HomeMy WebLinkAboutAutomatic Irrigation Supply/BROOKSHIRE/$2,650 Automatic Irrigation Supply Company
Brookshire Golf Course-2011
•
Appropriation#4350900 ; P.O. #20702
Contract Not To Exceed$2,650.00
4�D
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES 4A, i►°)
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and Automatic Irrigation Supply Company, an entity duly
authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 4350900 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder
shall be no more than Two Thousand Six Hundred Fifty Dollars ($2,650.00) (the "Estimate"). Vendor
shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and
Services provided to City within such time period. City shall pay Vendor for such Goods and
Services within sixty (60) 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 Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms
and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and/or quotations regarding same as were provided to
Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated
herein by reference, and that the Goods and Services will be delivered in a timely, good and
workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use
and expressly warrants that the Goods and Services provided to City pursuant to this Agreement
have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
[\\Lasvrappsl\a Q data-admm\LAWV haral\ProfSv,.S Goods Svcs\Brook.hue Golf Cource\Automauc Imgamm-Good,S Soace.doc.12/7/2111 I 8 49 AM]
, Automatic Irrigation Supply Company
Brookshire Golf Course-2011
Appropriation#4350900 ; P.O. #20702
Contract Not To Exceed$2,650.00
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
[\Vers appsI\uxr data-admm\LAW\I,aral\ProLSvca S Good,Sy,\Brook.huc Golf CourseAutomanc Imgannn-Good tSta-me,.doc.12/7/2011 II 49 AAt]
. Automatic Irrigation Supply Company
Brookshire Golf Course-2011
Appropriation#4350900 ; P.O.#20702
Contract Not To Exceed$2,650.00
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
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. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
13. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
15. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
[\Vss,aapps 1\usrr data-admm\LAN'sharal\Prof Svca A Goods Svc.\Brool..shue Golf CoursoW utomat.Irrigation-Goods&,Su.act,dot.12/7/201 I 8:49 AM]
Automatic Irrigation Supply Company
Brookshire Golf Course-2011
Appropriation#4350900 ; P.O. #20702
Contract Not To Exceed$2,650.00
16. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel
One Civic Square
Carmel, Indiana 46032
ATTENTION:
AND
Douglas C. Haney, City Attorney,
Department of Law
One Civic Square
Carmel, Indiana 46032
If to Vendor: Automatic Irrigation Supply Company
116 Shadowlawn Drive
Fishers, IN 46030
Telephone: 317-697-2474
E-Mail:
ATTENTION: Jim Held
Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from
the date of such oral notice.
18. TERMINATION:
18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of 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.
[\Vaasrappsl\usu chna-admuALAW\,harcrl\ProfSS,&Goods Svcs\Brooksh,re Golf CoursMulomauc Imgohon-Gods Vooac4,.docaV7/2OI1 8 49 AM]
, Automatic Irrigation Supply Company
Brookshire Golf Course-2011
Appropriation#4350900 ; P.O. #20702
Contract Not To Exceed$2,650.00
18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods 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. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
20. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
21. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2011 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.
22. 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.
23. 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.
24. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
25. 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.
[\Ussrrappsl\usa data-,dmm\LAV har,I\Pro(Sv, &Goods Sy,\Brookshoo Golf Course\Automaik Imgatton-Goods S5Suv,cec doc:IL7/2011849 AM)
, Automatic Irrigation Supply Company
•
Brookshire Golf Course-2011
Appropriation#4350900 ; P.O. #20702
Contract Not To Exceed$2,650.00
26. 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 Automatic Irrigation Supply Company
by and through its Board of Public
Works and Safety
By: By:
v)0
T �� s�n -f— � r��'
James Brainard, Presiding Officer Aut rized Signature
Date:
J-cc . 1-kC
�l�yr�✓ ,(,ti� Printed Name
Yryai7n Burke, Me ber ..._
Date: �qr0( --�-�"t� ��i (�Jr.
Title J
Lori S. W n, M mb FID/TIN: 35 - 4 52.<9 8
Date: /Ala/
Last Four of SSN if Sole Proprietor:
ATTEST: /
Date: f / Z el l
Tana Cordray, AMC, lerk-Treasurer
Date: /�-�1��
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AUTOMATIC IRRIGATION
SUPPLY COMPANY,'
12-6-20I1
•
•
Brookshire Golf Club
Bob Higgins
12120.Brookshire Parkway
Carmel, IN .46033
•
Dear Bob;
Thank you.for your interest in Rain Bird's GSP (Global_Support Plan)'for'your- new.
central control system: Below are the,prices of various plans to keep your
valuable plan active for Brookshire Golf Club.
One.Year Plan --Single Payment $2,650
One Year Plan — 12 Monthly Payments $249/mo.
Three Year Plan —Single Payment _ $6,946
• Three Year Plan —3 Annual Payments -y $2,588
Three Year Plan- 36 Monthly Payments - $236/mo,
Feel free to call me with any questions at 697-2474.
•
Sincerely, ;
Jim Held "
Exhibit PYe._.
i� . ,
•
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' GSP Renewals Without-A New' •
Irrigation Computer _ .. .
i . , Standard,Monthly:Payment.Plan(Current GSP) 1 Year 00'1339.+.00133901 . - '''$249-(gty,1)+$249:(gty 1.1) • • ;
r, Standardt(Current GSP)- ' 2 Years 1 001'351' ' $4;460 .
' . Standard.(Current:GSP) 3 Years 001332' ' $6,946;
Standard'Annual:'Payment Plan(Current GSP) 3-Yeats 001333+'00133301 $2;588(gty 1).+:$2,588(gty2)
' • Standard Monthly Payment Plan(Current GSP) 3-Years 001334+00133401 ,$2'36;(gty_'1)+$236,(gty 35)
GSP Renewals'With A New Irrigation Computer
Standard(Current-GSP) . ` 1 Year H49502 _ $5,883
Standard(Current.GSP') 3 Years H49504 8 855 •
Standard Annual'Payment.Plan(Current GSP) 3Years • H49504A+00,1356 $,3',285(gty1)_+$3,285(gty.2).
Standard.Monthly'Payment Plan,(Current.GSP) 3 Years H49504M.+00.1357 • '.$1;455_(gty 1)+,$253(qt•
y 35)-
Standard(Current;GSP) 5 Years H49506 • • $'•10;7.94 .
Standard Annual:Payment Plan(Current GSP) 5 Years H495 •
06A,+001358• ", 78$2 1 (qty.-1)+52,781'(qty 4) ,
' Standard-Monthly Payment Plan(Current GSP) 5 Years H49506M'+,001359 . '$1;428'(gty:1)4-.5:225(qty 59) '
- • . Standard(Expired'GSP). . . „ 1 Year H49501 $7;540 ..
>
_Standard(Expired'GSP) - 3 Years H49503 %$1'1.,3''1,1,
Standard Annual Payment Plan(Expired GSP); . ' .3 Years . H49503A+''00:1'337 $4;105(qty 1)+$4,105'(qty 2)
• - ; • Standard Monthly'Payment Plan(Expired GSP)• 3 Years H4950.3M,+'00;1338 . +$1,528(qty 1'')+,$325(gty 35) , '
Standard(Expired GSP '•5'Years H49505. ` $T3,823.
Standard Annual;Payment Plan(Expired GSP) 5 Years. . H49505A+001326 $3;478(qty 1)+$3;478(qty 4) - - •
- ,Standard_Monthly,:Payrnent Plan(Expired GSP) • 5 Years, H49505M'+:001328 ••• -"`:$1,;490(City 1).+$286,(gty 59)•
•
' -' Please •
.take.this form to your Rain •
,Bird Distributor.to renew your.service-plan:
`' Contact your local.Rain Bird Distributor to purchase or renew your Global Service Plan,,Monthly or annual payments may not available in all areas.Please check
with'your'local Rain Bird Distributor for availability of payment plan'options.All payments are made'to your local Rain'Bird Distributor and are due at thebeginning.
of the payment period.'All,payments,are iri U.S:Dollars,All state.and local taxes will be the responsibility of the purchaser.The.above suggested'list'prices.do not -
i ->`" - - _ include'any'charges'for set-up'or installation for which your distributor may charg .:,e ` ; ' -• '
•
. 'www:tainbird:com- '
Rain Bird.Corporation www.rainbird:com/gsp. , '
o it --, Global Service'Plan • . www:rainbird.comlgs`pmember f
Ai # �;,a IRR 6991 E.Soutfipoint Road Tucson AZ 85756 w Registered Trademark of Rain Bird Corporation
` " r .a�„ - Phone:.(866)GSP-XPRT •
•✓Fax (866)429=5708 , , ,z2610 Rain'Bird Corporation 11/10
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Services and Training '
. RA/ ' ' BIRD Global Service Plan(GSP)
•
We're Here For You •Toll•Free Remote Technical Support.8 am.to 5 p.m. 'Note:Theterm emergency is used
Localbusineshouri:Monday-Friday,normal business to de fine a situation where a user is
As a Rain Bird'Global Service Plan member,you can days.Get answers,instruction,or assistance from a team of experiencing an inoperable central '
•take advantage of members'only benefits to help you industry certified GSP Engineers to help you maximize your control system: .
maintain the health of your central control system,. central control system's features and capabilities,Save time ••Note:Rain Bird's standard and
maximize your System's performance,and use water and-solve irrigation-problems whileyou re on the green with extended warrontyistorepairor
a toll-free call to Rain Bird's GSP Team.Bilingual support is replace the covered items that fail in
intelligently,-Choose from a one year,three year,or five also available'
normal use.It does not cover6ghtning,
year plan with the option to include a DeIl v desktop 'surge'daniage,theft ormisuse.This
irrigation computer equipped with intel''Pentium •24-Hour Emergency Paging Service!When an urgent commitmenttorepairorreplaceisour ,
technology and'Rain Bird software installed;tested service situation arises,you don't have to wait until standard sole and total warranty.Rain Bird will .
and readyto use.Annual and monthlyy business hours to et help from our GSPTeam.We're not,underanycircums[ances,beliable
payments May g p
available'evenings,weekends and holidays to help you for the inc den[ol orconsequent al'
• be available in some areas,but please check with your solve youcernergency irrigation Issues, damages;no Matter haw they occur.'.
' local Rain Bird Golf Distributor for availability. Youca,r.however,take advantage of' •
the loaner program for replacement
•Symantec'"pcAnywhere Remote System Diagnostics. equipment while your equipment is-
. GSP Engineers can remotely access your central control being repaired.
computer when'issues can't be resolved over the phone
GSP Service Features and Benefits and get your irrigation system functioning properly.
•Remotely Secured Database Back-Up Service.Securely ,
store your RainBird irrigation files wIth GSP and reduce •Free Software Service Packs and Point Releases,
• or even eliminate the time needed to reprogram system Keep your central control software current with the
settings and schedules'should a loss of data occur.One call latest enhancements at no extra charge.
to GSP will have a copy of your irrigation files sent via next
business day delivery service.
•Customer Satisfaction Policy.**Extendthe life of your
irrigation system without purchasing new equipment.
•GSP Webinars.Enhance your knowledge of central control The GSP warranty covers the Rain Bird irrigation computer.
features,learn tips,tricks,and programming short cuts,or MIM,MIM-X,the FREEDOM"System repeater,MDI,LDI,
take advantage of the Q&A session with Rain Bird Product SDI and the Line Termination Box.
Experts and GSP Engineers provided at the end of each
webinar.All from your remote location!
• •Next Business Day Hardware Replacement.If any Rain Bird
central control hardware component covered under the GSP
•Rain Bird Central Control Certified Start-Up.At the time warranty becomes inoperable,a loaner will be delivered to
of the initial start-up ofyour Rain-Bird irrigation system,an your course theneict business day. '
authorized Rain Bird service person will conduct an on-site, i
. thorough inspection to certify that your central control
system meets Rain Bird specifications. •Board Exchange Program Discounts.Replacing circuit
boards is easy and affordable with our Board Exchange
Program,and as a Global Service Plan customer,you will
•GSP Quarterly Newsletter.Packed with product reviews, receive a discount on all Board Exchange Program orders. •
troubleshooting tips,programming shortcuts,and
informational updates,the GSP Quarterly newsletter
is only available to Global Service Plan members. •Central Control Software Upgrade Discounts.Asa • ,
Global Service Plan customer,you will be eligible for special
discount pricing if you choose to upgrade your system and
increase your system's functionality.
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