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HomeMy WebLinkAbout161777 07/23/2008 CITY OF CARMEL, INDIANA VENDOR: 359100 Page 1 of 1 ONE CIVIC SQUARE COMMWORLD OF INDIANAPOLIS CHECK AMOUNT: $1,066.37 CARMEL, INDIANA 46032 50 SOUTH PARK BLVD GREENWOOD IN 46143 CHECK NUMBER: 161777 CHECK DATE: 7/23/2008 DEPA ACCOUNT P O NUMBER INVOICE NUMBE AMOU DESCRIPT 651 5023990 20080772 128.75 OTHER EXPENSES X651 5023990 20080787 937.62 OTHER EXPENSES American Voice Data, Inc. dba COMMWORLD COMMWORLD OF INDIANAPOLIS South Park Blvd. n o e Greenwood. IN 46143 Invoice 1. 317 -889 -75931 Fax 317- 889 -7777 Date: July 1, 2008 Invoice: Number: 20080772 Bill To: Site Location: TERESA LEWIS ED WOLFE TERESA LEWIS CITY OF CARMEL- WASTEWATER UTILITIES CITY OF CARMEL- WASTEWATER UTILITIES 9609 HAZEL DELL PARKWAY 9609 HAZEL DELL PARKWAY INDIANAPOLIS IN 46280 CARMEL IN 46280 Order# Technician PO Number Phone Number 20080840 Douglas Gann ACCOUNTS PAYABLE (317) 571 -2634 Services Performed: DOUG REMOVED LINE 5 FROM ALL EXTENSIONS EXCEPT 210 PER TERRY TO SEE IF PHONES WILL STOP COMING ON BY THEMSELVES. IF THIS DOESN'T WORK WE MAY NEED TO SWAP CO CARDS. Qty Item Number Item Description Unit Price TOTAL Materials: $0.00 Labor: $93.75 Service Call Chg.: $35.00 Other $0.00 Sales Tax: $0.00 Subtotal: $128.75 INVOICE DUE ON RECEIPT Deposit: $0.00 f otal Amt Due: $128.75 SECURITY AGREEMENT I TERMS AND COND�TIOHS 1. TITLE, Tillie to the Equipment shall pass to Customer upon the date Uhst the Equipment is delivered to the Installation Site. 2- SECURITY INTEREST SECURITY AGREEMENT: Customer hereby grants to COMMWORLD a security interest in the equipment in order to secure Customer's obligations hereunder and agrees upon request of COMMWORLD to execute any documents necessary to perfect such interest. In the evert that Purchase Price in not paid in accordance vvilh the payment terms, COMMWORLD shall have all the rights and remedies of a secured party as provided for in Article 0 of the Uniform Commercial Code and C{}k1K4VVORLD shall be entitled to reasonable attorneys' fees, and legal expenses incurred with respect to this security interest and the enforcement of any of COMMWORLD's other rights under this Agreement, 3. RISK OFLOS& All risk of loss passes to Customer upon Delivery of the Equipment to the Installation Site. 4, DELIVERY. The equipment delivery date shall be at a time to be mutually agreed upon by the parties with appropriate adjustment for conditions beyond the commercially reasonable control ofCOMK8VV0RLD. 5. |NBTALLAT(ON: CO&1K4VV(}RLOvvN install the Equipment, provided Customer provides a suitable place for installing the Equipment, all electrical outlets, conduit, power hook-ups, and any related carpenter work as specified by COMk4VVORLD. Customer will provide an Equipment area climatized to computer requirements in terms of temperature. 6. INDEMNIFICATION: Customer shall indemnify COMMWORLD against and hold COMMWORLD harmless from any and all clairns, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorneys'fees, claimed by any person, organization, aaaoc|odon ornthenmiue arising out of, or relating to the Equipmen<, uue, poaaeaaion, openytion, and/or condition, thereof, except as caused axr|uoi**iy by CC)K4KXVVOFlLD. 7 VVARRANT/ESAND LIMITATION OF LIABILITY: (a) WARRANTIES: COMMVVORLD warrants h` Customer good and MUek.theEquiPmentfn*eando|earof\ieooandaocumbnanoosaubjeottnthoaecuhtyinterestretainedby LOK\�lt�ORLO C[)i 1 ;,RV[!RLO hereby warrants all new telephone oquipment, against defects in materials and wu I­or a period of 2 years from Cut over and Acceptance Date� provided that no repairs, substitutions, moditications,. or additions have been made except by COMMWORLD and provided that after delivery to Customer the Equipmen1hEAsnotbeaosubjecttoaouident.neg|actormieuae.orusedinvio|ationofanyinstruoUonsuupphedby COK8;WVV0RLD. COMMWORLD's sole liability hereunder shall be to repair or replace the Equipment at its own expense during normal working hours and the foregoing warranty shall constitute the exclusive remedy of Customer and the exclusive liability of COMMVVORLD for any breach of any Warranty n*|abad to this agreement. All Computer and related equipment is warranted pursuant to manufactures warranty, under the same conditions as set forth above. THE WARRANTIES SET FORTH HEREIN AND IN THE RELATED EQUIPMENT WARRANTY AGREEMENT ARE EXCLUSIVE, AND COMMWORLD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, DR FITNESS FOR A PARTICULAR PURPOSE. (b) LIMITATION (]FLIABILITY: COMMVVORLDeha|| not be liable for any special, indireot, incideniol or consequential damages or ious, dnmage, expenon, or costs, including but not limited to attorney fees, directly or indirectly arising from Customer's use of or inability to use the Equipment either separately or in combination with other Equipment, or for personal injury or loss or destruction of other property, or from any other cause. 8. LAW: The laws of Indiana shall govern this Agreement. Any dispute arising out of the agreement shall hc brought in the circuit or superior court of Marion County, Indiana. 9. DEFAULT: If any of Customer's obligations to C{}K4MVVORLD any not promptly paid when dum, or if Customer breaches any provision hereof, Customer shall be in default hereunder and all unpaid amounts shall become immediately due and payable. Upon Customer's default, COMMWORLD shall have the rights and remedies of a secured party under iheUoiformComme/oia|Codeandanyu(har|ovun.inc|udingthe/igh(toanyde|inquentpaymenia[urvvhiohCoa!ome/ agrees torema|n[u||y|iob|e |fdetay|1oonUnuesfu/ten(iO)daysmfterwriiteoorte|egnaphionobceLhereofby COMMWORLD, COMMWORLE) may, at its option, render the Equipment unusable until COMMWORLD receives payment in full, and/or enter upon the premises where the Equipment ia installed arid retake possession thereof free from any daimoof the purchaser without noUco 10, ASSIGNMENT: This agreement may not be assigned by Customer without the written consent of COMMWORLD. 11. MISCELLANEOUS: Titles to the paragraphs of the Agreement are solely for the convenience of the parties and do not explain, modify, nrinterpret the provisions herein. |f more than one (1) Customer is named in this Agreement, the liability mf each shall he joint and several. COMk4VV0RLD|n not liable for any failure ur delay in performance due toany cause beyond its control. |f any provisions ofthis agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof, Customer will permit or arrange for access for COKAK4VVORLD personnel to the premises for C0MMVV[)RLD installation and warranty service. The terms and conditions of sale set forth in writing by this agreement and agreed to by the parties to this transaction are intended by the pates as a final expression of the agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or of contemporaneous oral agreement. VOUCHER 085926 WARRANT ALLOWED ,f 359100 IN SUM OF COMMWORLD OF INDIANAPOLIS 50 SOUTH PARK BLVD GREENWOOD, IN 46143 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 20080772 01- 7362 -05 $128.75 Voucher Total $128.75 r, Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 359100 COMMWORLD OF INDIANAPOLIS Purchase Order No. 50 SOUTH PARK BLVD Terms GREENWOOD, IN 46143 Due Date 7/15/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 7/15/2008 20080772 $128.75 hereby certify that the attached invoice(s), or bill(s) is (are) true and ,orrect and I have audited same in accordance with IC 5-11-10-1.6 p Date Officer American Voice Data, Inc. dba 11 COMMWORLD COMMWORLD OF INDIANAPOLIS South Park Blvd. Invoice Greenwood, l IN 46143 v e 317- 889 -75931 Fax 317 -889 -7777 Date: July 2, 2008 Invoice: Number: 20080787 Bill To: Site Location: TERESA LEWIS ED WOLFE TERESA LEWIS CITY OF CARMEL- WASTEWATER UTILITIES CITY OF CARMEL- WASTEWATER UTILITIES 9609 HAZEL DELL PARKWAY 9609 HAZEL DELL PARKWAY INDIANAPOLIS IN 46280 INDIANAPOLIS IN 46280 Order# Technician PO Number Phone Number 20080700 Douglas Gann ACCOUNTS PAYABLE (317) 571 -2634 Services Performed: THIS IS THE INVOICE FOR THE NE BSTU CARD, THE REPAID OF YOUR BSTU CARD AND THE FREIGHT TO SEND IT IN FOR REPAIR AND THEN BACK TO YOU. DOUG WAS HERE ON 6 -5 AND PUT IN THE NEW CARD WHILE YOURS WAS BEING REPAIRED. THANK YOU! Qty Ilem Number Item Description Unit Price TOTAL 1 BSTU1A TOSHIBA 8 CO ANALOG CARD $595.00 $595.00 1 REPAIRED BSTU CARD $225.00 $225.00 1 FREIGHT OUT BACK TO YOU $7.62 $7.62 Materials: $827.62 Labor: $75.00 Service Call Chg.: $35.00 Other *.55 Sales Tax: Subtotal: INVOICE DUE ON RECEIPT' Deposit: Total Amt Due: 55 SECURITY AGREEMENT TERMS AND CONDITIONS 1. TITLE: Title to the Equipment shall pass to Customer upon the date that the Equipment is delivered to the installation Site. 2- SECURITY INTEREST SECURITY AGREEMENT: Customer hereby grants to COMMWORLD a security interest in the equipment in order to secure Customer's obligations hereunder and agrees upon request of COMMWORLD to execute any documents necessary to perfect such interest. In the event that Purchase Price is not paid in accordance with the payment terms, COMMWORLD shall have all the rights and remedies of a secured party as provided for in Article 9 of the Uniform Comirnercial Code and COMMWORLD shall be entitled to reasonable attorneys' fees and legal expenses inouned with respect to this security interest and the enforcement of any ofCOyWMVVORLD'n other rights under this Agreement. 3. RISK OF LOSS: All risk of loss passes to Customer upon Delivery of the Equipment to the Installation Site. 4. DELIVERY: The equipment delivery date shall be at a time to be mutually agreed upon by the parties with appropriate adjustment for conditions beyond the commercially reasonable control of COMMWORLD. S. INSTALLATION: C(}NIMYV()FlLOwi|| install the Equipment. provided Customer provides a euitab|e place for installing the Equipment, all electrical outlets, conduit, power hook-ups, and any related carpenter work as specified by COk4MVV0RLO, Customer will provide on Equipment area c|imatizad to computer requirements in terms of temperature. 8 INDEMNIFICATION: Customer shall indemnifvC0k4K4VVDRLD against and hold CQMK4VV0FlLD harrn|eaafrom any mndm|!o|aima.00tionz.aui!a.prooeedingo.cnota.exp*nsea.damogesandliobi|i(ies including mUonneys'feee.o/oi/nedby any person, orgmnization, asaooeVon, or otherwise arising out of, or relating to the Equipment, use possession, operation, and/or condition, thereof, except as caused exclusively by COMMWORLO, 7 VVARPANT!ES AND LIMITATION OF LIABILITY: (a) WARRANTIES: CO0K4VV{}RLO warrants to Customer good and clear tide|o the Eq; /ipmenf[reeandc)earof|ienuandenoumbronceaoubje(ttothemacurityintereetraioineJby COf� CO hereby warrants all new telephone equipment, against defects in irnaternis and vcrkrnansNp for a period of 2 years from Cut over and Acceptance Date- provided that no repairs, subs,it0ions, modflications, or additions have been made except by COMMVVORLD and provided that after delivery to Customer the Equipment has not been subject to accident, neglect or misuse, or used in violation of any instructions supplied by COK&K4\8/[>RLD COMMWORLD's sole liability hereunder shall be to repair or replace the Equipment at its own expense during normal working hours and the foregoing warranty shall constitute the exclusive remedy of Customer and the exc|usive liability of COh1KXVVORLD for any breach of any Warranty related to this agreement, All Computer and refatod equipment is warrarited pursuant to manufactures warranty, under the same conditions as set forth above. THE VVAR�/\NT!ES�ETFORTH HEREIN AND |N THE RELATED EC)U|PK4ENT WARRANTY AGREEMENT ARE E>'CLUS|VE. AND CO/Wk/iVVORLO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL IMPLIED ORSTATUTOIRY, iNCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP. 0 FITNESS FOR A PARTICULAR PURPOSE. (b) LIMITATION OFL|AB|L|TY: C{}MMVV0ALDsha|| no'be|/ah|efo�rs} �pccia( indirect, incidental or consequential damages or loss, damage, expense, or costs, ircluding but not |im.tuU to �iton��yhaeo. directly o/ indirectly arising from Custom, er's use ofor inability io use the Equ� �m�n1 either separoie|yorinoomoinahnnwitho(harEquipment.orforporsonm|injuryur|onsordes�ructionofotherp/ope�y.orfrom any oihercause. 8 LAW: The laws of|ndiana shall govern this Agreement. Any dispute arising out nf the agreement shall be brought in the circuit orouperior court ofMarion County, Indiana. 8. DEFAULT. If any of Customer's obligations to CO&4K1VYORLO are not promptly paid when due or if Customer ir dlefeu|therecnde, and ak unpnid nmovr�­ U"�a,»u default, COkA@VVORLD shall have the rightaand'emeu/oso|usc the Uniform Cornmercia! Code and any other laws, including the right to any delinquent payments for which Customer agrees \o remain fully liable. Ii default continues for ten (10) days after written or telegraphic notice thereof by GOIAMWORLD, COMNiWORLD rripy. at its option, render the Equipment unusable until COMMWORLD receives payment in full, and/or enter upno hoe p. emises where the Equipment is installed arid retake possession dicreof �ree frorn any claims ofLhoVurohaoerwifhoutnotice, 10. ASS|GNMIENT: ThisegnaementmoynutbeuoaignedbvCueiomerwithou|{hewhttenconnentoi'COMK8VV(}qLD. 11 K3|SCELL/\NE0US:TWentothepa'ngnaphyo/UheA8reomentareao|o|yfnrthenonvenienceoftheportiesanddo not explain. modify, or interpret the provisions herein. If more than one (1) Customer in named |n this Agreement, the liability of each shall bejoinl` and several. C0KAMVVORLDis not liable for any failure or delay in performance due \oany cause beyond its control. K any provisions of this agreement are in conflict with any statute or rule of{awof any state or territory wherein it may hesought to be enforced, then such provisions shall be deemed null and void to the extent that they r-nay conflict therewiih, but without invalidating the romaining provisions hereof. Customer will permit or arrange for access for COMMWORLD personnel to the premises for COMMWORLD installation and wal service. The terms and conditions of sale set forth in writing by this agreement and agreed to by the parties to this transactioi are iritended by the parties as a final expression of the agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. VDUCHER 085947 WARRANT ALLOWED 359100 IN SUM OF COMMWORLD OF INDIANAPOLIS 50 SOUTH PARK BLVD GREENWOOD, IN 46143 Carmel Wastewater Utility 4r �ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 20080787 01- 7202 -05 $95 q37.� Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 359100 COMMWORLD OF INDIANAPOLIS Purchase Order No. 50 SOUTH PARK BLVD Terms GREENWOOD, IN 46143 Due Date 7/18/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 7/18/2008 20080787 $995.55 k hereby certify that the attached invoice(s), or bill(s) is (are) true and orrect and I have audited same in accordance with IC 5- 11- 10 -1.6 7 1-211,.,- 12e� Date Officer