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Home My WebLink About174800 07/22/2009 CITY OF CARMEL, INDIANA VENDOR: 359100 Page 1 of 1 ONE CIVIC SQUARE COMMWORLD OF INDIANAPOLIS CHECK AMOUNT: $215.00 CARMEL, INDIANA 46032 50 SOUTH PARK BLVD oM i�. GREENWOOD IN 46143 CHECK NUMBER: 174800 CHECK DATE: 7/22/2009 D EPARTMENT ACCOUN PO NUMB INVOICE NUMBER AM DESCRIPTION 651 5023990 20090573 215.00 OTHER EXPENSES American Voice Data, Inc. dba COMMWORLD COMMWORLD OF INDIANAPOLIS 50 South Park Blvd. Invoice Greenwood, e IN 46143 317 -889 -75931 Fax 317- 889 -7777 Date: July 1, 2009 Invoice: Number: 20090573 Bill To: Site Location: LISA KEMPA TERESA LEWIS CITY OF CARMEL- WASTEWATER UTILITIES CITY OF CARMEL- WASTEWATER UTILITIES 760 3RD AVE. SW SUITE 110 9609 HAZEL DELL PARKWAY CARMEL IN 46032 CARMEL IN 46280 Order# Technician PO Number Phone Number 20090612 David Howell ACCOUNTS PAYABLE (317) 571 -2634 Services Performed: DAVID HOWELL CREATED "CARMEL GREEN" VOICE MAIL APPLICATION AND UPDATED THE VOICE MAIL VIA THERESA'S EMAIL. YOU WERE GOING TO RECORD THE GREETINGS. Qty Item Number Item Description Unit Price TOTAL Materials: $0.00 Labor: $180.00 Service Call Chg.: $35.00 Other $0.00 Sales Tax: $0.00 Subtotal: $215.00 INVOICE DUE ON RECEIPT Dep $0.00 Cotal Amt Due: $215.00 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, |n the event that Purchase Price is not paid inaccordance 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 Commercial Code and COMMWORLD 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 (]FLOSS: 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. 5. INSTALLATION: CDMK4VV(}RLDwiU install the Equipment. provided Customer provides osuitable place for installing the Equipment, all electrical outlets, conduit, power hook-ups, and any related carpenter work as specified by CDMMVVORLD. Customer will provide an Equipment area climatized to computer requirements in terms of temperature. 8. INDEMNIFICATION: Customer shall indemnify COMMWORLD against and hold COMMWORLD harmless from any an6 a`\daxns.�c1x`//� �ois.V/u�aedmg�uoa(s. .damages and UZbi|iUes. including ottnnneye' fees, claimed by any person, organization, association, or otherwise arising out of, or relating to the Equipment, use, possession, operation, and./or condition, thereof, except as caused exclusively by COMMWORLD. 7 VV/\RRANT|ES AND LIMITATION OF LIABILITY: (a) WARRANTIES: CO&1K4VYORLD warrants to Customer good and o|earUde tO the Equipment frec and clear 0f liens and encumbrances subject tVthe security interest retained by COK4K4WC)RLO nerebyvvarrantsa||new e|ephoneequipment. against, defects in materials and vvorhn�anai�i4fora period of 2 years from Cut over and Acceptance Date', provided that no repairs, substitution, modifications mr additions have been medeexcept byCOK4MVV(}RLO and provided that after cle|iveryto Customer the E�uipmenthas not been aubiactto accident, neglect or misuse, or used in violation of any instructions supplied by C[)k4W1VORLO COMMWORLD's sole liability hereunder shall be to repair or repiace the Equipment at its own expense cfiuring normal ,vorking hours and the foregoing warranty shall constitute the exclusive remedy of Customer and the exciueive liability ofCOMK4VVORLD for any breach sf any Warranty related 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 T{} ANY WARRANTIES OF MERCHANTABILITY. WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE, (b) LIMITATION OF LIABILITY: C(]MMVVORLDahe|| not be liable for any special, indirect, incidental or consequential damages or loss, damage, expense, 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 nauoa. 8. LAW: The laws of Indiana shall govern this Agreement. Any dispute arising out u/ the agreement shall be brought in the circuit or superior court of Marion County, Indiana. 9 DEFAULT: If any of Customer's obligations to COMMWORLD are not promptly paid when due, or if Customer h,m-irhpx inyp'nvNinn d�/m�ndpoy�b|� Upon�u�iomer�aUefnu|t.C(}K4&4VV()RLDoha||have1herightsondremediesofasecunedpa�yunder the Uniform Conni Code and any other laws, including the right to any delinquent payments for which Customer agrees iu remain fully liable. If default continues for ten (10) days after written or telegraphic notice thereof by COMMWORLD. COMMWORLD may, at its option, render the Equipment unusable until COMMWORLD receives payment in full, and/or enter upon the prernises where the Equipment is installed and retake possession thereof free from any claims of the purchaser without notice. 10. ASSIGNMENT: This agreement may not be assigned by Customer without the written consent ofCUK4MVVORLD 11, MISCELLANEOUS: Titles to the paragraphs of the Agreement are solely for the convenience of the parties and do not explain, modify, or interpret the provisions herein, |f more than one (1) Customer is named in this Agreement, the liability of each shall be joint and several. COMMWORLD is not liable for any failure or delay in performance due to any cause beyond its control, If any provisions of this agreement are in conflict with any statute or rule of law ofany 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, hut without invalidating the remaining provisions hereof. Customer will permit or arrange for access for COMMWORLD personnel to the premises for COMMWORLD 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 are intended by the parties as a final expression of the agreement with respect to such terms as are included herein and may not be oontradicted by evidence of any prior agreement or of a contemporaneous oral agreement. 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 7/14/2009 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 7/1412009 20090573 $215.00 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 71151� -off ✓t c� Date Officer VOUCHER 096037 WARRANT ALLOWED 3 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 20090573 01- 7362 -05 $215.00 Voucher Total $215.00 Cost distribution ledger classification if claim paid under vehicle highway fund