Emergency Radio Service, LLC/Info Systems/8,250/Siren MaintenanceEmergency Radio Service, LLC Ce
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
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 Emergency Radio Service, LLC, an entity
duly authorized to do business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
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 43-500.00 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.
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 Eight Thousand Two Hundred Fifty Dollars ($8,250.00) (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 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 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,
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.
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.
IS C,—,u P,4S. h Duda Sm In(n ,l S7- 2101X Eld OCI N5re4.; Gar4 anJ Saeia•. Jnr 2 27 201A 11 12 ,NII
Emergency Radio Service, LLC
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
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.
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,
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.
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.
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 Camas not S— k G Ai Sia Inf—im Seams Iola EILS-GCI %%'-k%. Groh mJ S.r.ma k. 2 I' 2018 11 1'_ AM)
Emergency Radio Service, LLC
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
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
(S 2018 ERS -00 2M t 11'_ ATI)
Emergency Radio Service, LLC
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
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 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.
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 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
31 1St Avenue NW
Carmel, IN 46032
Attention: Timothy Renick
If to Vendor: Emergency Radio Service, LLC
PO Box 711097
Cincinnati, OH 45271-1097
AND Douglas C. Haney,
Corporation Counsel
Department of Law
One Civic Square
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.
(5 C,-- hnf 5. c. & G.W.. 5— Inf-1— S),— 2019 ERS•OCI N -I— G.Ws t,,d S- i— d. 2 _" 11113 1 I I i AMI
Emergency Radio Service, LLC
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
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 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, 2018 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. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27, 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.
28. 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.
IS C.lra t. RMS— & Goal S— Ww-- 20IR ERS -M N' -l— G,u1 -d S-,, J. ' .- '1119 1Ill AM,
Emergency Radio Service, LLC
Information Systems Department - 2018
Appropriation #43-500.00; P.O. #101439
Contract Not To Exceed $8,250.00
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:
James Brainard, Presiding Officer
Mary Ann
Date:
Lori S.
Date:
ATTE
liLc.l
(Qristine S. Paul , C 2-Treas"urer
Date:
(5 CrMltri(1a Pn•(A.. & r'—* S"' 4tbrnalr.vt $Ix0.9na :,, IN ERS OC 1 1 .'" D' IN I I I? MI)
Emergency Radio Service, LLC
By: /
Authorized Signature
L �cyu�11�S
Printed Name
`SPvt/i LA-lNluuillG�- ✓ cciKCArae /
r 1
Title
FID/TIN: S < < X(p SLA
Last Four of SSN if Sole Proprietor:
Date: 4 Z - 2--7 - k
001
W I R E L E S S
ro SOX u0 1.1601111111. M 45707 21104964146
wAWJ
LCOM
CIN of Cannel
SERVICE AGREEMENT
DATE: lanuerY L 2018
PAGE IL OF 4
FTIPreventative Maintenance Only
ie Service
•••PLF/aE M ATTACHED SNEET FOR SQYICE /LAN m mLs
ADONEW as lEi Ave IVw CM. CONTACT Todd Ludwald
Cm Carmel STATVIOP IN 46032 OUST ►110111► E1TdT5,23f0 E:
CUSTOMER ►O ►
WHEN THIS AGREEMENT U AOCEPTED BY EMERGENCY RADIO SERVICE, UC.. OBA ERSIM WENELESS 711E EQUIP -MEW Us= WILL ME MAINTAINED aY
ERSOCI WIRELESS IN ACCORDANCE WITH THE TERAS AND CONDITIONS PRINTED ON THE ATTACHED SHEET THIS AGREEMENT DOES NOT INCLUDE PO SiNn DACE Be
REPLACEMENT OF ANTENNAS OR BATTERIES, OR SERVICE OF ANY TRANSMISSION UNE, ANTENNA TOWER OR TOWER LN:NTING, DATA STORAGE BACK THE TERMS AND 00NDmONS OF THIS SERVICE AC REEMENT ARE PRINTED ON THE
UP SYSTEM OR DATA RECOVERY VILESS SYm1 WORK IS OESCRISW GROW RFVTDCIF ane .C.. ncnu- --
QTY MODELNUMBER
SERIALNUMBER
PLACE OF SERVICE
WARRAWY DATE TO BE ADM onE
DESCRN2TION LIDIRAT10N DATE TO CONTRACT DMT. LNG DROP a" MAL IN = COY.
MONTHLY SERVICE
COST PER
UNIT PI=EXTMED
ANNUAL
AMEYAA AroIRn NM{ED
9111IIIASUN011TRE
21 ANNUAL SIREN SITE PREVENTATIVE MAINTENANCE 12
$32.74 $687.50
$8,250.00
$0.00
$0.00
••••••PLEASE SEE EXHIBRAFOR PMDETAILS" •••
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
TOTAL PAGE 1
$8,250.00
DATE SERVICE BEGINS: January 1, 2018 DATE SERVICE ENDS: DoeerrEber 31, 2018
ColalaGt lode Senoloa 13epUTE'rallacb *V dale of WhV Gn tlis Dm&aa Wile w/ ba eddsd lD t1Ts OMOW as to werrardy alpirn and as kldklTteO udw "Date to be
Added To Convect".
AUTOMATIC RENEWAL: SEE SECTION 8 IN THE TERMS AND CONDITIONS.
TOTAL PAGE 2
$0.00
DUES THIS AGREEMENT CUVLH L)USTINU EQUIPMEN YES NO
X NEW AGREEMENT ADD TO EXISTING AGREEMENT SUPERSEDES AGREEMENT N
CUSTOMER SIGNATURE
CUSTOMER NAME PRINTED
Cr ERS-0CI REP.
—%db� SERVICE MANAGER
SHOP LOCATION
DATE
DATE
Ashton Brandyberry/Ethan Eastway DATE 1.2,/2/2016
►' i Q'�G DATE
Indianapolis
•f (O(Y M(OW(11 f WIQ TO.I�R Mp Yiv4
TAMC AAMORIAIA/ (OM W(PIfRON
Monthly $687.50
Quarterly $2,062.50
Semi -Annual $4,125.00
X Annual $8,250.00
PLEASE INDICATE ONE PAYMENT OPnON AaOVE.
001 CUSTOMER NAME! qty of Carmel
w, n 1 i i s N
PAGE 2 OF 4
IUTAL ur VAut 2 $0.00
SERVICE AGREEMENT TERMS AND CONDITIONS
This SERVICE AGREEMENT is subject to these terms and conditions'
(1) Definitions For the purpose of brevity and uniformity all references to ERS-OCI Wireless in this agreement will be construed to mean Emergency Radio Service. LLC
dba ERS-OCI Wireless- All references to License shall be construed as meaning and applying to FCC Licensee, or the User, or the Purchaser of the equipment to be
serviced by terms of this agreement
(2) Work
(a) Emergency Radio Service. LLC (herein called ERS-OCI Wireless) agrees to provide service for the Licensee of the equipment described on the attached agreement
beginning and ending on the dates indicated ERS-0CI Wireless will maintain other units manufactured by Motorola or other and purchased by Licensee for the appropriate
service fees and on the same terms and conditions set forth herein. Upon delivery of such to customer, the fees will be added at the next billing cycle after labor warranty. In
the event of loss, damage or theft or removal from service of any units, the Licensee shall immediately report said loss, damage or theft or removal in writing to ERS -DCI
Wireless In the event, Licensee's obligation to pay service fees with respect thereto shall terminate at the end on the month on which ERS-OCI Wireless receives said
report
(b) Mobile units will be removed and reinstalled in different vehicles at Licensee's request at the prices prevailing at that time This agreement does not include service of
any transmission line, antenna. tower or tower lighting, unless such work is described on the attached agreement. Service shall Include the labor and parts required to repair
equipment which has become defective through normal wear and usage. This does not include consumables and their inslallation. Service does not include the repair or
replacement of equipment which has otherwise become detective, induding. but not limited to, damage caused by accidents, physical or electrical abuse, or misuse of the
equipment, Acts of God, and fires. Work done for non -covered repairs will be billed at ERS-OCI Wireless' over contract rates applicable for such work Fquipment under
contract must be maintained in environmental conditions as set out in their specifications and damage resulting from environmental conditions not conforming to said
spea6cations are likewise not covered.
(c) Where telephone lines and equipment are used in conjunction with ERS-OCI Wireless maintained equipment, ERS-OCI Wireless shall have no obligation or
responsibility for such lines or equipment but will, upon request, assist the Telephone Company in repairing such upon payment of appropriate over contract rate.
(d) Licensee will Indicate on the reverse side any equipment which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status
(e) At the end of twelve (12) months of service or any time thereafter. if individual items) cannot in ERS-OCI Wireless' opinion be property or economically repaired on-site
due to excessive wear of deterioration, ERS -CCI Wireless may supply the customer with a quote for reconditioning by ERS-OCI Wireless. If the customer does not elect to
have the equipment reconditioned, or if reconditioning is impractical due to equipment age or availability of replacement parts. ERS -DCI Wireless may withdraw such item(s)
from this Agreement upon ninety (90) days prior written notice
(3) Service Standards. The equipment will be serviced by ERS-0CI Wireless in accordance with these standards; (i) original manufacturer's parts or parts of equal quality
will be used; (ii) the equipment will be serviced at levels necessary to provide the required communications; and (in) routine service procedures prescribed from time to time
by ERS-0CI Wireless for its equipment will be followed
(4) Time and Place of Service Work
(a) Service work shall be done at the location specified on the reverse side. Where service is to be performed at the location of the equipment, the Licensee shall furnish
shelter, heal. light and power at these locations Licensee shall notify ERS-OCI Wireless immediately of equipment failure and allow ERS-OCI Wireless full and free access
to the equipment. Waiver of liability or other restrictions shall not be imposed as a site access requirement The Licensee will allow ERS-OCI Wireless to use necessary
machines, communications facilities, features and other equipment (except as normally supplied by ERS-OCI Wireless) at no charge. Mobile units and removable equipment
shall be delivered by the Licensee to the place of service indicated on the reverse side of this Agreement.
l_ b) Service shall be performed under this agreement when the ERS-OCI Wireless service shop is notified during the Call Window set out on the Reverse side.
1 \ (5) Payment. On or about the dale each payment is due as set forth on the reverse side of this Agreement. ERS -CCI Wireless will send the Licensee an invoice covering the
\ service fees for the next Payment Period. All other charges shall be billed monthly, and the Licensee shall pay the amount of said invoice within thirty (30) days of its date, to
ERS-OCI Wireless, at the ERS-OCI Wireless Billing Office. Each invoice shall be due and payable whether or not the equipment is operating, and ERS-0CI Wireless may
terminate this agreement by giving the Licensee thirty (30) days notice by certified mail if the Licensee defaults in its payment to E.R.S.
(6) Revision of Fees Prior to an Anniversary of the 'Date Service Ends' indicated on the reverse side of the Agreement. ERS-0CI Wireless may at any time revise the
service fees set forth on the reverse side hereof by giving the Licensee written notice of the amount of the increase at least sixty (60) days In advance of that date Upon
receipt of any such notice. Licensee may terminale this agreement as provided herein; otherwise the new fees shall become effective on the Anniversary date. In the event
of termination as herein provided. all accrued and unpaid charges shag be due aria payable forthwith
(7) FCC Records Applications and statements of facts when required by the Federal Communications Commission must be subscribed and sworn to by the Licensee, and
the Licensee is responsible for meeting FCC requirements. ERS-OCI Wireless will provide the Licensee with forms, advice, and technical assistance, including frequency,
modulation, and power measurements, to aid in meeting the requirements
(8) Automatic Renewal After the 'Date Service Ends" indicated on the reverse side of this agreement, this agreement shall continue for successive additional periods of 1
year, provided that either ERS-OCI Wireless or the Licensee may terminate this agreement on the 'Date Service Ends" or any Anniversary thereof upon thirty (30) days
written notice to the other party sent by certified mail to the address indicated hereon
(9) Laws and Regulations The agreement and the rights and obligations of the parties under it are subject to present and future valid orders and valid laws, rules and
regulations of duly constituted authorities having jurisdiction_
(10) Waiver. Failure or delay on the part of ERS-OCI Wireless of the Licensee to exercise any nght, power or pnvilege hereunder shall not operate as a waiver thereof
(11) Pnor Negotiations. This contract constitutes the entire agreement of the partes hereto and shall supersede all pnor offers, negotiations and agreements
User
ey:
Printed Name:
Title
Oci
Exhibit A
W I R E L E S S
Annual PM of all twenty-one siren sites to include:
• Check of two Control Stations and SS2000 computers
• Check of MTR2000 UHF Repeater
• Check of the transmitter frequency deviation, power output, forward and reflected power, and antenna system
• Check of the Grounding System p
• Siren head inspection and maintenance �A—vt-e- �� L� �� toe 2-U1V'
• Receiver sensitivity will be checked and transmit and receive audio levels will be set
• Visual inspection of each box for rust. If rust is found, spray paint will be applied to match the existing color as closely as possible
• Fuses, belts screws, and wiring connectors will be included if they need to be replaced (all other parts and materials, if required, will be an additional charge)
• Lift charges
• Annual report per site, including pictures, provided to customer upon completion of all PM's
• Post -PM report to customer detailing individual items needing replaced within the next calendar year and their associated budgetary cost.
Battery maintenance to include:
• Load test to ensure peak operating efficiency
• Check for leaks and corrosion
• Check output amps and voltage
• If required distilled water will be added to batteries
• If batteries are no longer serviceable, a new, sealed replacement battery will be installed
Notes:
We anticipate the preventative maintenance will take seven business days. If repairs are needed within 20 days of
the PM date, no lift charges will be billed for those repairs If other repair work is required outside of the annual PM.
lift charges will be quoted along with the time, materials, and discounted labor rate ($951hour instead of $11 Mow)
required to repair the system
EXHIBIT B
Invoice
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Date:
Signature
Printed Name
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:
Injury and property damage:
Policy Limit:
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000 each accident
$500,000 each accident
$500,000
$500,000
$ 10,000
EXHIBIT D
AFFIDAVIT
d,Y,!S ,being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
I am now and at all times relevant herein have been employed by
(the "Employer")
in the position of t/kkuc..� cc_y ev-
3. 1 am familiar with the employment policies, practices, and procedures of the Employer and
have the authority to act on behalf of the Employer.
4. The Employer is enrolled and participates in the federal E -Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
5. The Company does not knowingly employ any unauthorized aliens,
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the day of re kot/,A`� i , 20t
Printed: 'Tyv-LA �
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
�G
n
Printed:
INDIANA RETAIL TAX EXEMPT Page 1 of 1
City ®f Carme CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 101439
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
PURCHASE ORDER DATE: DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
2/26/2018 371002
Preventative Maintenance
ERS-OCI WIRELESS
VENDOR PO BOX 711097
CINCINNATI, OH 45271--1097
PURCHASE ID BLANKET I CONTRACT
23724
QUANTITY UNIT OF MEASURE
Department: 1115 Fund: 101 General Fund
Account: 43-500.00
1 Each Siren Maintenance
ICS
SHIP 31 1st Avenue N.W.
TO Carmel, IN 46032 -
Timothy Renick
PAYMENTTERMS
DESCRIPTION
UNIT PRICE
(317) 571-2576
FREIGHT
$8,250.00
Sub Total
EXTENSION
$8,250.00
$8,250.00
Send Invoice To:
ICS Quote dated: 01/01/2018
Timothy Renick
31 1st Avenue N.W.
Carmel, IN 46032-
(317) 571-2576 PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $8,250.00
SHIPPING INSTRUCTIONS 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
'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 �t t
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Timothy Renick James Crider
TITLE Director Administration
CONTROL IVO. 101439 CLERK -TREASURER