAL LED ©2023 Duke Energy Corporation 230945 MW 5/23 For additional information, contact us at ODLMidwest@duke-energy.com. Light source: LED Wattage: 50 watts Lumens: 4,215 | 4,761 Light pattern:IESNA Type III | Type V IESNA cutoff classifi cation:Semi-cutoff BUG rating:B2U3G2 Color temperature:3,000K | 4,000K FEATURES BENEFITS Turnkey operation Provides hassle-free installation and service Little or no installation cost Frees up capital for other projects Design services by lighting professionals included Meets industry standards and lighting ordinances Maintenance, electricity & warranty included Eliminates high and unexpected repair bills One low monthly cost on your electric bill Convenience and savings for you POLE AVAILABLE MOUNTING HEIGHT COLOR Aluminum 12', 15', 17', 19', 24'Black, Green LED (Light-emitting diode)50 watts Mounting height 12'-24' Color Black Green Pole Style A Style B Style C Style D Style E Style F Applications Neighborhoods Parks Shopping centers Streets Outdoor Lighting Light distribution patterns Type III Type V Products and specifi cations are subject to change J. D. Hall Land Surveying James D. Hall, Registered Land Surveyor Indiana – LS20500017 803 S. Ohio Street, Sheridan, IN 46069-1433 Copyright ©by J D Hall Land Surveying, 2024 Phone: 317-800-8632 Email: ALANDSURVEYOR@YAHOO.COM - 1 - 1/25/2024 Jeremy Kashman City of Carmel Engineering Ref: 520 North Rangeline project formerly Matriarch Birthing Center 520 North Range Line Road Variance Request Jeremy, With our latest discussions at the end of August / early September we have worked through our latest iteration of the drainage design for this project and have determined that we need the following variance. Chapter 300, those certain items listed as possible variance items in the project review. 302.03. We meet the 10yr rate but not the 100yr with the current design. The trade off here being that we hold flows thru and including the 10yr event, providing WQ well beyond the usual requirements. 302.06(3) a waiver/variance is requested. We have relocated the drainage and parking facilityes 10’ further EAST, away from existing utilities. 302.06(4) a waiver/variance is requested. For obvious reasons, the system is oriented North-South and extend the full length of the proposed parking facility with is within the 50 ’ setback required by this item. 302.12 a waiver/variance is requested as this plan is an attempt to create a suitable outlet for this project since none exists. We have determined that due to site constraints and inability to feasibly construct a proper outlet, that, we can only provide some sheet flow and directional control via grading across the site into very small, under drained areas, to control the location and in some fashion the timing of these releases. We have made our best efforts to determine the release rates and volumes predicted for this project and at the very least slow the water down as best we can in this design. Chapter 400 & 500, these entire chapters. We are not proposing any storm piping except roof drains as shown on the plans. A specialty outlet shall be constructed as part of the necessary sidewalk improvements next to the drive entry. Chapter 600 & 700, elements, and requirements of these chapters for; 1) a second BMP, due to the constructability of this site discussed earlier, there just is not an option for a second BMP. As proposed the only features that will act as a BMP will be the western “basin” and the only maintenance of this would be periodic mowing at the most unless the owner decided to plant a flower bed within which would only have fall and spring care, maintenance, and planting activities. 5t h S t r e e t N W 6t h S t r e e t N W Rangeline Rd 1st Ave NW OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 0. 0 0. 0 0. 0 N 01°00'44" W 159.17' (M) S 8 8 ° 3 2 ' 1 3 " W 1 9 8 . 0 1 ' N 01°00'44" W 66.00' (M) S 01°00'44" E 225.28' (M) 225'(D) S 8 8 ° 3 2 ' 1 3 " W 1 0 . 0 0 ' N 8 8 ° 3 0 ' 2 6 " E 2 0 8 . 0 1 ' EAST LINE, NE 1/4, SEC. 25-T18N-R3E N 01°00'44" W 2644.92' 30.00' 2 3 . 7 7 ' S 01°00'44" E 195.28' S 8 8 ° 3 2 ' 1 3 " W 1 7 4 . 2 4 ' S 8 8 ° 3 0 ' 2 6 " W 1 8 4 . 0 2 ' S 00°54'53" E 129.19' N O R T H I N S T # 2 0 1 8 - 1 9 9 4 8 5 / 9 / 2 0 1 8 K I S S E L I N S T # 2 0 0 3 - 5 5 8 6 6 6 / 1 1 / 2 0 0 3 Q U I N N P R O P E R T Y M A N A G E M E N T L L C I N S T # 2 0 1 8 - 0 1 7 6 2 1 / 1 6 / 2 0 1 8 M A K O R I N V E S T M E N T S L L C I N S T # 2 0 0 9 - 4 4 1 2 3 7 / 2 0 / 2 0 0 9 1519.83' (M) EX . M H EX . M H SS SS SS SS SS SS SS SS SS SS SS SS SS SS RE F . NOU R I S H M E N T DN DN ELE V PASS-THRU CO V E R E D P O R C H AM B U L A N C E PI C K U P SIGNAGE WALL RA M P RAMP UP DNG G G G G G G G G G G SS SS SS SS NE W S A N I T A R Y LA T E R A L NE W 6 " W A T E R SE R V I C E ST ST ST ST ST ST ST ST ST ST TC = 8 2 7 . 2 8 EP = 8 2 6 . 7 8 TC = 8 2 7 . 2 8 EP = 8 2 6 . 7 8 TC = 8 2 7 . 1 7 EP = 8 2 6 . 6 7 TC = 8 2 7 . 1 7 EP = 8 2 6 . 6 7 TC = 8 2 7 . 3 0 EP = 8 2 6 . 7 0 BW = 8 2 7 . 5 0 TC = 8 2 7 . 4 1 EP = 8 2 6 . 9 1 TC = 8 2 7 . 2 7 EP = 8 2 6 . 7 7 82 6 . 5 9 82 6 . 4 7 TC = 8 2 7 . 0 7 EP = 8 2 6 . 5 7 BW = 8 2 7 . 2 7 TC = 8 2 6 . 5 0 EP = 8 2 6 . 0 0 TC = 8 2 6 . 8 0 EP = 8 2 6 . 2 0 TC = 8 2 6 . 5 1 EP = 8 2 6 . 5 1 82 6 . 4 6 TC = 8 2 7 . 3 0 EP = 8 2 6 . 8 0 TC = 8 2 7 . 1 1 EP = 8 2 6 . 6 1 TC = 8 2 6 . 3 8 EP = 8 2 5 . 8 8 TC = 8 2 7 . 1 3 EP = 8 2 6 . 6 3 TC = 8 2 7 . 1 7 EP = 8 2 6 . 6 7 TC = 8 2 7 . 3 0 EP = 8 2 6 . 7 0 TC = 8 2 7 . 0 1 EP = 8 2 6 . 5 1 EP = 8 2 6 . 5 1 TC = 8 2 6 . 9 8 EP = 8 2 6 . 4 8 FF E = 8 2 9 . 1 2 ML A G = 8 2 7 . 7 0 MF P G = 8 2 8 . 6 2 M. E . 6" C . O . W / Y D I N L E T RI M = 8 2 8 . 5 0 IN V = 8 2 7 . 2 0 6" C . O . W / Y D I N L E T RI M = 8 3 0 . 0 0 IN V = 8 2 7 . 4 0 65 L F O F 4 " S L E E V E D SS D @ 0 . 3 0 % 65 L F 0 F 4 " S L E E V E D SS D @ 0 . 9 0 % ME @ 8 2 9 . 0 0 6" C . O . W / Y D I N L E T RI M = 8 2 8 . 4 0 IN V = 8 2 7 . 6 0 82 9 . 0 8 EP = 8 3 0 . 3 4 EP = 8 3 0 . 3 4 90 L F O F 4 " S L E E V E D S S D @ 1 . 1 0 % 82 7 . 7 0 82 7 . 5 0 M. E . 8 3 0 . 3 4 ± W W W W W W FD C ST ST STSTSTST ST ST ST ST ST ST ST ST ST ST ST W W W W W E E E E E E E E E ESMTESMTESMTESMTESMT E E E E E E E E E 0+ 0 0 1+ 0 0 1+92.44 BP: 0+00.00 PI: 1+77.15 EP : 1 + 9 2 . 4 4 0+ 0 0 1+ 0 0 1+92.44 17 4 L F O F 1 2 " R C P @ 1 . 0 0 % 82 9 . 0 8 82 9 . 0 8 MO N U M E N T SI G N TC = 8 2 6 . 9 0 EP = 8 2 6 . 4 0 BW = 8 2 7 . 1 0 ST ST ST ST STSTSTST STSTSTSTSTSTSTSTST 6" C . O . RI M = 8 2 6 . 0 0 IN V = 8 2 5 . 1 0 13 0 L F O F 4 " S L E E V E D SS D @ 0 . 5 4 % 10 L F O F 4 " S L E E V E D SS D @ 1 . 0 0 % 30 L F 0 F 4 " S L E E V E D SS D @ 0 . 3 0 % 30 L F 0 F 4 " S L E E V E D SS D @ 0 . 3 0 % 35 L F 0 F 4 " S L E E V E D SS D @ 0 . 3 0 % 82 7 . 9 0 82 7 . 9 0 82 5 . 9 0 82 5 . 9 0 82 5 . 7 0 82 5 . 5 0 82 5 . 3 0 82 5 . 1 0 DWG: DATE: CHK: FB: FIELD WORK: PART OF THE NE QUARTER OF SECTION 25, TOWNSHIP 18 NORTH, RANGE 3 EAST CLAY TOWNSHIP HAMILTON COUNTY, INDIANA CE R T I F I E D B Y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D A T E : 12 / 2 0 / 2 0 2 2 JA M E S D . H A L L , L S 2 0 5 0 0 0 1 7 21 - 0 0 8 5O F 1 0 12/20/2022 --- 10/01/2019 JDH JDH Copyright ©by J D Hall Land Surveying, 2021 OFFICE: 803 S. Ohio Street Sheridan, In. 46069 Ph. 317-696-3594 ALANDSURVEYOR@ YAHOO.COM A VETERAN OWNED SMALL BUSINESS MA T R I A R C H C E N T E R PA R T O F T H E N E 1 / 4 , S E C T I O N 2 5 , T O W N S H I P 1 8 N O R T H , R A N G E 3 EA S T , C L A Y T O W N S H I P , H A M I L T O N C O U N T Y , I N D I A N A PA R C E L N O : 1 6 - 0 9 - 2 5 - 0 8 - 0 3 - 0 0 3 . 0 0 0 AD D R E S S : 5 2 0 N . R A N G E L I N E R D . GR A D I N G & D R A I N A G E P L A N Page 1 of 1 William A. Cash January 4th, 2024 212 Redwood Circle Noblesville, IN 46062 Alex Jordan City of Carmel One Civic Square Carmel, IN 46032 RE: Docket No. PZ-2023-00096 PP/SP Docket No. PZ-2023-00065 V Robbins Subdivision 11400 Westfield Boulevard Carmel, IN 46032 Dear Mr. Jordan: Section 102.05.iii (a) of the current City of Carmel Stormwater Technical Standards Manual states that the submitted drainage design include a ”Post-developed watershed map including off-site drainage areas that need to be accommodated, including the fully developed right-of-way per the City of Carmel 20-year Thoroughfare Plan.” Please know that the project site and the Westfield Boulevard west half right-of-way both drain to the same roadside drainage swale which drains south along the west side of Westfield Boulevard. It’s not practical to drain the right-of-way through the roadside swale onto the subject site and “accommodate” the runoff from the public right-of-way. Accommodating the right-of-way drainage would impose an unnecessary hardship on the developer. The project drainage design does accommodate the developer’s stormwater and there are no local adverse drainage impacts anticipated following construction of the proposed stormwater management system. We’re respectfully requesting a variance of technical standards as described by Section 105.05.iii (a) and ask that the City Engineer’s Office accept the proposed drainage design as submitted. There are no plans to “accommodate” the public right-of-way drainage with this project. Should you have any questions or request additional information pertaining to this project, please contact me at 317-490-4036. ________________________ William A. Cash WZ  > / D / E  Z z  Ͳ  E K d  & K Z   K E ^ d Z h  d / K E Cross Reference to Deed: 2023045350 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the Bridges Land JV LLC (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to perform mass grading on the Real Estate and, in connection with the construction, development and operation of the private storm sewer , the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibits “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ Sue Finkam, Mayor Date: __________ ________________________________________ Laura Campbell, Member Date: ____________ ________________________________________ Alan Potasnik, Member Date: ____________ ATTEST: ________________________________________ Jacob Quinn, Clerk Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Finkam, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Laura Campbell, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Alan Potasnik, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jacob Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Sergey Grechukhin Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 EXHIBIT 'A'- 1of 2 LEGAL DESCRIPTION BMP & Stormwater Easement – 0.056 acres A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the 2nd Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Half Quarter Section; thence South 88 degrees 57 minutes 32 seconds West 310.02 feet along the south line of said Northwest Quarter; thence North 01 degree 02 minutes 28 seconds West 50.00 feet to a southeasterly corner of that 3.504 acre parcel of land described in the Limited Warranty Deed recorded as Instrument Number 2023045349; thence along the southern and westerly boundaries of said 3.504 acre parcel the following three (3) courses: 1) South 88 degrees 57 minutes 32 seconds West 230.41 feet; 2) North 01 degree 02 minutes 28 seconds West 54.36 feet; 3) thence Northwesterly 164.64 feet along a tangent curve to the left having a radius of 262.50 feet and subtended by a long chord having a bearing of North 19 degrees 00 minutes 35 seconds West and a length of 161.96 feet to the southwest corner of that 2.047 acre parcel of land described in the Limited Warranty Deed recorded as Instrument Number 2023045350; thence along the southern boundary of said 2.047 acre parcel the following three (3) courses: 1) North 51 degrees 36 minutes 17 seconds East 23.40 feet; 2) Northeasterly 20.13 feet along a tangent curve to the right having a radius of 30.00 feet and subtended by a long chord having a bearing of North 70 degrees 49 minutes 53 seconds East and a length of 19.76 feet; 3) South 89 degrees 56 minutes 30 seconds East 66.98 feet to the POINT OF BEGINNING of this description; thence North 00 degrees 00 minutes 00 seconds East 34.72 feet; thence North 90 degrees 00 minutes 00 seconds East 70.01 feet to the east line of said 2.047 acre parcel; thence South 00 degrees 03 minutes 30 seconds West 34.79 feet along the east line of said 2.047 acre parcel to the southeast corner thereof; thence North 89 degrees 56 minutes 30 seconds West 69.97 feet along the south line of said 2.047 acre parcel to the POINT OF BEGINNING, containing 0.056 acres, more or less. PL O T D A T E : 1/ 1 6 / 2 0 2 4 1 2 : 0 5 P M PL O T S C A L E : 1 : 1 . 0 0 0 1 E D I T D A T E : 1 / 1 6 / 2 0 2 4 E D I T E D B Y : T C O M S T O C K D R A W I N G F I L E : P : \ 2 0 2 3 \ 0 0 7 9 7 \ D . D r a w i n g s \ S u r v e y \ E x h i b i t s \ 2 0 2 3 0 0 7 9 7 . S V . 2 0 2 4 - 0 1 - 1 5 . E X H . B M P D r a i n a g e 0 . 0 5 6 A C . d w g CARMEL MIDWEST EYE INSTITUTE AT THE BRIDGES BMP & STORMWATER EASEMENT 0.056± ACRES SHEET 1 of 1 Scale: Drawn By: Checked By: Date: Job No.: 1" = 60' TMC TLM 01/15/2023 2023.00797 9025 River Road, Suite 200 | Indianapolis, Indiana 46240 TEL 317.547.5580 | FAX 317.543.0270www.structurepoint.com 0 30'60' SCALE: 1"=60' EXHIBIT 'A'-2 OF 2 Cross Reference to Deed: 2023045349 GRANT OF PERPETUAL STORM WATER QUALITY MANAGEMENT EASEMENT This easement (the “Easement”) is by and between the CCI MEI Bridges, LLC (the "Grantor") and the City of Carmel, Indiana (the “City”), by and through its Board of Public Works & Safety (the “Grantee”) and shall have as its effective date the later of the date on which Grantor executes this Easement or the date on which Grantee executes this easement; WITNESSETH THAT: WHEREAS, Grantor is the owner of the real estate conveyed by the deed identified in the cross reference above (the “Real Estate”); WHEREAS, Grantor intends to build a multistory medical office building and associated infrastructure on the Real Estate and, in connection with the construction, development and operation of the private storm sewer , the City has approved or will approve a Storm Water Management Permit (the “Permit”); and, WHEREAS, the City requires this Easement in order to verify and require compliance with the terms and conditions of the Permit and all ordinances of the City applicable to storm water drainage and storm water quality management (collectively the “Ordinances”). NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants to the Grantee a non-exclusive, perpetual easement on the terms and conditions that follow: Section 1. Easement Area. The portion of Real Estate on, under and through which this Easement exists is legally described and graphically depicted in what is attached hereto and incorporated herein by reference as Exhibits “A” in two parts (the “Easement Area”). Section 2. Storm Water Quality System. Located or to be located within the Easement Area, in the manner and areas specified in the Permit, is certain drainage and storm water quality infrastructure, which may include, without limitation, pervious pavement, manholes, infiltration basins, pipes, and structural and non-structural best management practices (collectively the “Storm Water Quality System”) to be constructed, installed and maintained by Grantor, at Grantor’s expense, in accordance with the Permit and the Ordinances. Section 3. Purpose of Easement. Grantee shall be and hereby is permitted at all times to enter upon the Easement Area for purposes of (i) accessing, inspecting, examining, monitoring, testing and sampling the Storm Water Quality System, and (ii) identifying and verifying compliance with the requirements of the Permit and the Ordinances. Section 4. Maintenance and Repair. It shall be Grantor’s obligation to maintain in proper working order and to repair and/or replace the Storm Water Quality System, or parts thereof, such that (i) the effectiveness and performance of the Storm Water Quality System is not diminished from the capabilities set forth in the Permit and (ii) the Storm Water Quality System remains in compliance with the Permit and the Ordinances. Section 5. Failure of Storm Water Quality System. In the event that the condition of the Storm Water Quality System or the outflow therefrom violates or fails to comply with the requirements set forth in the Permit and/or any of the Ordinances, Grantee shall have the right, but not the obligation, after providing reasonable notice to Grantor, to perform, at Grantor’s expense, such maintenance, repair, modification and/or replacement of the Storm Water Quality System as is necessary to restore compliance with the requirements set forth in the Permit and/or the Ordinances; provided, however, that the performance by Grantee of any such maintenance, repair, modification and/or replacement of the Storm Water Quality System shall under no circumstances relieve Grantor of its responsibility to maintain and operate the Storm Water Quality System, which responsibility shall be continuous and ongoing. Section 6. Reimbursement of Expenses and Enforcement. Grantor shall reimburse Grantee for costs and expenses incurred by Grantee in the performance of the maintenance, repairs, modifications and/or replacements specified in Section 5 above and, in the event of litigation to recover such expenses, the prevailing party shall be entitled to recover reasonable attorney’s fees. Section 7. Character of Easement. This Easement shall be perpetual and, further, shall inure to the benefit of and be binding upon the parties’ respective successors and assigns. Section 8. Use by Grantor and Other Easements. Grantor shall be permitted to use the Easement Area and also to grant other easements within the Easement Area for any purposes which do not impair the Storm Water Quality System and which are not inconsistent or conflicting with this Easement and the Grantee’s rights under this Easement. Section 9. Amendment. This Easement may be amended only by a written instrument signed (i) by then owner of the Real Estate and Board of Public Works & Safety of Carmel, Indiana or its successor or (ii) by an order of a court of competent jurisdiction. In the event that the Real Estate is later redeveloped and, as such, the site plan made the subject of the Permit is revised, then the Grantee and then the owner of the Real Estate shall amend this Easement to reconfigure the Easement Area, accordingly, so that Easement Area is adjusted to and does not conflict with such revised site plan. CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY ________________________________________ Sue Finkam, Mayor Date: __________ ________________________________________ Laura Campbell, Member Date: ____________ ________________________________________ Alan Potasnik, Member Date: ____________ ATTEST: ________________________________________ Jacob Quinn, Clerk Date: ____________ STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Sue Finkam, a member of the City of Carmel, Indiana Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel, Indiana Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Laura Campbell, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Alan Potasnik, a member of the City of Carmel, Board of Public Works & Safety and acknowledged execution of the foregoing Easement for and on behalf of City of Carmel Board of Public Works & Safety. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Jacob Quinn, the Clerk of the City of Carmel, Indiana and acknowledged execution of the foregoing Easement as the Clerk of the City of Carmel, Indiana. Witness my hand and Notarial Seal this _________ day of ___________________, 20__. My Commission Expires: ____________________________________ _____________________ Notary Public Residing in _______________County ____________________________________ Printed Name Pursuant to IC 36-2-11-15(b)(2), I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law – Sergey Grechukhin Prepared by: Sergey Grechukhin, Transactions Chief, One Civic Square, Carmel, IN 46032 Return to: Jeremy Kashman, P.E., City Engineer, One Civic Square, Carmel, IN 46032 EXHIBIT 'A'-1 OF 2 LEGAL DESCRIPTION BMP & Stormwater Easement – 0.627 acres A part of the West Half of the Northwest Quarter of Section 2, Township 17 North, Range 3 East of the 2nd Principal Meridian, Hamilton County, Indiana, more particularly described as follows: Commencing at the southeast corner of said Half Quarter Section; thence South 88 degrees 57 minutes 32 seconds West 310.02 feet along the south line of said Northwest Quarter; thence North 01 degree 02 minutes 28 seconds West 50.00 feet to a southeasterly corner of that 3.504 acre parcel of land described in the Limited Warranty Deed recorded as Instrument Number 2023045349; thence North 49 degrees 41 minutes 06 seconds East 6.28 feet along a southeast line of said parcel; thence North 29 degrees 14 minutes 04 seconds West 34.79 feet; thence North 00 degrees 04 minutes 03 seconds East 19.53 feet to the POINT OF BEGINNING; thence North 06 degrees 19 minutes 16 seconds West 42.00 feet; thence North 90 degrees 00 minutes 00 seconds West 163.32 feet; thence North 00 degrees 00 minutes 00 seconds East 128.55 feet to the south line of that 2.047 acre parcel of land described in the Limited Warranty Deed recorded as Instrument Number 2023045350; the following two (2) courses are along the south and east lines of said 2.047 acre parcel:, 1) South 89 degrees 56 minutes 30 seconds East 69.97 feet; 2) North 00 degrees 03 minutes 30 seconds East 34.79 feet; thence North 90 degrees 00 minutes 00 seconds East 12.70 feet; thence South 00 degrees 55 minutes 24 seconds West 13.03 feet; thence North 89 degrees 56 minutes 39 seconds East 86.00 feet; thence North 90 degrees 00 minutes 00 seconds East 21.39 feet; thence South 00 degrees 00 minutes 00 seconds East 68.38 feet; thence North 90 degrees 00 minutes 00 seconds West 6.39 feet; thence South 00 degrees 00 minutes 00 seconds East 82.33 feet; thence South 06 degrees 19 minutes 16 seconds East 25.91 feet; thence South 49 degrees 41 minutes 06 seconds West 24.12 feet to the POINT OF BEGINNING, containing 0.627 acres, more or less. PL O T D A T E : 1/ 1 6 / 2 0 2 4 1 : 0 0 P M PL O T S C A L E : 1 : 1 . 0 0 0 1 E D I T D A T E : 1 / 1 6 / 2 0 2 4 E D I T E D B Y : T C O M S T O C K D R A W I N G F I L E : P : \ 2 0 2 3 \ 0 0 7 9 7 \ D . D r a w i n g s \ S u r v e y \ E x h i b i t s \ 2 0 2 3 0 0 7 9 7 . S V . 2 0 2 4 - 0 1 - 1 5 . E X H . B M P D r a i n a g e 0 . 6 2 7 A C . d w g CARMEL MIDWEST EYE INSTITUTE AT THE BRIDGES BMP & STORMWATER EASEMENT 0.627± ACRES SHEET 1 of 1 Scale: Drawn By: Checked By: Date: Job No.: 1" = 50' TMC TLM 01/15/2023 2023.00797 9025 River Road, Suite 200 | Indianapolis, Indiana 46240 TEL 317.547.5580 | FAX 317.543.0270www.structurepoint.com 0 25'50' SCALE: 1"=50' EXHIBIT 'A'-2 OF 2