189313 08/31/2010 CITY OF CARMEL, INDIANA VENDOR: 00350601 Page 1 of 1
s ONE CIVIC SQUARE DUNCAN VIDEO INC CHECK AMOUNT: $936.00
CARMEL, INDIANA 46032 702 ADAMS
CARMEL IN 46032 CHECK NUMBER: 189313
CHECK DATE: 8131/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1096 4350000 74622 936.00 EQUIPMENT REPAIRS M
duncan video, inc.
702 adams street
J carmel'indiana 46032 07/21/10
uuM INVOICE DATE 74622
telephone 317 -815 -6300
fax 317- 815 -6310
800 538 -2800 PAGE 1
CARMEL CLAY PARKS RECREATION CARMEL CLAY PARKS RECREATION
S. THE MONON CENTER /L WILLIARD H THE MONON CENTER /L WILLIARD
D 1235 CENTRAL PARK DRIVE EAST P 1235 CENTRAL PARK DRIVE EAST
T CARMEL, IN 46032 T CARMEL, IN 46032
0 0
CUSTOMER NO. 0 P.O. NO RD< R NO. k� SHIP VIA TYPE, SALESMAN NO.
12410 23746 75157 UPS -PP &A STOCK 17R
OTy: ORD: OT`'. SHP: `.'DESCRIP IQiV PRICE TOTALAMOUNT
3 3 WH30TQG, SHURE CARDIOID HEADWORN 99.00 297.00
C ONDENSER MICROPHONE WITH SHOCK
M OUNT AND 4' CABLE. TERMINTAED
O 4 —PIN CONNECTOR.
3 3 LX1 —J1, SHURE BODYPACK TRANSMITTER 199.00 597.00
ITH MINIATURE 4 —PIN CONNECTOR.
J1— TUNEABLE FREQUENCY RANGE (MHz)
(36 MHz) 554 -590 TUNEABLE FREQ
RANGE (U.S. UHF T.V. CHANNEL)
28 -33.
1 1 RK183WS,SHURE WINDSCREENS,4 PACK 17.00 17.00
SHIP /HAN 25.00
A LL RETURNS MUST BE ACCOMPANIED
BY A RETURN AUTHORIZATION NUMBER.
A LL RETURNS ARE SUBJECT TO A 300
RESTOCKING CHARGE.
HANK YOU FOR YOUR ORDER
E APPRECIATE YOUR BUSINESS!!! F
i
AEG 0
PA► 23 ►+b P
&.0 IOgfv.2t. `h350006
p� LW.,rl� �•.2 .IQ
App in
Please Remit To: Duncan Video, Inc. SUBTOTAL 936.00
NET 30 DAYS 702 Adams Street TAX 0.00
Carmel, IN 46032 FREIGHT 0.00
INVOICE 74622 936.00
TOTAL
A Service charge of 2% per month will be added to Past Due Accounts. Purchaser shall pay costs of collection including attorney's fees and court
cost. Purchaser has read and agrees to all terms on the reverse side of this document, which supercede any other agreement of the parties.
TERMS AND CONDITIONS
ARTICLE 1.0 CERTIFICATION: Purchaser certifies that it will purchase Products only as a bonafide end
user, for its own witeinai use, and except for used Product& will not resell same, unless otherwise provided
in this Agreement the other notice thereof promptly after It becomes known to that party. If any of these acts or events of force
majeure exceed sixty (fl continuous or cumulative rays, then eifher party may, as its sole remedy, cancel
ARTICLE 2.0 PREVAILING TERMS AND CONDITIONS: Except in the event of Duncan Video, Inc. this Agreement to the extent not previi fui@i'setl by giving the other nodes, and neither party will bo liable
financing of the Products hereunder, the terms and conditions of this Agreement, and the terms and to the other fordamlil resulting from that cancellation.
condiiiinns coma €nett In any Appendices to this Agreement, together form the entire agreement between the
panes, Any terms or conditions doritained in any Company purchase order, request for quotation, ARTICLE 14.0 LIMITED WARRANTY: The waranty cards enclosed with Pruducts state Duncan Vdco,
acceptance cr other purchasing documents concerning Products which are Inconsistent with, different train Ina's limited warranty to Purchaser appficaole to those Products. It Products are riO accompemed by
or in addition to ttte terms and sanditions of this Agreement are word. warranty cards, Duncan Video. inc.'s then current warranty applicable to those Products w -11 apply_ Uri
a separri service agreement has been entered into between- the parties, all repairs le or rouiaceat,ar,ts of
ARTICLE 3.0 APPROVAL OF ORDERS; This Atpeement and all Company purchase orders for Products Products after the expiration of the applicable warranty neriod wul be Purchaser's reeponsibil €W.
tinder this Agreement a,e subject to acceptance by Duncan Video, Inc.. inClucilng, if appropria €e. approval
by Duman Video, lnc,`s Credit Deparbnertl. Upon notce by Duncan Video, Inc., Purchasei will furnish EXCEPT FOR THE FOREGOING WARRANTIES, Duncan Video, Inc. HEREBY DISCLAIMS AND
Duncan, Video. Inc. such financial informal ion as Duncan Video. Inc. may reasonably request for this EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IPAPL1ED, INCLUDING, BUT NOT LIMITEO TO.
appro -4. Duncan Video, Inc. may, in its sole discretion, cancel this Agreement at any time or delay THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
stIlprneni of P10dncl5 if Purchaser fails to ;noel credit requirerr.ents established by Duncan Video, Inc. ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN
SECTION 2 -312 (3) OF THE UNIFORM COMMERCIAL CODE All IN ANY OTHER COMPARABLE
Purchaser authorlr_es Duncan Vltiao, Inc_ to file financing statemonts, signed only by Duncan Video, Inc., STATE STATUTE RESPECTING PRODUCTS IS EXPRESSLY EXCLUDED. DUNCAN VIDEO, INC.
which Duncan Video. Inc- deems necessary to cstabllstt or inainfain a security interest in the Equipment HEREBY DISCLAIMS ANY REPRESENTATON OR WARRANTY THAT PRODUCTS ARE COMPATIBLE
listed or this invoice. WITH ANY COMBINATION OF NON- DUNCAN VIDEO- INC. PRODUCTS Purchaser MAY CHOOSE TO
CONNECT TO PRODUCTS.
ARTICLE 4.0 PRODUCTS: Products covered by this Agrei irt, and the quanh ios thereof, are only
these specifically identified in mis Agreement. Products may be added to this Agreement only by the parties' ARTICLE 15,0 LIMITATION OF LIABILITY: THE LIABILITY OF DUNCAN VIDEO, INC., IF ANY, AND
agreement in writing. Duncan Video. Inc. may make changes to Products that do not adversely affect their Purchaser's SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KINO
form, of or function rylhuut the prior approval of or notlEcetion to Purchaser. Duncan Video. Inc, will give WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, WILL NOT BE
Purchaser prior notice if Duncan Video, Inc. makes changes to Products that affect their form, It or function GREATER THAN THE ACTUAL PURCHASE PRICE OF THOSE PRODUCTS WITH RESPECT TO WHICH
or 0iscoobnr ies any Products prior to fultiflinent hereunder In such event, Dunran Video, Ina. will use SUCH CLAIM IS MADE. UNDER NO CIRCUMSTANCES WILL DUNCAN VIDEO. INC. BE LIABLE TO
reasonable c"Oes to tint e, subsihole product acceptable to Purchaser, In Purchasers sole discretion, but, Purchaser FOR ANY SPECIAL. INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATIVE
falling that, then either party may cancel any Company purchase order for Products to the extent not TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COMPENSATION,
previously fulfifed by giving the oiher notice, and neither party will be I €able to the other for damages REIMBURSEMENT OR LOSS OF PRESENT OR PROSPECTIVE PROFITS. EXPENDITURES,
resitting from. teatcancallal':on. INVESTMENTS OR COMMITMENTS, WHETHER MADE. IN THE ESTABLISHMENT, DEVELOPMENT OR
MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, COST OF CAPITAL, OR FOR ANY
ARTICLE 5.0 PRICES AND PAYMENT: Purchaser will pay Duncan Video. Inc. those prices indicated 'n OTHER REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO THE CLAIMS OF ANY THIRD
this Agreement for Products. Unless otnerwise provided, Duncan Video, Inc. may change prices for any PARTY. This limitation of liability will in no way affect Purchaser's right to seek appropriate relief
Prococts, whose est :mated delivery date indicated in this Agreemenl is more than sixty (60) days after the at law arising from or incident to any death, personal Injury or property damage which is in any way
date hereof, by giving Purchaser prior notice, If because of any price increase. Purchaser does not wish connected to Duncan Video. Ine,'s negligence, willful misconduct or strict liability in tort with
iii purchase Products previously ordered, then Purchaser may, as its sole remedy, cancel this Agreement respect to Products and their use.
to the exler;t not prwie.rs!y fulfilled by giving Duncan Video, Inc. notice within ten (10) days of that notice.
unless otherwise provided in this Agreement, Purohaser must pay for Products in full within thirty (30) days ARTICLE 16.0 DEFAULTS: It Purchaser is in riefauft of ,zty of the terms or Cenc itons of this Agreement
of iheir invoicetiote. Purchaser may rte; make deductions or offsets of any kind from payments duo Duncan or any ether agreement with Duncan Video, Inc., Duncan Video, Inc. may suspend father peilormanco
V ideo, lb,-. unless Purchaser has received a :wrltten credit memorandum from Duncan V dec, Inc. under this Agreement.
authon?inc that dedliction or offset,
ARTICLE 17.0 TRADEMARKS: Purchaser acknow €edges the validity of Duncan Video. Inc.'s tradenames
ARTICLE 6.D TRANSPORTATION COSTS: Unless otfietwise provided in this Agreement, the prices for and trademarks appearing on Products, and Purchaser will have no right to or inteest in any trademarks
Products indicated in this Agreement exclude all transportation costs, Including. but not limited to, freight, or iradenames owned, used or claimed now or in fie future by Duncan Video, Inc.
insurance, :and special rondling and packaging, and Duncan Vkco, Inc. will prepay these costs tend invoice
then= to Pu(chaser. ARTICLE 18.0 NOTICES: Any notice given under this Agreement wiii be deemed to be sufficiently given
when sent in waiting by certified or registered malt or by facsimile or other rapid farm of transmission wheal
ARTICLE 7.0 TAXES: The prices ter Products indicated in this Agreement exclude all taxes, including, receipt is acknowledged to the parties at their respective addresses set forth hereon or as those addresses
hr.it. not United lo, sales nxGSa or use saxes Purctiaser shall pay all sales use, ad valorem, excise andror may be suBsequently changed by gwinq notica 1 ne date of ciadtng or ans.niss or, of any roue hereunrlra�
enV ether faxes I'riposed On either parry by vlrille oP this Agreement, except for taxes Gaged an Durica €1 will be drained the dale on which that notice has Leon given
Video, Inc: s per inc erne. Duncan Video, Inc_ will invoice Purchaser for any of these taxes Duncan Video, Inc_
is legally obl:gated to Collect from Purchaser. ARTICLE 19.0 EXPORT: Purchaser will not export any Products or relatod ±ethnology or software in
violation of applicable U.S. laws and regulations. Purchaser will be responsible for obiaming any fegl
ARTICLE 8.0 ADJUSTMENTS: if the prices for Products indicated ire this Agreement are prices which export licenses for Products.
have Seen reduced, either based: (a) on Purchasers representation that Company would purchase certain
minimum quantities of Products and Purchaser falls to purchase those minimums: or, IN on Purchaser's ARTICLE 20.0 ASSIGNMENT: Purchaser may not assign any of its rights or delegate any of its duties
representation that Purchaser was purchasing Products for its own use and not for resale but Purchaser or obligations under this Agreement wilhaut Duncan Video, prior winter; consent, which consent wiii
wells same, then, !n addition IQ any other remedies available to Duncan Video, Inc. under this Agreement not be unreasonahly delayed or withheld. Any assignment or delegation Izereof by Purchaser without
or alo:.ed by law for that defauf Duncan Video, Inc. may retroactively increase those prices to make them Duncan Video, Int.'s consent will boa deemed void.
squat 10 those prevailing for the quantities of Products actually purchased by Cornpany a €rd /or for the
appropriate resale class of trade, and Duncan Videe, Inc. will invoice Purchaser for any resulting increase ARTICLE 21,0 WAIVER: -Tithe party's waiver of the others default in its obllgallons under any term or
In prices. condition of this Agreement will not in any way limit or affect that party's right to enforce and compel strict
compliance tivith that lean or ewidltion at acv olf time or wffh any other term or condition.
ARTICLE 9.0 FINANCE CHARGEICOSTS OF COLLECTION: It Purchaser fails to pay Duncan Video 1OWL
Inc, for P onueis when due, then in addition o any ether remedies available to Duncan Video Inc.. under ARTICLE 22.11 REMEDIES: Each s 1F �jj* reedy accorded either party under this Agreement
this ngreor,iep, or elio:ned by raw or thus dafapl!, Purrnasar wit pay Demean Video, Inc art addlti„, i Ff us and re:2ted aacdrde Thal party hereunJor or
monthly firarl charge equal to the lesser of: (a) IViO percent (2 -o i or, (b) the maximum month Ift gallowed_ b_v law therefor
�q
i .serest ativ allowed by law, on any amounts past due, chargeable dubng each month that payment remains
oulsiandrig and Duncan Video Inc: s reasonable expenses of collection, including but not hunted to, ARTICLE 23.0 INVALIDQrY,:'Il.,any lerm,or ®®nc ®®th�yy, of this Agreerr:ael is field invalid or un :fo cQabie
attorne,'s an k expert's fees and court costs. d`e€ft+t;P[�'vill be constrkind and enfo.tiod to Ice graUt�s, exient
nos,ib[a and the validity ohihe remaining tern tmhic%a ditions will not be affecled thereby.
ARTICLE 10.0 DELIVERY All delivery dales for Products iridicaied in this Agreement ere esfime ,s �f
given for refeenro only and Duncan Video, Inc. riff use reasonable efforts to meet them. Purchaser wn rr� yr v: nls Agreement will be cortstrucd and entcrcad in acccrdanca with
nol be excused from its obligation to pay for Products when finally delivered or from any of its other if of lherSfat? of Indiana, withou g its confircts of grew prriciples, proper Venue for ail
dSligatio=is hereumde. However, if puritan Video, tic, delays delivery of Products by more Yrian sixty eons a r,i, 'e F7arnitfori Gounty, htcrana
days after the estirrn:.ed delivery date. Purchaser may, as its sole remedy, cancel any buichase cyder R lgv-m
for Prot,rct, to the extent not previously fulfilled by glving Duncan Video, Inc- notice within ten (10) day., RT1CL u. r Z r e apse Agra rnent enclasod in file rriurna• factory vackag :ng for
and ne €thee party wall be table to the other for damages resubing from that cancellation. Products will state these additional terms and cou=3fiiorts of any liceo.e granted ro Purchaser ap Iii ±o
those Products_ to all other cases, any sofware L;rnisherl by f)i,mcan VICloo. Inc ureic, tars Agree pen! �s
ARTICLE 11.0 METHODS AND POINT OF DELIVERY: Unless otherwise provided in this Agreement, done so on a iron ,ransferable sense to•use basis :nil all rig's_, file and interest therein is ann will re-•riarn
Duncan Video. Inc will choose -he carr:erfor shipping Products, and ail s'nipmenis of Products to Purchaser vested exclusively in Duncan Video, Inc. or its I:cersors Purchaser will ne[ c +ecorrpile drsasemhie, a
well ha from P.0.9. Duncan Video. Inc. otherwise derive the sowco code of any so ;tware furnished by Duncan Viaeo, Inc. nor will Puchaser make
any copies of such software, except that Purohaser may rnai e one (1) copy c? each such sofie.are Product
ARTICLE 12.0 RISK OF LOSS: Pisk of loss of ar damages to any Products will pass to Purchaser upon ?oi backup purposes only, Dunran Video, Inc, mil retain dr destroy all co; les o r of ware u �essatic�i
Duncan Video. Inc.`s delivery of €heir, to a commercial carrier. All claims for damage to or loss of Products of related Product usage. Ali software furnishes by Duncan Video, Inc, is in be tens :.demo confidil
must be made by Purchaser directly to the oatrior of the Insurance company (as may be the case). Information and will he held by Purchaser in strict confidence and disclosed on a need -to -Know basis to only
those of its employees who have agreed in writing io rcaintaln the confidentiality of Purchaser provided lit4 d
ARTICLE 13.0 FORCE MAJEURE: Each parry will be excused from any default in its obligations under party confidential information.
tits Agreement, other than the payment of money due, resiulting from any act or event beyond its reasonable
control or respcnsibilit,y, including, but not limited to, ants of God, accident. fire_ flood, storm, riot. war, ARTICLE '26.0 ENTIRE AGREEMENT: This Agreement and any Appendfcos this Agreemenl
sabeta v, explosion. strike, lockout, labor di,tabance, national defense requirement governmental action. ..r,,e sack. terinInate ze,_I nIhi' nsn said an" ard a rr,na srtl mrr and;or ona: ar,)rocr.enfs between the
law ard'ti rule or regulation., whether valid or invilid, Inability to obtain cr c-urtailment at aleafncihr or parties with respect to Picdvci- 'feria Pre, no .r✓a rai: e r prssawat ons. or rf ,rstandings of any kind
ether Iyu of energy, taw matenai, label, component products or transportation, failure of normal sources or descript On whatsoever mach by sillier pane to the othc cx'.e;t:t as arc expressly set forth herein.
of su{ ply, er any slit lay or different contingency when would make performance or timely performance This Agreement may he modified only av a written ies ,intent silt r e, [I •loth padres making specihc
com!neicially impracticahie. The party ielyipg on any o these acts or events of force majoure must give reference hereto.
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice of bill to be properly itemized must show; kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Duncan Video, Inc. Terms
702 Adams Street
Carmel, IN 46032
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) PO Amount
7121/10 74622 Headsets Packs 23746 936.00
Total 936.00
1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6
2 0_
Clerk Treasurer
Voucher No. Warrant No.
Duncan Video, Inc. Allowed 20
702 Adams Street
Carmel, IN 46032
In Sum of
44
936.00
ON ACCOUNT OF APPROPRIATION FOR
109 Monon Center
PO# or INVOICE NO. ACCT #rrITLE AMOUNT Board Members
Dept
1096 -21 74622 4350000 936.00 E hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
26 -Aug 2010
Signature
936.00 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund
r