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HomeMy WebLinkAboutPaperless Packet for BPW 04.05.23Board of Public Works and Safety Meeting Agenda Wednesday, April 5, 2023 – 10:00 a.m. Council Chambers City Hall, One Civic Square MEETING CALLED TO ORDER 1.MINUTES a.Minutes from the March 15, 2023, Regular Meeting 2.BID OPENING AND AWARD a.Bid Opening for Digester Gas Piping Replacement Project; John Duffy, Director of the Department of Utilities TABLED UNTIL APRIL 5, 2023 b.Quote Opening for 23-STR-04 Road Preservation at Cherry Creek; Matt Higginbotham, Street Commissioner 3.PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS a.Resolution BPW 04-05-23-06; Sunrise on the Monon Phase 5; Storm Sewer; Sunrise Residential, LLC b.Resolution BPW 04-05-23-07; 4160 E. 96th Street; Erosion Control; Dallman Contractors, LLC c.Resolution BPW 04-05-23-08; Waterfront at West Clay Section 2; Street Signs; Paul Shoopman Building Corp. d.Resolution BPW 04-05-23-09; Waterfront at West Clay Section 5A; Right of Way; Paul Shoopman Building Corp. 4.CONTRACTS a.Request for Purchase of Goods and Services; Howard Asphalt LLC d/b/a Howard Companies; ($3,641,478.16); 2023 Paving Program; Matt Higginbotham, Street Commissioner b.Request for Purchase of Goods and Services; D. & L.S., Inc./ d/b/a Office Keepers; ($17,874.00); Cleaning Services; Chief David Haboush, Carmel Fire Department c.Request for Purchase of Goods and Services; Ellis OD, LLC; ($4,000.00); Professional Services – Department Organizational Workshops; Nancy Heck, Director of Community Relations and Economic Development d.Resolution BPW 04-05-23-01; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Indiana Department of Transportation; ($1,000,000.00); Local Roads and Bridges Matching Grant; Jeremy Kashman, City Engineer e.Request for Purchase of Goods and Services; A Cut Above Catering, LLC; ($3,074.18); Catering for Holocaust Remembrance Ceremony; Nancy Heck, Director of Community Relations and Economic Development f. Request for Purchase of Goods and Services; Pyrotecnico Fireworks, Inc.; ($79,500.00); Fireworks Display; Additional Services Amendment; Nancy Heck, Director of Community Relations and Economic Development g. Request for Purchase of Goods and Services; Mainscape, Inc.; ($25,335.00); Sod Installation; Additional Services Amendment; Matt Higginbotham, Street Commissioner h. Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.; ($2,055.00); 560 3rd Ave SW – Appraisal Services; Jeremy Kashman, City Engineer i. Request for Purchase of Goods and Services; Engledow, Inc.; ($49,301.00); Sophia Square Topiaries; Additional Services Amendment; Matt Higginbotham, Street Commissioner j. Resolution BPW 04-05-23-02; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Flock Group, Inc; ($49,000.00); Falcon and Falcon Flex Camera/Additional Services Agreement; Chief James Barlow, Carmel Police Department k. Request for Purchase of Goods and Services; College Avenue Design, LLC d/b/a Sweet Event Planning; ($15,000.00); Event Planning Services – Brews on the Boulevard; Additional Services Amendment; Nancy Heck, Director of Community Relations and Economic Development l. Resolution BPW 04-05-23-03; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Knauss Property Services, LLC; ($212,500.00); Reflecting Pool Painting; Additional Services Amendment; Matt Higginbotham, Street Commissioner m. Resolution BPW 04-05-23-04; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Marathon Pipe Line, LLC; Encroachment Agreement; Jeremy Kashman, City Engineer n. Resolution BPW 04-05-23-05; A Resolution of the City of Carmel Board of Public Works and Safety Acknowledging Agreement Between City and Vendor; Shepherd Insurance, LLC; ($6,000.00); Consulting Fees; Lisa Hartz, Director of Human Resources o. Request for Purchase of Goods and Services; Berrnath, LLC; ($48,875.00); Falcon Asphalt Repair Hotbox; Matt Higginbotham, Street Commissioner p. Request for Purchase of Goods and Services; Rollfast, Inc.; ($37,700.00); Professional Services for Bike Carmel Events; Additional Services Amendment; Nancy Heck, Director of Community Relations and Economic Development q. Request for Purchase of Goods and Services; Comcast Business; ($2,377.55); Monthly Service; Timothy Renick, Director of Information and Communication Systems r. Request for Purchase of Goods and Services; St. Vincent Health, Wellness and Preventive Care Institute, Inc.; ($75,432.00); Firefighter Physicals; Additional Services Amendment; Chief David Haboush, Carmel Fire Department s. Request for Purchase of Goods and Services; St. Vincent Health, Wellness and Preventive Care Institute, Inc.; ($31,430.00); Firefighter Physicals; Additional Services Amendment; Chief David Haboush, Carmel Fire Department t. Request for Purchase of Goods and Services; Stryker Sales, LLC; ($31,407.00); LifePak 15 Preventative Maintenance; Additional Services Amendment; Chief David Haboush, Carmel Fire Department u. Request for Materials Transfer Agreement; Verily Viral Pathogen Testing Services; John Duffy, Director of the Department of Utilities v. Request for Purchase of Goods and Services; Rieth-Riley Construction Inc.; ($201,137.72); 20-ENG-01 Smoky Row Road Reconstruction from Old Meridian Road to Rangeline Road; CO #7; Jeremy Kashman, City Engineer 5. REQUEST TO USE CITY STREETS/PROPERTY a. Request to Acknowledge Approval to Use the Japanese Garden; Wedding; April 3, 2023; 1:00 PM – 4:00 PM; Danica Anderson b. Request to Use/Close City Streets and Carter Green; Bolt for the Heart 5K; November 23, 2023; 5:00 AM – 11:00 AM; Pierre Twer, Bolt for the Heart c. Request to Use Carter Green; Equity Event; July 16, 2023; 10:00 AM – 10:00 PM; Carmella Sparrow, Communities Allied for Racial Equity d. Request to Use/Close City Streets/Carter Green/Civic Square Fountain Area, Gazebo and Lawn; CarmelFest; July 2-4, 2023; 1:00 PM – 10:00 PM; Steve Krusie, Rotary Club of Carmel, Indiana e. Request to Use City Hall Parking Lot/City of Carmel Stage; CarmelFest Kids Zone; July 3-4, 2023; 5:00 AM – 11:00 PM; Meg Gates Osborne f. Request to Use Civic Square Gazebo/Lawn; Indianapolis-Carmel Children’s Festival; April 29, 2023; 7:30 AM – 4:00 PM; Greg Yoakam, Kids and Family Growth Foundation/Kidslinked g. Request to Use Carter Green; Cheftacular; May 1, 2023; 11:00 AM – 9:30 PM; Nick Carter, Carmel Culinary Arts h. Request to Use Midtown Plaza; Grads on the Grass; May 26, 2023; 11:00 AM – 4:00 PM; Patrice Dawson, Carmel High School PTO i. Request to Use Carter Green and Use/Close City Streets (Updated); Religious Procession/Public Prayer; June 11, 2023; 9:00 AM –7:00 PM; Thomas Gallagher, Our Lady of Mount Carmel Catholic Church j. Request to Add Temporary No Parking Signs; Tour Bus Parking; April 14, 2023; 12:00 PM – 1:30 PM; Candy Martin, City of Carmel k. Request to Use Civic Square Gazebo/Lawn; Police Memorial; May 3, 2023; 8:00 AM – 8:00 PM; Dawn Fisher, Carmel Police Department l. Request to Use Caucus Room; Retirement Outreach Program; May 31 and June 1, 2023; 11:00 AM – 1:00 PM; Allyson McClure, Guardian Wells Financial m. Request to Use/Close City Streets; Carmel 5K for Haiti; July 29, 2023; 4:00 AM – 12:00 PM; Jeff Hines n. Request to Use City of Carmel Stage; Carmel International Arts Festival; September 23-24, 2023; 6:00 AM – 6:00 PM; Meg Gates Osborne o. Request to Use City Sidewalks/Monon Greenway; Fundraiser for Brain Cancer Research; May 20, 2023; 7:00 AM – 5:00 PM; Ryan McLaughlin, Kelli’s Kegs N Eggs 5K p. Request to Use Palladium East Courtyard; Event for Lake Forest Ferrari; May 5, 2023; 3:00 PM – 10:00 PM; Zak Khan q. Request to Use Midtown Plaza (Updated); Group Fitness Class; April 22, 2023; 8:00 AM – 11:00 AM; Leslie Lupton, Physique 57 r. Request to Use Monon & Main Plaza; Placing a Giant Floor Piano for the American Pianists Awards; April 20, 2023; 3:30 PM – 6:30 PM; Lee Clifford, American Pianists Association 6. OTHER a. Request for Additional Arts Grant Program Agreement; ($2,670.00 Increase); Central Indiana Dance Ensemble; Mayor James Brainard b. Uniform Conflict of Interest Disclosure Statement; Nancy Heck c. Request for Petition to Vacate a Public Right of Way; LOR/1933 Lounge Redevelopment Project; Henry Mestetsky, Executive Director of the Carmel Redevelopment Commission d. Request for Curb Cut Vacation/ Curb Cut; 912 Auman Drive East; 4021 Architecture e. Request for Lane Restrictions/ Road Closure/Open Pavement Cut; 401 1st Ave NE; Zach Spitz, Elevation Excavation, Inc. f. Request for Stormwater Technical Standards Waiver; 1701 E 116th Street; Steven Rucker, Weihe Engineers g. Request for Stormwater Technical Standards Waiver; 11841 Pebblebrook Lane; Steven Rucker, Weihe Engineers h. Request for Stormwater Technical Standards Waiver; Carmel Clay History Museum, 211 1st Street SW; Chad James, HWC Engineering i. Request for Stormwater Technical Standards Waiver; Range Line Road Mixed-Use Development, 175 S Range Line Road; Nicholas Justice, CEC, Inc. j. Request for Stormwater Technical Standards Waiver; Chick-Fil-A, 9965 N Michigan Road; Erik Hertel, HR Green k. Request for Consent to Encroach and Variance; 9650 Prairiewood Way; Douglas and Mary Thompson, Property Owners 7. ADJOURNMENT Board of Public Works and Safety Meeting 1 Minutes 2 Wednesday, March 15, 2023 – 10:00 a.m. 3 Council Chambers City Hall, One Civic Square 4 5 6 MEETING CALLED TO ORDER 7 8 Board Member Burke called the meeting to order at 10:00 AM 9 10 MEMBERS PRESENT 11 12 Board Members Lori Watson and Mary Ann Burke, and Deputy Clerk Jacob Quinn were present. 13 14 Mayor James Brainard was not present. 15 16 MINUTES 17 18 Minutes from the March 1, 2023 Regular Meeting. Board Member Burke moved to approve. Board 19 Member Watson seconded. Minutes were approved 2-0. 20 21 BID OPENING AND AWARD 22 23 Quote Opening for 23-STR-02 Reflecting Pool Painting; Board Member Burke opened the quote and 24 read it aloud: 25 26 Contractor Quote 27 Knauss Property Services $212,500.00 28 29 30 Bid Opening for Digester Gas Piping Replacement Project; John Duffy, Director of the Department of 31 Utilities. The Department of Utilities requested that the bid opening be tabled until April 5th. There 32 wasn’t enough initial interest in the bid due to supply chain issues associated with electrical 33 components of the project. Board Member Burke moved to table. Board Member Watson seconded. 34 Motion approved 2-0 35 36 PERFORMANCE BOND RELEASE / REDUCTION APPROVAL REQUESTS 37 38 Resolution BPW 03-15-23-01; Jackson’s Grant 1B; Erosion Control; Board Member Burke moved to 39 approve. Board Member Watson seconded. Request approved 2-0. 40 41 CONTRACTS 42 43 Request for Purchase of Goods and Services; Nelson Alarm, LLC; ($48,551.00); Camera 44 Replacements; Additional Services Amendment. Board Member Burke moved to approve. Board 45 Member Watson seconded. Request approved 2-0. 46 47 Request for Purchase of Goods and Services; Engledow, Inc; ($53,797.76); 2023 Flower Maintenance. 48 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 49 50 Resolution BPW 03-15-23-02; A Resolution of the City of Carmel Board of Public Works and Safety 51 Acknowledging Agreement Between City and Vendor; Traynor & Associates, Inc; ($2,000.00); 560 52 3rd Ave SW – Appraisal Report. Board Member Burke moved to approve. Board Member Watson 53 seconded. Request approved 2-0. 54 55 Request for Purchase of Goods and Services; American Structurepoint, Inc; ($1,290,998.00); 22-56 ENG-03 116th & Hoover Rd RAB 116th St Path from Towne to Spring Mill – Pedestrian Bridge 57 Design; Additional Services Amendment #2; Board Member Burke moved to approve. Board Member 58 Watson seconded. Request approved 2-0. 59 60 Request for Purchase of Goods and Services; American Structurepoint, Inc; ($1,151,961.05); 20-61 ENG-04 College Ave Rd Improvement – 96th to 106th Street – Construction Engineering; Additional 62 Services Amendment #3; Board Member Burke moved to approve. Board Member Watson seconded. 63 Request approved 2-0. 64 65 Request for Purchase of Goods and Services; Convergint Technologies, LLC; ($618,282.07); 66 Genetec Upgrade; Board Member Burke moved to approve. Board Member Watson seconded. 67 Request approved 2-0. 68 69 Request for Purchase of Goods and Services; Municipal Emergency Services, Inc; ($1,522,375.14); 70 Cascade System and Self-Contained Breathing Apparatuses; Additional Services Amendment; Board 71 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 72 73 Request for Purchase of Goods and Services; Beard Equipment Company, Inc; ($127,692.00); 74 Equipment; Board Member Burke moved to approve. Board Member Watson seconded. Request 75 approved 2-0. 76 77 Request for Purchase of Goods and Services; Clark Dietz, Inc; ($276,420.00); 22-ENG-05 99th St. 78 Path from Westfield Blvd to Haverstick Road – Design; Agreement for Professional Services; Board 79 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 80 81 Request for Purchase of Goods and Services; AG Productions, LLC; ($52,800.00); Video Marketing, 82 Content Management and Production; Board Member Burke moved to approve. Board Member 83 Watson seconded. Request approved 2-0. 84 85 Request for Purchase of Goods and Services; CorGroup, LLC; ($22,700.00); 20-ENG-02, College 86 Ave – Garage Replacement; Agreement for Professional Services; Board Member Burke moved to 87 approve. Board Member Watson seconded. Request approved 2-0. 88 89 REQUEST TO USE CITY STREETS/PROPERTY 90 91 Request to Use Council Chambers; Homeowners Association Meeting; April 20, 2023; 6:45 PM –8:30 92 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-93 0. 94 95 Request to Use Midtown Plaza/Monon Blvd; Brews on the Boulevard; July 29, 2023; 10:00 AM –96 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 97 approved 2-0. 98 Request to Use Civic Square Gazebo/Lawn and to Use/Close City Streets; Fundraiser; June 3, 2023; 99 12:00 PM –6:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. 100 Request approved 2-0. 101 102 Request to Use/Close City Streets; CarmelFest Freedom Run; July 4, 2023; 7:00 AM –10:00 AM; 103 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 104 105 Request to Use Civic Square Gazebo/Lawn; Spring Woodwind Studio Recital; May 7, 2023; 12:00 PM 106 –5:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 107 approved 2-0. 108 109 Request to Use Veterans Plaza/Traffic Control; City of Carmel Memorial Day Ceremony; May 26, 110 2023; 7:00 AM –11:00 AM; Board Member Burke moved to approve. Board Member Watson 111 seconded. Request approved 2-0. 112 113 Request to Use/Close City Streets; Overbrook Farms HOA Block Party; April 22, 2023; 10:00 AM –114 4:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 115 approved 2-0. 116 117 Request to Use Reflecting Pool; Submarine Event; August 12-13, 2023; 7:00 AM –5:00 PM; Board 118 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 119 120 Request to Use/Close City Streets; Sam Costa Half and Quarter Marathon Road Race; March 25, 121 2023; 7:00 AM –12:00 PM; Board Member Burke moved to approve. Board Member Watson 122 seconded. Request approved 2-0. 123 124 OTHER 125 126 Request for Additional Arts Grant Program Agreement; ($42,720.00 Increase); Actors Theatre of 127 Indiana, Inc; Board Member Burke moved to approve. Board Member Watson seconded. Request 128 approved 2-0. 129 130 Request for Additional Arts Grant Program Agreement; ($48,950.00 Increase); Carmel Symphony 131 Orchestra, Inc.; Board Member Burke moved to approve. Board Member Watson seconded. Request 132 approved 2-0. 133 134 Request for Additional Arts Grant Program Agreement; ($7,120.00 Increase); Indiana Wind 135 Symphony; Board Member Burke moved to approve. Board Member Watson seconded. Request 136 approved 2-0. 137 138 Request for Additional Arts Grant Program Agreement; ($14,240.00 Increase); Gregory Hancock 139 Dance Theatre, Inc.; Board Member Burke moved to approve. Board Member Watson seconded. 140 Request approved 2-0. 141 142 Request for Additional Arts Grant Program Agreement; ($17,000.00 Increase); Gregory Hancock 143 Dance Theatre, Inc.; Board Member Burke moved to approve. Board Member Watson seconded. 144 Request approved 2-0. 145 146 Request for Additional Arts Grant Program Agreement; ($37,380.00 Increase); Booth Tarkington 147 Civic Theatre; Board Member Burke moved to approve. Board Member Watson seconded. Request 148 approved 2-0. 149 Request for Additional Arts Grant Program Agreement; ($16,020.00 Increase); The CAT, Ltd.; Board 150 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 151 152 Resolution BPW 03-15-23-04; A Resolution of the City of Carmel Board of Public Works 153 Acknowledging Arts Grant; ($175,000.00); The Great American Songbook Foundation; Board 154 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 155 156 Resolution BPW 03-15-23-03; A Resolution of the City of Carmel Board of Public Works and Safety 157 Approving the Appointment of the Fire Chief’s Executive Assistants; Board Member Burke moved to 158 approve. Board Member Watson seconded. Request approved 2-0. 159 160 Request for Waiver of BPW Resolution No. 04-28-17-01/ Temporary Construction Entrance; Between 161 Carmel Drive and 111th Street; Board Member Burke moved to approve. Board Member Watson 162 seconded. Request approved 2-0. 163 164 Request for Waiver of BPW Resolution No. 04-28-17-01/ Lane Restriction; 889 Bridle Circle; Board 165 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 166 167 Request for Waiver of BPW Resolution No. 04-28-17-01/ Path Closure; 307 East City Center Drive; 168 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 169 170 Request for Waiver of BPW Resolution No. 04-28-17-01/ Lane Restrictions; 1705 W 116th Street; 171 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 172 173 Request for Lane & Road Closure/ Sidewalk Closure/Open Pavement Cuts; 175 S Rangeline Road; 174 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 175 176 Request for Waiver of City Code 6-145 (Application of Outdoor Burning Regulations); 4100 W 121st 177 Street; Board Member Burke moved to approve. Board Member Watson seconded. Request approved 178 2-0. 179 180 Request for Stormwater Technical Standards Waiver; Irsay Pond, 116th & Clay Center Road; Board 181 Member Burke moved to approve. Board Member Watson seconded. Request approved 2-0. 182 183 Request for Consent to Encroach and Variance; 12517 Brompton Road; Board Member Burke moved 184 to approve. Board Member Watson seconded. Request approved 2-0. 185 186 ADD-ONS 187 188 Crystal Edmondson, Operations Manager for the Carmel Street Department, recommended awarding 189 the Quote for 23-STR-02 Reflecting Pool Painting to Knauss Property Services as they were the lowest, 190 responsive bidder. Board Member Burke moved to award the bid to Howard Asphalt, LLC in the amount 191 of $212,500.00. Board Member Watson seconded. Bid Award approved 3-0. 192 193 Board Member Burke moved to add-on and item to the agenda. Board Member Watson seconded. Motion 194 approved 2-0. 195 196 Request for Purchase of Goods and Services 197 Kenney Machinery, LLC; ($145,402.31); Equipment. 198 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 199 200 201 ADJOURNMENT 202 203 Board Member Burke adjourned the meeting at 10:07 a.m. 204 205 206 207 208 209 APPROVED: ____________________________________ 210 Sue Wolfgang – City Clerk 211 212 213 214 _____________________________________ 215 Mayor James Brainard 216 217 218 ATTEST: 219 220 __________________________________ 221 Sue Wolfgang – City Clerk 222 223 CzTfshfzHsfdivlijobu23;18qn-Nbs25-3134 Howard Asphalt LLC d/b/aHoward Companies Street Department - 2023 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 108575 Contract Not To Exceed $3,641,478.16 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 pursuant to or as part of that certain City of Carmel Street Department Bid Proposal Package for “23-STR-01 Paving Program” received by the City of Carmel Board of Public Works and Safety on or about February 15, 2023, 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. 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 S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services.docx:3/6/2023 1:54 PM\] 2 Howard Asphalt LLC d/b/aHoward Companies Street Department - 2023 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 108575 Contract Not To Exceed $3,641,478.16 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. 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. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services.docx:3/6/2023 1:54 PM\] 3 Howard Asphalt LLC d/b/aHoward Companies Street Department - 2023 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 108575 Contract Not To Exceed $3,641,478.16 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. 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 itis 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 AND City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Howard Asphalt LLC d/b/a Howard Companies 2916 Kentucky Ave Indianapolis, Indiana 46221 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. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services.docx:3/6/2023 1:54 PM\] 4 Howard Asphalt LLC d/b/aHoward Companies Street Department - 2023 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 108575 Contract Not To Exceed $3,641,478.16 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 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, 2023 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. 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. 27. IC 5-16-13. The provisions of IC 5-16-13 are hereby incorporated into this Agreement by reference. 28. DEBARMENT AND SUSPENSION 28.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services.docx:3/6/2023 1:54 PM\] 5 Howard Asphalt LLC d/b/aHoward Companies Street Department - 2023 Appropriation #2201 2201 43-502.00 Motor Vehicle Highway Fund; P.O. # 108575 Contract Not To Exceed $3,641,478.16 responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 28.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 29. IRAN CERTIFICATION. Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 29. 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. S:\\Contracts\\Departments\\Street\\2023\\Howard Asphalt LLC dba Howard Companies Goods and Services.docx:3/6/2023 1:54 PM\] 6 Exhibit A EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $1,000,000 each employee Bodily Injury by Accident/Disease: $1,000,000 each accident Bodily Injury by Accident/Disease: $1,000,000 policy limit Commercial General Liability: General Aggregate Limit (other than Products/Completed Operations): $6,000,000 Products/Completed Operations: $5,000,000 Personal & Advertising Injury Each Occurrence Limit: $5,000,000 Comprehensive Auto Liability (owned, hired and non-owned) Bodily Injury and Property Damage: $5,000,000 each occurrence Umbrella Excess Liability If a commercial umbrella liability policy is used to satisfy the minimum limits of liability requirements, the combined limits must equal these minimum limits of liability. 3/2/2023 HOWARD COMPANIES INDIANAPOLIS, IN 46221 - 108575 2916 KENTUCKY AVE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 372681 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 Matt Higginbotham 74602 2201Department:2201Fund:Motor Vehicle Highway FND 43-502.00Account: Resurfacing1 $3,641,478.16 $3,641,478.16Each 3,641,478.16SubTotal 3,641,478.16 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108575 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzTfshfzHsfdivlijobu21;19bn-Nbs24-3134 D. & L.S., Inc. d/b/a Office Keepers Fire Department - 2023 Appropriation #1120 101 43-509.00 Fund; P.O. #108579 Contract Not To Exceed $17,874.00 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. 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\D. L.S. Inc. dba Office Keepers Goods and Services (1).docx:3/6/2023 1:52 PM\] 2 D. & L.S., Inc. d/b/a Office Keepers Fire Department - 2023 Appropriation #1120 101 43-509.00 Fund; P.O. #108579 Contract Not To Exceed $17,874.00 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, itshall 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. 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\D. L.S. Inc. dba Office Keepers Goods and Services (1).docx:3/6/2023 1:52 PM\] 3 D. & L.S., Inc. d/b/a Office Keepers Fire Department - 2023 Appropriation #1120 101 43-509.00 Fund; P.O. #108579 Contract Not To Exceed $17,874.00 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 itis 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 AND City of Carmel Fire Department Office of Corporation Counsel 10701 N College Ave, Suite A One Civic Square Carmel, Indiana 46280 Carmel, Indiana 46032 If to Vendor: D. & L.S., Inc. d/b/a Office Keepers 8537 Bash Street, Suite 5 Indianapolis, Indiana 46250 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. 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 C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\D. L.S. Inc. dba Office Keepers Goods and Services (1).docx:3/6/2023 1:52 PM\] 4 D. & L.S., Inc. d/b/a Office Keepers Fire Department - 2023 Appropriation #1120 101 43-509.00 Fund; P.O. #108579 Contract Not To Exceed $17,874.00 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, 2023 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. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. 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. C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\D. L.S. Inc. dba Office Keepers Goods and Services (1).docx:3/6/2023 1:52 PM\] 5 Exhibit A OFFICEKEEPERS 8537 BASH ST, SUITE 5 INDIANAPOLIS, IN46250 PHONE (317) 577-6877 FAX (317) 577-2594 2-3-2023 Mark Gugel, Chief Jessie Baker Carmel FireDepartment 210Veterans Way Carmel, IN46032 Dear Chief Gugel, MsBaker, Thank youforincluding OfficeKeepers inyour consideration forthecleaning services of theFireDepartment Headquarters inCarmel. Office Keepers hasbeen servicing itscustomers inCentral Indiana since 1988 andprides itself on offering quality, dependable service withaÐhands onÑapproach by our management team. Ouroffice isfully staffed duringbusiness hours toserve ourcustomers andtoanswer any questions theymayhave regarding service. After business hours, allsupervisors and managers canbereached 24hours bycellular phone. Office Keepers isfullyinsured upto $3,000,000liability andproperty damage toprotect ourcustomers. Once again, thank youforthisopportunity andifyoushould have anyquestions regarding anyoftheinformation provided please donothesitate tocallme. Sincerely, Dave Spinks President OFFICE KEEPERS 8537BASH ST, SUITE5 INDIANAPOLIS, IN46250 317) 577-6877 fax (317)577-2594 SERVICE CONTRACT COMPANY: Carmel Fire Department ADDRESS: 210 Veterans Way CITY: Carmel STATE: IN ZIP: 46032 GENERAL SERVICE SPECIFICATION: We propose toprovide supervised janitorial service perattached jobspecification. Allwork tobeperformed inaworkmanlike manner. Anydeletions/additions tobereflected inpricechange. Servicetobecompletedincludesjanitorial servicesaccordingtoattached cleaningspecs Serviceistobecompletedona3dayperweekbasis, generallyscheduledfor MondayWednesdayandFriday, servicetostartat mutuallyagreeabletimes. Otherservicesavailableuponrequest: commercialfloorcare, carpetcleaning, windowcleaning, projectcleaning, construction cleaning Monthlypricefortheproposedservices st1floor $722/month for3x/weekservice, $1204/month for5x/weekservice nd2floor $1264/monthfor3x/week servce, $2107/monthfor5x/weekservice OfficeKeeperswillsupplycleaningsuppliessuchaswindowcleaner, bowl cleaneretc. CFDistosupplypaper suppliessuchastrash liners, handtowels, toiletpaper, handsoapetc. TERMS: NET DUE UPON RECEIPT A. OfficeKeepersherebyagreestoprovidelaborandsupervision necessarytomaintainthe describedbuildingasindicated. B. Thiscontractmaybeterminatedbyeitherparty witha30daywrittennoticeatanytimeafter thefirst30days ofthestartofservice. C. Ourcompanyisbonded, ouremployees arefullycoveredbyWorkmanÓsCompensation andour equipmentbyfullliabilityandpropertydamages ($3,000,000.00 coverage). D. Uponterminationofthisagreement, youwillnotemployorcontactany personsemployedby OfficeKeepers duringthisagreementto performanyservicesherein, within sixmonthsof termination. E. Intheeventofcustomerdefaulttopaysaid price, inaccordance withthetermsindicated and whethera lawsuitisinstitutedornot, thecustomer agreestopayallcollectionexpenses, attorney fees, andcourtcosts. ACCEPTEDBY: ______________________________________________ DATE: ________________ 2 OPERATIONAL PLAN FOR CARMEL FIRE I. Nightly cleaning a. Scheduled for 3 days per week, Monday Wednesday and Friday, evening service Service is to start each evening not before 5:00 pm. b. c. Cleaning is to be completed primarily after the close of business. II. Supplies a. Office Keepers is to supply cleaning supplies to include bowl cleaner, window cleaner, cleaning rags as needed. b. CFD is to supply useable supplies such as hand towels, toilet paper, trash liners, hand soap etc. c. CFD is to provide trash dumpster for all bags of trash and other materials needing disposal. d. Office Keepers will provide and maintain needed vacuums, trash barrels, mop buckets and wringers, mops and other needed equipment. III. Areas of cleaning a. FirstFloor i. Administrative areas ii. Conferencerooms iii. Kitchenandbreakroom area iv. Offices v. Entrancearea vi. Stairwells vii. Restrooms b. SecondFloor i. Administrative areas ii. Conferencerooms iii. Kitchenandbreakrooms iv. Commonareas v. Restrooms vi. Offices 3 CLEANING SPECS FOR CARMEL FIRE I. Lobby, Hallways, Entrance Area a. Empty off trash receptacles, replace liners as needed b. Vacuum carpets and rugs daily c. Vacuum hard surface floors, damp mop entrances and hallways daily d. Spot clean glass in doors in entrance area daily e. Dust or wipe reception area counters daily II. Office areas, conference rooms, administration areas a. Vacuum carpeted areas b. Vacuum mop hard surface floors, damp mop daily c. Empty trash receptacles daily, replace liners as needed d. Dust horizontal areas that are reachable monthly e. Clean vertical surfaces as possible, light switches etc monthly f. Empty recycling bins as needed III. Break Room a. Empty all trash and replace liners daily b. Clean all sinks and countertops daily c. Clean tables and eating areas daily d. Sweep and damp mop hard surface floors daily e. Dust reachable surfaces monthly f. Wipe appliance fronts as needed g. Clean microwaves daily IV. Restrooms and locker rooms a. Empty all trash and replace liners daily b. Clean all sinks, counters and mirrors daily c. Clean and sanitize all restroom fixtures including toilets, urinals, showers daily d. Clean and sanitize all bright work daily e. Refill all dispenses including T.P, towels, soap etc. daily f. Vacuum and mop all hard floors daily 4 OFFICE KEEPERS INFORMATION D.&L.S. inc DBA Office Keepers 8537 Bash St, Suite 5 Indianapolis, IN 46250 www.indyofficekeepers.com 317-577-6877 office 317-577-2594 fax Dave Spinks Owner 317-590-5242 Cell dave@indyofficekeepers.com Angel Novoa Operations Manager 317-440-1565 Cell angel@indyofficekeepers.com Amy Rapala Office Manager amy@indyofficekeepers.com Company Insurance, maintained thru EMC commercial insurance, certificate of insurance available as requested Office Keepers is a family owned janitorial services company operating in central Indiana. It has been under the same ownership since April of 1997. It services customers in all types of businesses including everything from medical offices to trucking terminals. All work is done by Office Keepers employees, we do not subcontract our services. 5 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 3/6/2023 OFFICE KEEPERS SUITE 5 INDIANAPOLIS, IN 46250 - 108579 8537 BASH STREET City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Cleaning - Admin Building 1st/2nd Floor Carmel Fire Department 10701 N. College Avenue, Ste A Carmel, IN 46280- 372218 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74700 1120Department:101Fund:General Fund 43-509.00Account: Cleaning 1st Floor - Admin Building - 3 x per week - Per Month 9 $722.00 $6,498.00Each Cleaning 2nd Floor - Admin Building - 3 x per week - Per Month 9 $1,264.00 $11,376.00Each 17,874.00SubTotal 17,874.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108579 ORDERED BY TITLE CONTROLLER Carmel Fire Department 2 Civic Square Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator CzTfshfzHsfdivlijobu3;54qn-Nbs25-3134 Ellis OD, LLC Community Relations Department - 2023 Appropriation #1203 101 43-570.04 Fund; P.O. #108344 Contract Not To Exceed $4,000.00 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. 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:\\Contracts\\Departments\\Community Relations\\2023\\Ellis OD, LLC Goods and Services.docx:3/8/2023 2:59 PM\] 2 Ellis OD, LLC Community Relations Department - 2023 Appropriation #1203 101 43-570.04 Fund; P.O. #108344 Contract Not To Exceed $4,000.00 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. 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. S:\\Contracts\\Departments\\Community Relations\\2023\\Ellis OD, LLC Goods and Services.docx:3/8/2023 2:59 PM\] 3 Ellis OD, LLC Community Relations Department - 2023 Appropriation #1203 101 43-570.04 Fund; P.O. #108344 Contract Not To Exceed $4,000.00 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 AND City of Carmel Community Relations Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: Ellis OD, LLC 3759 E Carmel Drive Carmel, Indiana 46033 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. 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 S:\\Contracts\\Departments\\Community Relations\\2023\\Ellis OD, LLC Goods and Services.docx:3/8/2023 2:59 PM\] 4 Ellis OD, LLC Community Relations Department - 2023 Appropriation #1203 101 43-570.04 Fund; P.O. #108344 Contract Not To Exceed $4,000.00 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, 2023 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. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. 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. S:\\Contracts\\Departments\\Community Relations\\2023\\Ellis OD, LLC Goods and Services.docx:3/8/2023 2:59 PM\] 5 Sfcfddb!Fmmjt Qsjodjqbm 418:39325 1402303134 Exhibit A Cbdlhspvoe! Pckfdujwft! Tubufnfou!pg!XpslBqqspbdi!up!Xpsl! Efmjwfsbcmf!Nbufsjbmt! Fohbhfnfou!Sftpvsdft! Es/!FmmjtÉt!tvqfsqpxfs!jt!tjnqmjgzjoh!dpnqmfy!dibmmfohft/!Nboz!ibwf!sfgfssfe!up!ifs! bt!b!ÆNbdHzwfsÇ!evf!up!ifs!qsbdujdbm-!dptu!fggfdujwf!bqqspbdi!uibu!jt!hspvoefe!jo! uifpsz!boe!tusbufhjdbmmz!tibqfe!up!cf!nptu!jnqbdugvm!qpttjcmf/!Sfcfddb!ibt!tqfou! b!dbsffs!jo!Ubmfou!Efwfmpqnfou!tubsujoh!gjstu!bt!b!njeemf!tdippm!nbui!ufbdifs/! Tjodf!uibu!ujnf-!Sfcfddb!ibt!dsfbufe!boe!mfbe!mfbsojoh!'!dibohf!ufbnt!jo! gbnjmz.pxofe-!qvcmjdmz!usbefe-!boe!Gpsuvof!611!pshboj{bujpot/!Tif!ibt!xpslfe!jo!b! wbsjfuz!pg!joevtusjft!tvdi!bt!nbovgbduvsjoh-!gjobodjbm-!Bh-!dpotusvdujpo-!fofshz!boe! ifbmuidbsf/!Sfcfddb!opx!tqfoet!ifs!ebzt!fyufsobmmz!dpotvmujoh!xjui!pshboj{bujpot! pg!bmm!uzqft!boe!tj{ft/!! Gff!Tdifevmf! Dpnqmfujpo!Dsjufsjb! Djuz!pg!DbsnfmFmmjt!PE-!MMD EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 002 0CityofCarmel FEDERAL EXCISE TAX EXEMPT 108344 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 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 12/16/2022376055 ELLIS OD LLC COMMUNITY RELATIONS VENDORSHIP3759ECARMELDRIVE 1 CIVIC SQ TO Carmel, IN 46032- CARMEL, IN 46033 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 72707 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-570.04 Each1PROFESSIONAL SERVICES - DEPARTMENT $5,000.00$5,000.00 ORGANIZATIONAL WORKSHOPS Sub Total 5,000.00 Send Invoice To: COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 5,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY 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 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy Heck TITLEDirector CONTROL NO. 108344 CONTROLLER RESOLUTION NO. BPW 04-05-23-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement - LocalRoads and Bridges Matching Grant Agreement - #70237.docx3/15/2023 2:26PM CzTfshfzHsfdivlijobu23;43qn-Nbs24-3134 LOCAL ROADS AND BRIDGES MATCHING GRANT AGREEMENT Contract #0000000000000000000070237 This Grant Agreement (this "Grant Agreement"), entered intoby and between the Indiana Department of Transportation (the "State") and CITY OF CARMEL, aLocal Unit,(the "Grantee"), is executed pursuant to theterms and conditions setforth herein. Inconsideration ofthose mutual undertakings and covenants, theparties agree as follows: 1. Purpose of this Grant Agreement; Funding Source. The purpose of this Grant Agreement is to enable the State to award aGrant of $1,000,000.00 (the "Grant"), representing 50% of the eligible costs of the project (the "Project") described in Attachment Aof this Grant Agreement, which isincorporated fully herein. The funds shall be used exclusively inaccordance with the provisions contained in thisGrant Agreement and in conformance with Indiana Code ch. 8-23-30 establishing the authority to make this Grant, as well as any rules adopted thereunder. The funds received by the Grantee pursuant to this Grant Agreement shall be used only to implement the Project or provide the services in conformance with this Grant Agreement and forno other purpose. FUNDING SOURCE: State Funds: Program Title: Local Road and Bridge Matching Grant Fund (I.C. ch. 8-23-30). 2. Representations andWarranties of the Grantee. A. The Grantee expressly represents and warrants to the State that itisstatutorily eligible toreceive these Grant funds and that the information setforth in its Grant Application istrue, complete,and accurate. The Grantee expressly agrees to promptly repay all funds paid to itunder this Grant Agreement should itbe determined either that itwas ineligible to receive the funds, or itmade any material misrepresentation on its grant application. B. The Grantee certifies by entering into this Grant Agreement that neither itnor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Grant Agreement byany federal orstate department or agency. The term "principal" for purposes of this Grant Agreement isdefined as an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or aperson who has acritical influence on or substantive control over the operations ofthe Grantee. C. The Grantee hascommitted matching funds from one of the following revenue sources in accordance with Ind. Code § 8-23-30-3: (1) any money the local unit is authorized to use foralocal road or bridge project; (2) special distribution oflocal income tax under Ind. Code § 6-3.6-9-17; or (3) local rainy-day fund under Ind. Code § 36-1-8-5.1. D. The Grantee uses anapproved transportation asset management plan on file with the State. 3. Implementation of and Reporting on theProject. The Grantee shall implement andcomplete the Project in accordance with Attachment Aand with the plans and specifications contained in its Grant Application, which is on file with the State and is incorporated by reference. Modification of the Project shall require prior written approval of the State. 4. Term. This Grant Agreement commences on the date approved by the State Budget Agency andshall remain in effect fortwo (2) years. Unless otherwise provided herein, itmay be extended upon the written agreement of the parties and inconformance with Ind. Code § 5-22-17-4, and aspermitted by Ind. Code ch. 8-23-30. Page 1of 9 The Grantee understands that the Grantee must procure materials and/or acontractor for the Project no later than four (4) months from the date ofthe award letter, attached hereto as Attachment B and incorporated fully herein. Ifthe Grantee fails to procure acontractor by four (4) months from the date of the award letter, the Grantee forfeits the Grant, the grant funds shall not be distributed to the Grantee but shall be redistributed as all other funds under Indiana Code ch. 8-23-30. 5. Grant Funding. Pursuant to Ind. Code ch. 8-23-30, the Grantee agrees tothe following: A. Itmay use the State funds only for the Project described inAttachment A; B. If ituses the grant funds for any purpose other than construction of the Project as described in Attachment A, the Grantee: i. must immediately repay all grant funds provided to theState; and ii. may not participate in the grant program during thesucceeding calendar year. C. Itshall provide local matching funds equal tonotless than 50%of the estimated project cost; D. Disbursement of grant funds will not be made until the Grantee'ssubmission of an accepted/awarded Project Material Bid and/or an executed contract with the contractor; E. The State'sparticipation in the Project isstrictly limited to the grant funds awarded herein. The Grantee understands and agrees thatthe State is under no obligation to payfor or participate in any cost increases, change orders, cost overruns or additional Project expenses of any kind. 6. Payment of Claims. A. Ifadvance payment of all oraportion of the Grant funds ispermitted bystatute orregulation, and the State agrees to provide such advance payment, advance payment shall be made only upon submission of a proper claim setting outthe intended purposes of those funds. After such funds have been expended, Grantee shall provide State with areconciliation of those expenditures. Otherwise, allpayments shall be made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures. As required by IC § 4-13-2-14.8, all payments willbe by the direct deposit by electronic funds transfer to the financial institution designated by the Grantee in writing unless aspecific waiver has been obtained from the Indiana Auditor of State. B. Requests for payment will be processed only upon presentation of aClaim Voucher inthe form designated by the State. Such Claim Vouchers must be submitted with the budget expenditure report detailing disbursements of local funds. C. The State may require evidence furnished by the Grantee that substantial progress has been made toward completion of the Project prior to making the payment under thisGrant. All payments are subject to the State'sdetermination that theGrantee'sperformance to date conforms with the Project as approved, notwithstanding any other provision of this Grant Agreement. D. Pursuant to Ind. Code ch. 8-23-30, Local Road and Bridge Grant Funds made available to theGrantee by theState willbe used topay the Grantee for upto50% of the eligible Project costs and not more than 1million. The maximum amount of state funds allocated to the Project is $1,000,000.00. The Grantee understands that maximum amount of Local Road and Bridge Grant funds may not exceed more than $1 million for all qualifying projects the Grantee may have in acalendar year. E. Claims must be submitted with accompanying supportive documentation as designated by the State. Claims submitted without supportive documentation will bereturned to the Grantee and not processed for payment. Failure to comply with the provisions of this Grant Agreement may result in the denial of aclaim for payment. Page 2of 9 F. Pursuant to Ind. Code § 8-23-30-3, the Grantee's50% match shall be paid from oneof the identified revenue sources. The remainder of the Project costs greater than the total of the State'sgrant and the Grantee's 50% match shall be borne by the Grantee and may be paid how the Grantee chooses. In the interest of clarity and to avoid misunderstanding, the State shall not pay the Grantee for any costs relating to the Project except as specifically provided herein, unless the Parties enter into an amendment to this Grant Agreement. 7. Project Monitoring by theState. The State may conduct on-site or off-site monitoring reviews ofthe Project during the term of thisGrant Agreement and for up to ninety (90) days after itexpires or is otherwise terminated. The Grantee shall extend its full cooperation and give fullaccess to the Project site and torelevant documentation to the State or its authorized designees for the purpose of determining, among other things: A. whether Project activities are consistent with those set forth in Attachment A, the Grant Application, and the terms and conditions of the Grant Agreement; B. that Grantee ismaking timely progress with the Project, and that its project management, financial management and control systems, procurement systems and methods, and overall performance are in conformance with the requirements set forth in this Grant Agreement and are fully and accurately reflected in Project reports submitted tothe State. 8. Compliance with Audit and Reporting Requirements; Maintenance of Records. A. The Grantee shall submit to an audit of funds paid through this Grant Agreement and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement and for aperiod of three (3) years after final payment for inspection by the State or its authorized designee. Copies shall befurnished to theState at no cost. B. Ifthe Grantee isa "subrecipient" of federal grant funds under 2C.F.R. 200.331, Grantee shall arrange for afinancial and compliance audit that complies with 2 C.F.R. 200.500 et seq. ifrequired by applicable provisions of 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements). C. The Grantee shall file the annual financial report required by Ind. Code § 5-11-1-4in accordance with the State Board of Accounts Uniform Compliance Guidelines forExamination of Entities Receiving Financial Assistance from Governmental Sources. All grant documentation shall be retained and made available to the State Board of Accounts ifand when requested. D. A final audit construction invoice detailing the actual costs ofconstruction and proof of payment tothe contractor must be submitted to the State within thirty (30) days of completion of the Project. Iffor any reason, including overpayment of grant funds to the Grantee, theGrantee isrequired to repay to the State the sum or sums of state funds paid to the Grantee under the terms of this Grant Agreement, then the Grantee shall repay to the State such sum or sums within forty-five (45) days after receipt of a billing from the State. Payment for any and all costs incurred by the Grantee which are not eligible for state funding shall be the sole obligation of the Grantee. E. Iffor any reason theState finds noncompliance and requires a repayment of state funds previously paid to the Grantee, theGrantee isrequired to submit such sum or sums within thirty (30) days after receipt of a billing from the State. IftheGrantee hasnot paid the full amount due within sixty (60) calendardays past the duedate, the State may proceed in accordance with Ind. Code § 8-14-1-9tocompel the Auditor of the State of Indiana to make amandatory transfer of funds for the Grantee'sallocation of the Motor Vehicle Highway Account to the State'sLocal Road and Bridge Matching Grant Fund account until the amount due has been repaid. 9. Compliance with Laws. A. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. Page 3of 9 The enactment or modification of anyapplicable state or federal statute or the promulgation of rules or regulations thereunder after execution of thisGrant Agreement shall be reviewed by the State and the Grantee to determine whether the provisions of this Grant Agreement require formal modification. B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with theState asset forth in IC § 4-2-6, et seq., IC § 4-2-7, et seq. and the regulations promulgated thereunder. Ifthe Grantee has knowledge, or would have acquired knowledge with reasonable inquiry, that astate officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has afinancial interest in the Grant, the Grantee shall ensure compliance with the disclosure requirements in IC § 4-2-6-10.5prior to the execution ofthis Grant Agreement. If the Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the Indiana State Ethics Commission or visit the Inspector General'swebsite at http://www.in.gov/ig/. Ifthe Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Grant immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws. C. TheGrantee certifies by entering into this Grant Agreement that neither itnor its principal(s) ispresently in arrears in payment of taxes, permit feesor other statutory, regulatory or judicially required payments to the State. The Grantee agrees that any payments currently due to the State may be withheld from payments dueto the Grantee. Additionally, payments may be withheld, delayed, or denied and/or this Grant suspended until the Grantee is current in its payments and has submitted proof of such payment to the State. D. The Grantee warrants that ithas no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that it will immediately notify the State of any such actions. During the term of such actions, the Grantee agrees that the State may suspend funding for the Project. Ifa valid dispute exists as to the Grantee'sliability or guilt in any action initiated by the State or itsagencies, andthe State decides to suspend funding to the Grantee, the Grantee may submit, in writing, arequest for review to theIndiana Department of Administration (IDOA). A determination by IDOA shall be binding on the parties. Any disbursements that theState may delay, withhold, deny, or apply under this section shall notbe subject topenalty or interest. E. The Grantee warrants that the Grantee and any contractors performing work inconnection with the Project shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, andenvironmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so may be deemed a material breach of this Grant Agreement and grounds for immediate termination and denial of grant opportunities with the State. F. The Grantee affirms that, if itisan entity described in IC Title 23, itisproperly registered and owes no outstanding reports to the Indiana Secretary ofState. G. As required by IC § 5-22-3-7: 1) The Grantee and any principals of the Grantee certify that: A) theGrantee, except for de minimis and nonsystematic violations, has not violated the terms of: i) IC § 24-4.7 \[Telephone Solicitation of Consumers\]; ii) IC § 24-5-12 \[Telephone Solicitations\]; or iii) IC § 24-5-14 \[Regulation of Automatic Dialing Machines\]; in theprevious three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and B) the Grantee willnot violate the terms of IC§ 24-4.7for the duration of this Grant Agreement, even ifIC §24-4.7ispreempted by federal law. Page 4of 9 2) The Grantee and any principals of the Grantee certify that an affiliate or principal of the Grantee and any agent acting on behalf ofthe Grantee oron behalf of an affiliate or principal of the Grantee, except for de minimis and nonsystematic violations, A) has not violated the terms ofIC § 24-4.7in the previous three hundred sixty- five (365) days, even ifIC § 24-4.7is preempted by federal law; and B) will not violate the terms of IC§ 24-4.7for the duration of this Grant Agreement even ifIC § 24-4.7ispreempted by federal law. 10. Debarment andSuspension. A. The Grantee certifies by entering into this Grant Agreement that itisnot presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Grant by any federal agency or by any department, agency or political subdivision of the State. Theterm "principal" for purposes ofthis Grant Agreement means anofficer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or aperson who has acritical influence on or substantive control over the operations ofthe Grantee. B. The Grantee certifies that ithas verified the suspension and debarment status for all subcontractors receiving funds under this Grant Agreement and shall be solely responsible for any recoupments or penalties that might arise from non-compliance. The Grantee shall immediately notify the State ifany subcontractor becomes debarred or suspended, and shall, at the State's request, take all steps required by the State to terminate its contractual relationship with the subcontractor for work to be performed under this Grant Agreement. 11. Drug-Free Workplace Certification. As required by Executive Order No. 90-5, April 12, 1990, issued by theGovernor of Indiana, the Grantee hereby covenants and agrees to make agood faith effort to provide and maintain adrug-free workplace. Grantee will give written notice tothe State within ten (10) days after receiving actual notice thatthe Grantee, or an employee of the Grantee in the State of Indiana, has been convicted of acriminal drug violation occurring inthe workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of grant payments, termination of theGrant and/or debarment of grant opportunities with the State of Indiana forup to three 3) years. In addition tothe provisions ofthe above paragraphs, if the total amount set forth in this Grant Agreement isin excess of $25,000.00, the Grantee certifies and agrees that itwill provide adrug-free workplace by: A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of acontrolled substance is prohibited in the Grantee's workplace and specifying the actions that will betaken against employees for violations of such prohibition; and B. Establishing adrug-freeawareness program to inform its employees of: (1) the dangers of drug abuse in the workplace; (2) the Grantee'spolicy of maintaining adrug-free workplace; 3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) thepenalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; and C. Notifying all employees in the statement required by subparagraph (A) above thatas a condition of continued employment the employee will: (1) abide bythe terms of the statement; and (2) notify the Grantee of any criminal drug statute conviction for aviolation occurring in the workplace no later than five (5) days after such conviction; and D. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; and Page 5of 9 E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions orremedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up toand including termination; or (2) require such employee to satisfactorily participate in adrug abuse assistance or rehabilitation program approved for such purposes by afederal, state or local health, law enforcement, or other appropriate agency; and F. Making agood faith effort to maintain adrug-free workplace through theimplementation of subparagraphs (A) through (E) above. 12. Employment Eligibility Verification. Asrequired by IC § 22-5-1.7, the Grantee hereby swears or affirms under the penalties ofperjury that: A. The Grantee has enrolled and isparticipating inthe E-Verify program; B. The Grantee has provided documentation to the State that ithas enrolled and is participating in theE-Verify program; C. The Grantee does not knowingly employ an unauthorized alien. D. TheGrantee shall require its contractors who perform work under this Grant Agreement to certify to Grantee that the contractor does not knowingly employ orcontract with an unauthorized alien and that the contractor has enrolled and isparticipating in the E-Verify program. The Grantee shall maintain this certification throughout the duration of the term of a contract with acontractor. The State may terminate for default ifthe Grantee fails to cure abreach of this provision no later than thirty 30) days after being notified bythe State. 13. Funding Cancellation. As required by Financial Management Circular 3.3and IC § 5-22-17-5, when theDirector of the State Budget Agency makes awritten determination that funds arenot appropriated or otherwise available to support continuation of performance of this Grant Agreement, itshall be canceled. A determination by theDirector of the State Budget Agency that funds are not appropriated orotherwise available to support continuation ofperformance shall be final andconclusive. 14. Governing Law. This Grant Agreement shall be governed, construed, andenforcedin accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, ifany, must be brought in the State of Indiana. 15. Information Technology Accessibility Standards. Any information technology related products or services purchased, usedor maintained through this Grant must be compatible with the principles and goals contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information Technology Accessibility Standards can be found at: http://www.access-board.gov/508.htm. 16. Insurance. The Grantee shall maintain insurance with coverages and in such amount as may be required by the State or as provided in its Grant Application. 17. Nondiscrimination. Pursuant to the Indiana Civil Rights Law, specifically IC § 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Grantee covenants that itshall notdiscriminate against any employee or applicant for employment relating to this Grant with respect to the hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee or applicant's: race, color, national origin, religion, sex, age, disability, ancestry, status as a Page 6of 9 veteran, orany other characteristic protected by federal, state, orlocal law ("Protected Characteristics"). Furthermore, Grantee certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. The Grantee understands that theState isa recipient of federal funds, and therefore, where applicable, Grantee and any subcontractors shall comply with requisite affirmative action requirements, including reporting, pursuant to41 CFR Chapter 60, asamended, and Section 202 of Executive Order 11246 as amended by Executive Order 13672. 18. Notice to Parties. Whenever any notice, statement or other communication isrequired under this Grant, itwill be sentby E-mail or first-class U.S. mail service to the following addresses, unless otherwise specifically advised. A. Notices to the State shall be sent to: Office of LPA/MPO and Grant Administration Attention: Director of LPA/MPO and Grant Administration 100 North Senate Avenue, Room N758-LPA Indianapolis, IN 46204 E-mail: indotlpampo@indot.in.gov With acopy to: Chief Legal Counsel/Deputy Commissioner Indiana Department of Transportation 100 NSenate Avenue, Room N758-Legal Indianapolis, IN 46204-2216 B. Notices to the State regarding project management shall be sent torespective District Office: Kelcie Bishop Greenfield District 32 S. Broadway St. Greenfield, IN 46140 Email: kebishop@indot.in.gov C. Notices to the Grantee shall be sent to: City of Carmel ATTN: Jim Brainard One Civic Sq Carmel, IN 46032 Email: jbrainard@carmel.in.gov As required by IC § 4-13-2-14.8, payments to the Grantee shall be made via electronic funds transfer in accordance with instructions filed by the Grantee with the Indiana Auditor ofState. 19. Order of Precedence; Incorporation byReference. Any inconsistency or ambiguity in this Grant Agreement shall be resolved by giving precedence inthe following order: (1) this Grant Agreement, (2) Exhibits prepared by the State, (3) Invitation toApply for Grant; (4) the Grant Application; and (5) Exhibits prepared by Grantee. All ofthe foregoing are incorporated fully herein by reference. Page 7of 9 20. Public Record. The Contractor acknowledges that the State will nottreat this Grant as containing confidential information and will post this Grant on the transparency portal as required by Executive Order 05-07 and IC § 5-14-3.5-2. Useby the public of theinformation contained in this Grant shall not be considered an act of the State. 21. Termination for Breach. A. Failure to complete the Project and expend State, local and/or private funds in accordance with this Grant Agreement may be considered amaterial breach, and shall entitle the State to suspend grant payments, and to suspend the Grantee'sparticipation in State grant programs until such time as allmaterial breaches are cured to theState'ssatisfaction. B. The expenditure of State or federal funds other than inconformance with the Project or the Budget may be deemed a breach. The Grantee explicitly covenants thatit shall promptly repay to the State all funds not spent in conformance with this Grant Agreement. 22. Termination for Convenience. Unless prohibited by astatute orregulation relating tothe award of the Grant, this Grant Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination isin the best interest of the State. Termination shall be effected by delivery to the Grantee of aTermination Notice, specifying the extent to which such termination becomes effective. The Grantee shall be compensated for completion of the Project properly done prior to the effective date of termination. The State will not be liable for work on the Project performed after the effective date of termination. In no case shall total payment made to the Grantee exceed the original grant. 23. Travel. Noexpenses fortravel will be reimbursed unless specifically authorized by this Grant. 24. Provision Applicable to Grants with tax-funded State Educational Institutions: "Separateness" of the Parties. The State acknowledges and agrees that because of the unique nature of State Educational Institutions, theduties and responsibilities ofthe State Educational Institution in these Standard Conditions for Grants arespecific tothedepartment or unitofthe State Educational Institution. The existence or status of anyone contract or grantbetween the State andthe State Educational Institutionshallhave noimpact on theexecution or performance of any other contract or grant and shall not form the basis for termination of anyother contract or grantbyeither party. 25. State Boilerplate Affirmation Clause. Iswear or affirm under the penalties of perjury thatIhave not altered, modified, changed or deleted the State'sstandard contract clauses (ascontained in the 2022 SCM Template) in any way except as follows: Payment of Claims; the Compliance with Audit and Reporting Requirements; Maintenance ofRecords were modified to include statutory and program requirements. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8of 9 Non-Collusion, Acceptance The undersigned attests, subject to the penalties for perjury, that the undersigned is the Grantee, or that the undersigned isthe properly authorized representative, agent, member or officer of the Grantee. Further, to the undersigned'sknowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the Grantee, directly or indirectly, hasentered into or been offered any sum of money or other consideration for the execution of thisGrant Agreement other than that which appears upon the face hereof. Furthermore, ifthe undersigned has knowledge that astate officer, employee, or special state appointee, as those terms are defined in IC § 4-2-6-1, has afinancial interest in the Grant, the Grantee attests to compliance with the disclosure requirements inIC § 4-2-6-10.5. Agreement to Use Electronic Signatures Iagree, anditismy intent, to sign this Grant Agreement by accessing State ofIndiana Supplier Portal using the secure password assigned to me and by electronically submitting this Grant Agreement to the State of Indiana. Iunderstand that my signing and submitting this Grant Agreement in this fashion isthe legal equivalent of having placed my handwritten signature on the submitted Grant Agreement and this affirmation. Iunderstand and agree thatby electronically signing and submitting thisGrant Agreement in this fashion Iam affirming to thetruth of the information contained therein. Iunderstand that this Grant Agreement will not become binding on the State until ithas been approved by the Department of Administration, the State Budget Agency, and the Office of the Attorney General, which approvals will be posted on the Active Contracts Database: https://secure.in.gov/apps/idoa/contractsearch/ In Witness Whereof, the Grantee and the State have, through their duly authorized representatives, entered into thisGrant Agreement. Theparties, having read andunderstood the foregoing terms of this Grant Agreement, doby their respective signatures dated below agree to the terms thereof. CITY OF CARMEL Indiana Department of Transportation By:\\s1\\ ___________________________ By:\\s2\\______________________ Title:\\t1\\______________________________ (for) Michael Smith, Commissioner Date:\\d1\\_________________________ Date:\\d2\\_____________________ Electronically Approved by: Electronically Approved by: Department of Administration State Budget Agency By: (for) Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director Approved as to Form and Legality: Form approval has been granted by the Office of theAttorney General pursuant to IC 4-13-2-14.3(e) on October 7, 2022. FA 22-55 Thisinstrument waspreparedbytheundersignedattorney: Marjorie AMillman, #21748-36 Page 9of 9 ATTACHMENT A PROJECT DESCRIPTION Des. No.: 2201338 Program: Local Roads and Bridges Matching Grants Type of Project: Pavement Replacement Location: RouteName From To COLLEGEAVE 96thStreet 106thStreet Application ID: 12251 Ageneral scope/description of the Project isas follows: This project consists of thereconstruction of College Avenue from just north of 96th Street to just south of 106th Street. This will bea complete reconstruction of theroadway with added enclosed storm sewer and the additional of multi-usepaths on both sides of the roadway. The roadway will remain atwo-lane roadway with the additional ofalandscaped median for access management controls. The maximum amount of state funds allocated to the Project is $1,000,000.00. Page 1of 1 ATTACHMENT B AWARD LETTER Page 1of 1 CzTfshfzHsfdivlijobu4;54qn-Nbs27-3134 Exhibit A Noon) 3/7/2023 A CUT ABOVE CATERING SUITE 104 CARMEL, IN 46032 - 108585 12955 OLD MERIDIAN ST City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION CATERING FOR HOLOCAUST REMEMBRANCE CEREMONY COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 376851 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74737 1203Department:101Fund:General Fund 43-590.03Account: CATERING FOR HOLOCAUST REMEMBRANCECEREMONY1 $3,074.18 $3,074.18Each 3,074.18SubTotal 3,074.18 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108585 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck Director CzTfshfzHsfdivlijobu4;54qn-Nbs27-3134 Exhibit A Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 108589 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FORCITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION FIREWORKS DISPLAY3/8/2023376386 PYROTECNICO FIREWORKS INC COMMUNITY RELATIONS VENDORSHIP299WILSONROAD 1 CIVIC SQ TO Carmel, IN 46032- NEW CASTLE, PA 16101 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 74757 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1FIREWORKS DISPLAY$79,500.00$79,500.00 Sub Total 79,500.00 Send Invoice To: COMMUNITY RELATIONS 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 79,500.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy HeckJames Crider TITLEDirectorDirector of Administration CONTROL NO. 108589 CONTROLLER CzTfshfzHsfdivlijobu4;54qn-Nbs27-3134 Exhibit A DATE PROPOSAL3/7/2023 SERVICE LOCATIONBILLING ADDRESSCUSTOMER CONTACT INFORMATIONBRANCH ADDRESS Crystal EdmondsonMAINSCAPE, INC. Carter Green&CityHall.3400 West 131st. 13418Britton ParkRoadCarmel,IN46074 317)733-2001 Fishers, IN46038Alt: cedmondson@carmel.in.gov PROPERTY NAMEWORK ORDER #PROPOSED BYBRANCH CONTACT Phone: (317) 577-3155BenRoblesFax: (317) 577-3161 SERVICE CODE ANDDESCRIPTION 1524 - SODINSTALLATION DISCRIPTION sod 16,890sq ft oncarter green and cityhall. SPECIFICS, DESCRIPTION, & INSTRUCTIONS SIZE QTY.UOMUNIT PRICETOTAL strip andresod 16,890sqftshown onmap, includes 1inchoftop soiloverentire areas.16,890SF$ 1.50 $ 25,335.00 Notes: TOTAL*:$ 25,335.00 TAXISNOT INCLUDED Conditions: The above price is good for 30 days from date of proposal. Any additional trips to the site caused by the customer for reasons uncontrolled by Mainscape, Inc. will result in a $65.00 trip charge’ per event. No warranty on transplanted material. All material is guaranteed to be as specified. Transplanted plant material is not covered under warranty. All work is to be completed in a workmanlike manner according to standard practices. Mainscape will be responsible for coordinating the marking of public utilities. Any private underground utilities not covered by Indiana 811 will be the responsibility of the owner to locate prior to the commencement of work. This would include underground irrigation and drainage, parking lot lights, private gas, water,or electric lines, etc. Mainscape assumes no responsibility for damage to any private utilities not located by owner. As an option, Mainscape can provide this service to the owner on a time and material basis. All agreements are contingent upon strikes, accidents, or other delays beyond our control. The purchaser is to carry fire, tornado, and other necessary insurance. Mainscape, Inc. is insured for workman's compensation, general liability, and automobile liability. Certificates of insurance are available upon request. Terms: Net due upon receipt, subject to a 2% per month late charge on past due accounts with costs incurred in collection of this contract, including reasonable attorney's fees, to be paid by the purchaser. Acceptance of Proposal: The above prices, specifications, method of payment, conditions and terms of payment are satisfactory and hereby accepted. Mainscape, Inc. is authorized to do the work as specified. Mainscape or Purchaser may cancel this contract at any time upon giving a 30-day notice or upon customer default of payment terms. Purchaser’s SignatureProposed By 3/7/2023BenRoblesOperationsManager Name Title DateName TitleDate 1432SA - ANNUAL FLOWERSCY 1481 - BUSHHOGGINGEA 1720 - IRRIGATION SERVICESCY 1521 - LANDSCAPE INSTALLATIONEA 1468 - LARGE TREE PRUNINGBALE 1445 - MISC FLOWER CARECF 1199 - MOWING OTHERCY 1451C - MULCH INSTALLATIONEA 1499 - OTHER LANDSCAPE MAINTHR 6360000 - REPAIR TO CUSTOMERLF 1524 - SOD INSTALLATIONLS 1443 - STORM CLEAN-UPSF 1240 - TREE STAKINGSY 2190000A - WARRANTY WORKTN Carmel Street Department Specifications 2023 Carter Green Sod Installation TheCityofCarmelisrequesting pricing forpurchase ofandinstallation ofRTF TallFescue sodattwo locations, listed below: 1. Carter Green, justSouth ofthePalladium (1Center Green, Carmel, IN46032). 2. CityHall (1Civic Square, Carmel, IN46032), South West ofSouthern Entry Doors, seemap Quote mustinclude pricing forsite workpreparations tobedone, including removal ofoldgrass and levelingoutthesitebefore theinstallation ofnew sod. Seeattached mapforspecified locations. The approximate square footage isbelow: CenterGreen: rdFarWestsideoftheproperty (between 3AveSWandsidewalk): 2areas totaling 400sqft Westsideofthe center sidewalk (where ice rinkcurrently is): 8,600sqft Eastsideofthe center sidewalk (nearamphitheater): 7,500sqft CityHall: West sidebed (neardumpster enclosure): 275sqft South-West area (nearhandicapped parking): 115 sqft Total Square Footage of Area for Sod Installation: 16,890 sq ft rdSodcanbegintobelaidonceicerinkandwintermarkethasbeenremoved (approximately April3, th2023). Contractor musthavesodcompletely installed byApril17, 2023. Contractor istoremove old grass, prepare site, purchase sodandperform installation. Please returnquote viaemailtoCrystal Edmondson atcedmondson@carmel.in.govby4:30pm 3/08/2023. Ifyouhaveanyquestions, please email orcallCarmel Street Department at317-733-2001. 3/15/2023 MAINSCAPE LANDSCAPING FISHERS,, IN 46038 - 108600 13418 BRITTON PARK ROAD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 00351837 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74985 1206Department:101Fund:General Fund 43-504.00Account: SodInstallation1 $25,335.00 $25,335.00Each 25,335.00SubTotal 25,335.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108600 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner CzTfshfzHsfdivlijobu6;35qn-Nbs28-3134 The Taylor Realty Group, P.C. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108582 Contract Not To Exceed $2,055.00 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. 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:\\Contracts\\Departments\\ENG\\2023\\The Taylor Realty Group, PC Goods and Services.docx:3/6/2023 1:20 PM\] 2 The Taylor Realty Group, P.C. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108582 Contract Not To Exceed $2,055.00 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. 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. S:\\Contracts\\Departments\\ENG\\2023\\The Taylor Realty Group, PC Goods and Services.docx:3/6/2023 1:20 PM\] 3 The Taylor Realty Group, P.C. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108582 Contract Not To Exceed $2,055.00 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 itis 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 AND City of Carmel Engineering Department Office of Corporation Counsel One Civic Square One Civic Square Carmel, Indiana 46032 Carmel, Indiana 46032 If to Vendor: The Taylor Realty Group, P.C. 3211 Annally Dr 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. 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 S:\\Contracts\\Departments\\ENG\\2023\\The Taylor Realty Group, PC Goods and Services.docx:3/6/2023 1:20 PM\] 4 The Taylor Realty Group, P.C. Engineering Department - 2023 Appropriation #2200 0 44-628.71 2020 Road Bond Fund; P.O. #108582 Contract Not To Exceed $2,055.00 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, 2023 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. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. 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. S:\\Contracts\\Departments\\ENG\\2023\\The Taylor Realty Group, PC Goods and Services.docx:3/6/2023 1:20 PM\] 5 Exhibit A Page 1 of2REALESTATESERVICESFEESCHEDULE RightofWayManagement Services RightofWayManagementServicesInclude: allprocesses, procedures, observations, dataentryinto LRS, andmanagementof allservicesneededtocleartherightofway, includingall ofthe necessary activities to certify the right of way that has to be acquired to clear the project(s) for construction. This shall be completed in accordance with federal and state law (including but not limitedtoFederalHighwayAdministrationrulesandregulations), thecurrentversionoftheINDOTRealEstateDivisionManual, andascontractedwithorotherwisedirectedbyINDOT.Thecurrent versionoftheINDOTRealEstateManual islocatedathttp://www.in.gov/indot/2493.htm. AllserviceslistedbelowshallberequiredwithintheRightofWayServicesManagementscopeof work. Report Type Fee RightofWayManagementservicesfee 1,310perparcel PublishingandPaymentfor Legal Notice on parcels 520perproject Valuation Services EarlyAssessmentReal EstateCostEstimateIncludes: all processes, proceduresand observationstocompleteaRealEstateCostEstimate assignment (includingbut notlimitedto completionof theINDOTRealEstate CostEstimateSpreadsheet) inaccordancewithfederalandstatelaw (includingbut notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionof theINDOTRealEstateDivisionManual, and ascontractedwithorotherwisedirectedbyINDOT. CompDocketsInclude: providing comparablesales data (including butnotlimitedtomarketdata research andrawsalesdata) or asotherwise requested byINDOTwithin thescopeof workfor Non- ReportServicesagreed uponatthetime ofassignment. Waiver ValuationsInclude: allprocesses, proceduresand observationsto complete awaiver valuation reportinaccordancewith federalandstate law (includingbutnotlimited toFederalHighway Administration rulesandregulations), thecurrentversion oftheINDOTReal EstateDivisionManual, andas contractedwithor otherwisedirectedbyINDOT. AppraisalReportsInclude: allprocesses, proceduresandobservationstocompletean appraisalreportofthetypebelow assignedbyINDOTinaccordance withfederalandstatelaw (including but notlimitedto FederalHighwayAdministration rulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT.Appraisal feesaredefinedand paidbasedonINDOTparcelandnotcountytaxidentification parcel. Non-Report Services Per Parcel Fee Early Assessment: Projects 50 parcels $145 Early Assessment: Projects > 50parcels negotiatedbaseduponcomplexity Comp Docket: Agricultural / ResidentialProperties: $270 Comp Docket: Commercial / SpecializedProperties: $550 Report Type 725WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 2,055ValueFinding: AnyPropertyType (ImprovedorUnimproved) 3,015ShortForm: AnyPropertyType (ImprovedorUnimproved) 3,375ShortForm: Residential / Ag (withaffected improvementsoratotaltake) 4,710ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor atotal take) 3,625LongForm: AnyPropertyType (Unimproved) 4,815LongForm: Residential / Ag (Improved) 12,050LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 695ExcessLandAppraisal ThespecificReportTypeaboveisdeterminedbyINDOTReviewAppraisersortheirsupervisorsaftertheAppraisalProblemAnalysishasbeencompleted. Review Valuation Services AppraisalProblemAnalysisIncludes: allprocesses, proceduresandobservationstocompleteanAppraisalProblemAnalysisinaccordance withfederalandstatelaw (includingbutnotlimitedto FederalHighway Administrationrulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith or otherwisedirectedbyINDOT. ReviewofWaiverValuationand/or AppraisalReportsInclude: allprocesses, proceduresandobservationstocompleteareviewofanappraisalreportorwaivervaluation reportin accordancewith federaland statelaw (includingbutnotlimited toFederalHighway Administrationrulesand regulations) thecurrent versionoftheINDOTRealEstateDivision Manual, and as contractedwithor otherwisedirectedbyINDOT. Appraisalfeesaredefinedandpaid basedonINDOTparceland notcountytaxidentification parcel. Per Parcel FeeReportType 270AppraisalProblemAnalysis (APA) 435WaiverValuation: AnyPropertyType (ImprovedorUnimproved) 1,035ValueFinding: AnyPropertyType (ImprovedorUnimproved) 1,445ShortForm: AnyPropertyType (Improvedor Unimproved) 1,630ShortForm: Residential / Ag (withaffectedimprovementsor atotal take) 2,300ShortForm: Commercial / Industrial / Multi-Family / Special / Billboard (withaffectedimprovementsor a totaltake) 1,725LongForm: AnyPropertyType (Unimproved) 2,280LongForm: Residential / Ag (Improved) LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 5,550 BuyingServices BuyingServicesInclude: all processes, proceduresandobservationstocompletethetotal orpartial acquisition of realestate, theobtainingof temporaryoraccess rights, or buyingreviewin accordancewithfederalandstatelaw (including but notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionoftheINDOT RealEstateDivision Manual,andas contractedwithorotherwise directedby INDOT. Report Type Per Parcel Fee 2,160Total/Partial Acquisition Temporary/Access Rights 1,800 MAP 21Offer - Total/PartialAcquisition 2,705 MAP21Offer - Temporary/AccessRights 2,345 BuyingReview 360 RelocationServices RelocationServicesInclude: all processes, proceduresandobservationstocompletetheactivitiesforrelocationof residentialor businessownersor tenants, orrelocationofpersonalproperty, or reviewof anysuchrelocation activitiesinaccordancewithfederalandstatelaw (including but notlimitedtoFederalHighway Administration rulesand regulations), thecurrentversionof theINDOT RealEstateDivisionManual, andascontractedwith orotherwise directedbyINDOT. ReportTypePayment Schedule Per Relocation Fee Payments: 1/3Relo/Appraisal meetingiscomplete, 1/390DayNotice is issued, 1/3parcelis closed $4,332ResidentialOwner / Tenant Payments: 1/3 Relo/Appraisal meetingis complete, 1/3 90DayNotice is issued, 1/3parcelis closedBusinessOwner / Tenant 4,332 PersonalProperty Only Payments: 1/3Relo/Appraisalmeetingis complete, 1/3 90 DayNoticeisissued, 1/3parcelis closed 1,815 ResidentialandBusiness 100% oncetheparceliscompliantandclosed. 1,205Review PersonalPropertyMove 460100% oncetheparceliscompliantandclosed. OnlyReview Property ManagementServices PropertyManagementServicesInclude: allprocesses, procedures, observations, dataentryintoLRS, andmanagementofallservicesneededtocompletetheparcel’sreadinessfordemolition. Thisshallbecompletedinaccordancewith federalandstatelaw (including but not limitedtoFederalHighwayAdministrationrules andregulations), thecurrentversionoftheINDOT RealEstate DivisionManual, andascontractedwithor otherwisedirectedbyINDOT. Thecurrentversion ofthe INDOTRealEstateManualislocated athttp://www.in.gov/indot/2493.htm. All serviceslisted below shallberequired withinPropertyManagementServices scopeofwork. Non-Report Services Per Parcel Fee 1,035PropertyManagementperparcelservicesfee 105PlacingRatBaitonstructure PlacingAppropriate Signson structure $210 Boarding Up Openingson structure AmountonWritten EstimateApprovedbyINDOT DebrisRemoval AmountonWrittenEstimateApprovedbyINDOT Report Type AsbestosSamplingand Analysis AmountonWritten Estimate Approved byINDOT Utility Disconnection Coordination & Verification AmountonWritten EstimateApproved byINDOT Page 2 of2 Theabove FeeSchedule will beeffective for allnew on-call realestate contract assignments (based onthe date thatPurchase Orders are issued) made onorafter January 1, 2023. TheFeeSchedule for (a) project-specific contracts that include any land acquisition services, and (b) contracts entered into under “Small Purchase Procedures” pursuant to Section 3.3.1ofINDOT’sProfessional Services Contract AdministrationManual willbeinaccordance with the payment terms inthe contracts and bethe FeeSchedule inplace onthe date the contract was approved bythe Attorney General ofIndiana. Any deviation inestablished fees from the above rules inthis paragraph will require (and shall notbe allowed without) written pre-approval from the Director orone of his orher Managers inINDOT’s Real Estate Department. REVISED: 1/1/2023 EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 March17, 2023 StatementonCompanyEmployees TheDJTaylorRealtyGroup, PCisaprofessionalcorporationwith2partnersandnoemployees. DebraJ. Taylor President lJ// City ®f Carmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 1 PURCHASE E UMBER FEDERAL EXCISE TAX EXEMPT oO R EQR i! V V ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIR 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 3/3/2023 377074 560 3rd Ave SW - Appraisal Services THE TAYLOR REALTY GROUP PC City Engineering's Office VENDOR 3211 ANNALLY DR SHIP 1 Civic Square TO Carmel, IN 46032- CARMEL, IN 46032--9650 Laurie Slick PURCHASEID BLANKET CONTRACT PAYMENTTERMS FREIGHT 74644 QUANTITY UNIT OF MEASURE DESCRIPTION I UNIT PRICE EXTENSION Department. 2200 Fund: 0 Account: 44-628.71 1 Each Send Invoice To: Jill Newport CrossRoad Engineers, PC 115 N. 1711 Avenue Beech Grove, IN 46107 2020 Road Bond 560 3rd Ave SW - Appraisal Services 2,055.00 $2,055.00 Sub Total $2,055.00 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT PAYMENT $2,055.00 SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D SHIPMENT CANNOT BE ACCEPTED PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO ORDERED BY NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THEP O NUMBERISMADEA PART OF THE VOUCHER AND EERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108582 TITLE CONTROLLER Jeremy Kashman Director CzTfshfzHsfdivlijobu22;33bn-Nbs31-3134 Exhibit A Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 108607 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/16/2023358653 ENGLEDOW, INC Street Department VENDORSHIP1100E116THST 3400 W. 131st Street TO Carmel, IN 46074- CARMEL, IN 46032 - (317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 75025 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1206101General Fund Account: 43-504.00 1EachSophia Square Topiaries$49,301.00$49,301.00 Sub Total 49,301.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 49,301.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN 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 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 108607 CONTROLLER RESOLUTION NO. BPW 04-05-23-02 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Flock GroupInc.docx3/20/202311:38AM CzTfshfzHsfdivlijobu:;19bn-Nbs28-3134 Professional Services and One-Time Purchases Name Price/Usage Fee QTY Subtotal Professional Services - Standard Implementation Fee $0.00 16.00 $0.00 Hardware and Software Products Annual recurring amounts over subscription term Name Price/Usage Fee QTY Subtotal Falcon $2,500.00 16.00 $40,000.00 Falcon Flex $3,000.00 3.00 $9,000.00 Subtotal Year 1: $49,000.00 Subscription Term: 12 Months Annual Recurring Total: $49,000.00 Estimated Sales Tax: $0.00 Total Contract Amount: $49,000.00 EXHIBIT A This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties. QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION 3.000 each Falcon Camera $ 2,500.000 $ 7,500.00 1.000 each Falcon Flex camera $ 3,000.000 $ 3,000.00 GLAccount# 1125101-4350900 DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PLEASE INVOICE IN DUPLICATE SHIPPING INSTRUCTIONS SHIP REPAID. C.O.D SHIPMENTS CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. DOCUMENT CONTROL NO.57810 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. ORDERED BY TITLE CONTROLLER VENDOR COPY Dawn Koepper Send Invoice To: 10,500.00 Purchasing Administrator 57810 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-60000972 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 PAGE 1 THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. PURCHASE ORDER NUMBER PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO.VENDOR NO.DESCRIPTION Camera's for CentralPark3090503/21/233/16/2023 VENDOR Flock Safety 1170 Howell Mill Rd NW Suite 210 Atlanta, GA 30318 SHIP TO Administration Office 1411 E. 116th Street Carmel, IN 46032 CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT City ®f CarmeI INDIANA RETAIL TAX EXEMPT CERTIFICATE NO.003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 108604 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 3/16/2023 375489 Additional Services Agreement FLOCK SAFETY ICS VENDOR 1170 HOWELL MILL RD NW SHIP 31 1st Avenue N.W. TO SUITE 210 Carmel, IN 46032- ATLANTA, GA 30318 - Timothy Renick (317) 571-2576 PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT 75000 DESCRIPTIONQUANTITYUNITOFMEASURE UNIT PRICE EXTENSION Department: 1115 Account: 43-556.00 1 Each Send Invoice To: ICS Timothy Renick 31 1st Avenue N.W. Carmel, IN 46032- 317) 571-2576 DEPARTMENT Fund: 101 General Fund Additional Services Agreement CAA 38,500.00 $38,500.00 Sub Total $38,500.00 PLEASE INVOICE IN DUPLICATE ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $38,500.00 A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MA['C A SHIPPING INSTRUCTIONS 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 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Timothy Renick James Crider TITLE Director Director of Administration CONTROL No. 108604 CONTROLLER CzBmmjtpoMzodi.NdHsbuibu22;3:bn-Nbs32-3134 EXHIBIT A SweetEventPlanning/Sondra Schwieterman Scope of Services & Rate Schedule for Professional Services forEventPlanning For: Brews on the Boulevard ScopeofServicesandRates To assist the City ofCarmel inpromoting Midtown and the Monon Boulevard through events such asBrews onthe Boulevard To direct activities and event coordination for Brews onthe Boulevardon behalf ofthe City of Carmel, including but not limited to: o Research dates tohost events o Research target audiences for events o Create acomprehensive timeline complete with goals, objectives, and dates of completion foreach o Direct the recruitment ofand communication with vendors for Brews onthe Boulevard o Direct therecruitment ofand communication with volunteers forBrews on the Boulevard o Confirm and coordinate entertainment Brews onthe Boulevard through Artist Development Company o Write web and social media copy for Brews onthe Boulevard o Spearhead art direction on allcollateral materials needed forthe event o Coordinate marketing and advertising with designated City ofCarmel representatives o Spearhead logistics ofassigned events, from planning toset upthrough execution and clean up o Provide staff torun event effectively o Assist with sponsorship fulfillment asdirected o Direct public relations efforts for events asapproved Includes but isnot limited to: Communications totarget audiences tomaximize the user experience at events News release writing News releases sent tomarkets outside ofCentral Indiana o Adhere toapproved City ofCarmel budget for events, media andpublic relations o Meet regularly with City ofCarmel representative(s) Assist onexecutionofspecial promotional events and public relations efforts asneeded and within the parameters ofthe contract 3508 E. Carmel Drive, Carmel, IN46033(317) 657-8263 Sondra_Schwieterman@Outlook.com o Including but not limited to: Executing social media posts, needed, providing art direction tographic designers, and writing copy for collateral material Cost The above Scope ofWork can beexecuted for afee nottoexceed $15,000 and canbe billed monthly as services are rendered. Brews on the Boulevard - $15,000 Specialty materials and outside services paid for bySweet Event Planning will bebilled back toCity of Carmel atcost. Examples include but are not limited tomedia buys, specialty paper, signs, banners, staff meals, dumpsters, event supplies, and postage. Cost includes parking fees and mileage incurred bySweet Event Planning forthe duration ofthe contract provided allmiles driven are within the Marion and surrounding eight counties.) Sondra Schwieterman3¨¦- 3508 E. Carmel Drive, Carmel, IN 46033 (317) 657-8263 Sondra_Schwieterman@Outlook.com Page 1 of 1INDIANARETAILTAXEXEMPT PURCHASE ORDER NUMBERCERTIFICATENO. 003120155 0020CityofCarmel FEDERAL EXCISE TAX EXEMPT 108595 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FORCITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION EVENT PLANNING SERVICES3/13/2023373677 SWEET EVENT PLANNING COMMUNITY RELATIONS VENDORSHIP3508ECARMELDR 1 CIVIC SQ TO Carmel, IN 46032- CARMEL, IN 46033 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 74923 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 1203101General Fund Account: 43-590.03 Each1EVENT PLANNING SERVICES$15,000.00$15,000.00 Sub Total 15,000.00 Send Invoice To: COMMUNITY RELATIONS 1Civic Square Carmel, IN 46032- PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 15,000.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN SHIP PREPAID. AFFIDAVIT ATTACHED. IHEREBY 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 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. Nancy HeckJames Crider TITLEDirectorDirector of Administration CONTROL NO. 108595 CONTROLLER RESOLUTION NO. BPW 04-05-23-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Knauss Property Services, LLC.docx3/20/202311:39AM Exhibit A CityofCarmel StreetDepartment 23-STR-02Reflecting PoolPainting Specifications rdTheCityofCarmelStreetDepartmentisrequestingquotesforaprojectlocatedat8003AveSW, Carmel, IN46032, which includes cleaning andpainting oftheCity-owned Reflecting Pool. This work stmustbecompletedbyMay1, 2023. ThisprojectattheReflecting Poolisforcleaning andpainting ofthewalls andfloorofthepool, withan estimated 83,000square feetoffloor and ,0square feetofwall. Contractor responsibilities: 1.Power-wash allsurfaces ofthepool toremove scaling anddebris. 2.Remove anddispose ofalldebris from pool. 3.Applyonecoatofpaint toallpoolsurfaces using pool-approved epoxy (Macropoxy 646Fast CureEpoxy, Color: Dawn Blueorapproved equivalent). 4.Anyresidual water inthe reflecting pool must bepumped outtoanearby wastewater drain 5.Setupandmaintain aMUTCD-recommended work zone. 6.Maintain aclean work areafortheduration oftheproject. E-verify MOU and signedaffidavit must beprovided beforeapproved work maybegin. The Carmel Street Department reserves therighttoreject anyandallquotes. Anyquestions should bedirected toBoyd Piercy atbpiercy@carmel.in.gov. 3/16/2023 KNAUSS PROPERTY SERVICES LLC INDIANAPOLIS, IN 46220 - 108605 2817 E 55TH PLACE City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 372933 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 75022 1206Department:101Fund:General Fund 43-509.00Account: Reflecting PoolPainting1 $212,500.00 $212,500.00Each 212,500.00SubTotal 212,500.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108605 ORDERED BY TITLE CONTROLLER Street Department 3400 W. 131st Street Carmel, IN 46074- Lee Higginbotham 317) 733-2001 Commissioner RESOLUTION NO. BPW 04-05-23-04 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Encroachment Agreement Marathon Pipe Line LLC and Carmel.docx3/21/2023 1:17PM T&C File No.: 11-A47-010-060 APPROVED l er wr a.memb n tt:a w M mn ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into this date of Effective Date") by and between Marathon Pipe Line LLC Licensor") and City of Carmel ("Licensee"). As used herein, "Party" means Licensor or Licensee and "Parties" means both of them. A. Licensor holds real property interests in the form of an Easement, as further described below. B. Licensee desires to encroach upon the Easement as further described below. C. Licensor is willing to allow such encroachment subject to the limitations and restrictions set forth in this Agreement. For and in consideration of the mutual covenants, agreements, terms and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Licensee and Licensor agree to the preamble, the recitals, and the following: ARTICLE 1— DEFINITIONS 1.1 These capitalized terms have the following meanings: Easement" means that certain pipeline easement granted May 31, 1949 and recorded on July 18, 1949 in Volume 39, Pages 219-220 of the Hamilton County, Indiana recorder's office, as may have been amended. Easement Area" means the land covered by the Easement. Encroachment" means walking trail as depicted on Exhibit A. Encroachment Area" means the portion of the Easement Area upon which the Encroachment is permitted to sit pursuant to the terms of this Agreement but only as depicted on Exhibit A. ARTICLE 2 - ENCROACHMENT 2.1 Subject to the terms of this Agreement, Licensee may construct, operate, use and maintain the Encroachment upon the Encroachment Area. 2.2 Licensee may use or occupy the Encroachment Area only to the extent necessary to construct, maintain, operate, use, and repair the Encroachment, including that the Encroachment Area may be open for use by the general public for the purposes for which Form Revised. 0112112022 558337.DOC 2 ) Page 1 of 8 the Encroachment is constructed, operated, and maintained, and such use or occupancy is not exclusive. Licensee may not extend, expand, or alter the footprint of the Encroachment without the prior written consent of Licensor, which will be memorialized by amendment of this Agreement. 2.3 Licensee will construct and maintain the Encroachment, ensuring it is built and remains in a safe and useable condition. In addition, Licensee will construct, maintain and use the Encroachment Area subject to these specifications: a) Licensee will not plant shrubs or trees within the Encroachment Area without Licensor's prior written consent, which Licensor may withhold or condition in its sole discretion. b) Licensee will ensure a Licensor representative is present during the construction of the Encroachment or any activity within 50 feet of the pipeline. c) No construction equipment will cross Licensor's pipeline until a stress analysis has been reviewed and approved by Licensor. 2.4 If Licensee removes all or a portion of the Encroachment other than to repair, replace, or reconstruct the same, Licensee will repair and restore the Encroachment Area to its original condition and the portion of the Easement Area no longer encroached upon will revert to Licensor. 2.5 If applicable, Licensee will pay all taxes levied or imposed on the Easement Area related to the Encroachment. 2.6 Licensee will ensure that the Encroachment and any associated activities comply with Law, this Agreement, and the terms of the Easement. As used in this Agreement, "Law" means any applicable treaty, constitution, charter, act, statute, federal, state and local laws, ordinance, code, rule, regulation, resolution, permit, order, decree, mandate, injunction, writ, directive, interpretation, or final non -appealable judgment adopted, enacted, issued, promulgated or ratified by any governmental entity, including tribal entities, and having the force of law. 2.7 If the Encroachment interferes with Licensor's operations, use and enjoyment of the Easement Area, or Licensor's ability to maintain its rights thereunder, at Licensor's sole option, Licensee will promptly upon written notice from Licensor (a) temporarily remove or relocate all or part of the Encroachment at Licensee's sole cost; or (b) reimburse Licensor for relocating all or part of the Encroachment. 2.8 Licensor may, in its sole discretion, restrict use and/or access to the Encroachment at any time for any length of time and for any reason. Licensee does hereby fully waive, release and discharge Licensor for any claims or liability arising' from such restriction. Licensee acknowledges and agrees that Licensor has no obligation to repair, replace or maintain the Encroachment. Licensee acknowledges and accepts that (i) Licensor's operations may occur in the daytime, evenings, nights, weekends, and holidays, and (ii) it may be necessary and convenient for Licensor to operate machinery and equipment (including lighting) that will be visible and audible on the Easement Area. In consideration of Licensor granting this Agreement, Licensee, on behalf of itself and its successors, assigns, invitees and licensees, Form Revised: 0112112022 558337.DOC 2 ) Page 2 of 8 hereby waives and releases Licensor and its affiliates and their employees, insurers, agents, contractors, and all their successors and assigns from any current and future claims and liabilities of any nature relating in any way to the use and enjoyment of the Encroachment by Licensee and its affiliates and their predecessors in title, agents and contractors, including claims of nuisance, loss of use and enjoyment, lost profits, loss of business opportunity, or other similar claims known or unknown at this time, whether the claims arise under common law, statutory law or otherwise. ARTICLE 3 - WAIVER 3.1 Licensee understands that Licensor uses and enjoys its rights under the Easement and maintains active operations in the Easement Area. Licensee hereby waives, releases, and forever discharges all Claims (as defined below) against Licensor for business interruption or delays, lost profits or revenue, lost commercial opportunities, or other similar damages arising or resulting from Licensor exercising its rights under the Easement or this Agreement. 3.2 Licensor and its designees will, from time to time, conduct activities in close proximity to the Encroachment. Licensee hereby waives, releases, and forever discharges all Claims against Licensor for damage to the Encroachment caused by Licensor or its designees, except for damages to the Encroachment caused by the gross negligence or willful misconduct Licensor or its designees. 3.3 "Claims" means all claims or causes of action of any nature, whether known or unknown, that a) relate to the Agreement, (b) sound in law or in equity, whether in contract or tort, or are based upon fraud or misrepresentation, breach of duty, common law, or arise under or by virtue of any judicial decision, constitutional provision, statute or regulation, and (c) are for damages, including, actual, consequential, punitive or exemplary damages, costs, expenses, interest, demands, suits, reasonable attorneys' fees, losses, injuries, injunctive relief, or other remedies of any nature, whether equitable or legal. ARTICLE 4 — DEFAULT; TERMINATION FOR CONVENIENCE 4.1 If Licensee breaches the provisions of this Agreement, Licensor may terminate this Agreement and pursue available remedies of any nature, whether equitable or legal. Licensee consents to Licensor seeking injunctive relief or an emergency order to enforce the provisions of this Agreement, or prevent breach thereof, without the necessity to post a bond. 4.2 Nothing contained herein will be deemed to constitute any warranty or representation by Licensor as to its authority to permit the Encroachment upon the Encroachment Area as proposed by Licensee, except regarding Licensor's rights as set forth in this Agreement that may restrict the Encroachment. Licensee understands that Licensor is under no obligation to renew or amend the Easement and that if the Easement terminates, Licensee's rights hereunder also terminate and Licensee will be obligated to remove the Encroachment prior to termination of the Easement. Licensee's obligations under this Section will survive termination of this Agreement. Form Revised: 0112112022 558337.DOC 2 ) Page 3 of 8 4.3 Licensor may terminate this Agreement without cause and at any time (a) by giving at least 90 days written notice to Licensee; or (b) upon termination of any other interest or permission that Licensor holds in the Easement. 4.4 Licensee explicitly recognizes that notwithstanding the costs of improvements of and alterations to the Easement Area incurred by Licensee hereunder, Licensor's right to terminate this Agreement will be without compensation to Licensee in any manner including replacement value or for the fair market value of any improvement placed on or near the Easement Area. Licensee will, upon termination or expiration of this Agreement, remove the Encroachment, rehabilitate and leave the Easement Area in a safe and useable condition. Licensee acknowledges that the Encroachment may have to be damaged, destroyed or removed in the course of Licensor's operations. Licensee hereby fully releases Licensor from any and all liability arising from any such damage, destruction or removal. ARTICLE 5 — MISCELLANEOUS 5.1 INTERPRETATION. Unless the context as used in this Agreement clearly indicates otherwise: (a) words in the singular include the plural and words used in the plural include the singular; (b) references to any Party include such Party's successors and assigns; (c) the words include", "includes" and "including" will be deemed to be followed by the words "without limitation"; (d) any addendum, exhibit or schedule attached is deemed to be incorporated by reference into the Agreement; and (e) reference to any Law will be deemed to also refer to all rules and regulations promulgated thereunder. 5.2 COUNTERPARTS. Licensor and Licensee acknowledge that this Agreement may be executed in counterparts, each of which will be deemed to be an original and taken together will be considered as one document. 5.3 BINDING ON SUCCESSORS AND ASSIGNS. Licensee will not assign this Agreement, or an performance of this Agreement, without the prior written consent of Licensor. Any attempted assignment in violation of this Section will be void and will in no way release Licensee from its obligations under this Agreement, including Section 6, Indemnity. This Agreement is binding upon and inures to the benefit of each of the Parties and their respective heirs, successors, and assigns, including successor owners and occupants of the Encroachment. 5.4 GOVERNING LAW. The validity, interpretation or performance of this Agreement and any disputes arising hereunder will be governed and construed in accordance with the Laws of the state where the Encroachment is located. 5.5 AMENDMENTS. Except as otherwise expressly set forth herein, this Agreement will not be modified, in whole or in part, except by a written amendment signed by both Parties and expressly identified as an amendment or modification. Any attempt by either Party through any document to vary any of the terms of this Agreement will be deemed void. 5.6 CONSPICUOUS. TO THE EXTENT REQUIRED BY LAW TO BE EFFECTIVE, THE PROVISIONS IN THIS AGREEMENT IN BOLD -TYPE FONT ARE CONSPICUOUS" FOR THE PURPOSE OF ANY LAW. Form Revised: 0112112022 558337.DOC 2 ) Page 4 of 8 5.7 SEVERABILITY. Each clause and provision of this Agreement is severable. If any clause or provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, all other clauses or provisions of this Agreement will remain in full force and effect in such jurisdiction and will not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision in this Agreement in any jurisdiction. If any clause or provision contained herein is, to any extent, held invalid or unenforceable in any respect under the Laws governing this Agreement, such clause or provision will be restricted in applicability, reformed to the minimum extent required for such clause or provision to be enforceable or the Parties will amend or otherwise modify this Agreement to replace such clause or provision with a valid and enforceable clause or provision giving effect to the intent of the Parties. 5.8 WAIVER. Neither action taken nor inaction pursuant to this Agreement will be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained herein by the Party committing such action or inaction. A waiver by any Party of a particular right, including breach of any provision of this Agreement, will not operate or be construed as a subsequent waiver of that same right or waiver of any other right. 5.9 This Agreement, as may be amended in accordance with the terms herein, contains the entire agreement of the Parties related to the Encroachment and supersedes any and all prior negotiations, agreements, or understandings, written or oral, with respect to the Encroachment or Licensee's use or occupancy of the Encroachment Area. Each Party warrants to the other that no promises or inducements for this Agreement have been made except as herein set forth. This Agreement is the result of negotiations between the Parties and no Party will be deemed to be the drafter of this Agreement. The language of all parts of this Agreement will be in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any Party. ARTICLE 6 — INDEMNITY 6.1 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE WILL PROTECT, INDEMNIFY, HOLD HARMLESS, RELEASE, DISCHARGE AND DEFEND LICENSOR, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INVITEES, JOINTLY AND SEVERALLY, FROM AND AGAINST ALL CLAIMS BECAUSE OF: a) BODILY INJURY OR DEATH; b) DAMAGE TO PROPERTY; OR c) CONTAMINATION OF OR ADVERSE EFFECTS ON THE ENVIRONMENT, INCLUDING THE COST OF ASSESSMENT AND REMEDIATION, WHICH, IN EACH CASE, OCCUR IN CONNECTION WITH (x) LICENSEE'S USE OR OCCUPANCY OF THE EASEMENT OR (y) ANY ACTIVITY ASSOCIATED WITH THE ENCROACHMENT CONDUCTED BY LICENSEE OR ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, CONTRACTORS OR INVITEES Form Revised.• 0112112022 558337.DOC 2 ) Page 5 of 8 6.2 LICENSEE WILL PAY ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES AND ALL OTHER EXPENSES OF LITIGATION INCURRED BY LICENSOR TO ENFORCE LICENSEE'S OBLIGATIONS AS SET FORTH IN THIS ARTICLE OR TO ENFORCE LICENSEE'S INSURANCE CARRIER'S OBLIGATIONS UNDER ARTICLE 7. ARTICLE 7 — INSURANCE 7.1 Without limiting in any way the scope of any obligations or liabilities assumed hereunder by Licensee, Licensee will procure or cause to be procured and maintained at its expense, for the duration of this Agreement with insurance companies designated by A.M. Best Company with a rating of A- or better and found acceptable to Licensor, the insurance policies described below. Prior to commencement of any work within the Easement Area, Licensee will furnish Licensor with valid and, as needed to maintain compliance with this Article, updated certificates of insurance which document that all coverages and endorsements required by have been obtained; provided that Licensee is only required to maintain one certificate of insurance with Licensor demonstrating the required coverages and endorsements in this Agreement and any other agreement with Licensor or its affiliates. Licensee's obligation to comply with the insurance requirements of this Article is a material obligation of this Agreement. a) Workers' compensation for all benefits required of Licensee by Law, U.S. longshore and harbor workers' compensation insurance, the Outer Continental Shelf Lands Act, with voluntary compensation for marine operations, to include transportation, wages, maintenance, and cure, and under applicable maritime law (including Jones Act Coverage) where required, or other statutory insurance Laws in the area having jurisdiction over such employees, agents, servants and borrowed servants, or over the location where the work is being performed. b) Employer's liability insurance covering the employees of Licensee with limits of at least $1,000,000 per occurrence. c) General liability insurance including contractual liability, explosion, collapse and underground hazards and completed operations with a combined single limit of at least 1,000,000 per occurrence. d) Business automobile liability insurance, if owned, hired or non -owned automotive equipment is used in the performance of this Agreement, with a combined single limit of at least $1,000,000 per occurrence. e) Pollution liability insurance to cover third -parry claims for losses including bodily injury, property damage and clean-up costs arising from pollution conditions that occur from the ongoing operations or in connection with a release, spill, discharge or leak into the environment of pollutants, with a combined single limit of $15,000,000 per occurrence. f) The insurance limits in this Section can be satisfied through any combination of primary and excess liability policies. Form Revised: 0112112022 558337.DOC 2 j Page 6 of 8 7.2 The general liability and business automobile liability policies will include Licensor and its affiliates as additional insureds for liabilities arising out of the performance under this Agreement to the same and full extent of coverage provided to Licensee under those policies and to the full extent allowed under Law. Such policies will be primary to any other insurance of Licensor. Such insurance will specifically provide that it applies separately to each insured against which Claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.3 The workers' compensation and employer's liability policies will provide that all rights of subrogation against Licensee and its affiliates are waived when permitted by Law. IN WITNESS WHEREOF, the Parties hereto by their duly authorized representatives have executed this Agreement as of the Effective Date. MARATHON PIPE LINE LLC By: _ Name: Title: State of County of ss The foregoing instrument was acknowledged before me this 20 by Signature: Name: My commission expires: Form Revised: 0112112022 55833TDOC 2 } Page 7 of 8 CITY OF CARMEL By: Name: James Brainard Title: Mayor State of Indiana ss County Of Hami 1 t-nn The foregoing instrument was acknowledged before me this March 20th 2023 by James Brainard R,ra&4 SHARO7M. BBE A Resident oon Co. My Commxpiresuly6 Si ature' A a l Name: Sharon M. Kibbe My commission expires: Ju ly 12 , 2 0 2 6 I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. This instrument prepared by: Brian Phillips 539 South Main Street Findlay, Ohio 45840 Form Revised: 0112112022 558337.DOC 2 } Page 8 of 8 RESOLUTION NO. BPW 04-05-23-05 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: S:\\EBass\\MyDocuments\\BPW-Resolutions\\2023\\Acknowledge Agreement Shepherd Insurance, LLC.docx3/21/20233:31PM CzTfshfzHsfdivlijobu3;59qn-Nbs32-3134 Berrnath, LLC Street Department - 2023 Appropriation #2201 2201 44-670.00 Motor Vehicle Highway Fund; P.O. #108597 Contract Not To Exceed $48,875.00 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. 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:\\Contracts\\Departments\\Street\\2023\\Bernath, LLC Goods and Services.docx:3/15/2023 11:51 AM\] 2 Berrnath, LLC Street Department - 2023 Appropriation #2201 2201 44-670.00 Motor Vehicle Highway Fund; P.O. #108597 Contract Not To Exceed $48,875.00 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. 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. S:\\Contracts\\Departments\\Street\\2023\\Bernath, LLC Goods and Services.docx:3/15/2023 11:51 AM\] 3 Berrnath, LLC Street Department - 2023 Appropriation #2201 2201 44-670.00 Motor Vehicle Highway Fund; P.O. #108597 Contract Not To Exceed $48,875.00 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 itis 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 AND City of Carmel Street Department Office of Corporation Counsel st3400W131 Street One Civic Square Carmel, Indiana 46074 Carmel, Indiana 46032 If to Vendor: Bernath, LLC 1010 E Sumner Avenue Indianapolis, Indiana 46227 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. 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 S:\\Contracts\\Departments\\Street\\2023\\Bernath, LLC Goods and Services.docx:3/15/2023 11:51 AM\] 4 Berrnath, LLC Street Department - 2023 Appropriation #2201 2201 44-670.00 Motor Vehicle Highway Fund; P.O. #108597 Contract Not To Exceed $48,875.00 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, 2023 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. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City’s request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. 27. IRAN CERTIFICATION Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this Agreement, it does not engage in investment activities within the Country of Iran. 28. 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. S:\\Contracts\\Departments\\Street\\2023\\Bernath, LLC Goods and Services.docx:3/15/2023 11:51 AM\] 5 Qbhf;Qbhf;2ExhibitA Sfnju!Up;Sfnju!Up; TFBMNBTUFS 2121!FBTU!TVNOFS!BWFOVF JOEJBOBQPMJT-!JO!!57338 EQUIPMENT SALE QUOTE Dvtupnfs;Dvtupnfs;264 Jowpjdf!$///Jowpjdf!$/// 617:76.1111617:76.1111DJUZ!PG!DBSNFM!)JO* Tztufn!ebuf/Tztufn!ebuf/!4014034POF!DJWJD!TRVBSF 4014034!!!!2;28!QNJowpjdf!ebufJowpjdf!ebufDBSNFM-!JO!!57143 Kpc!Mpd/////Kpc!Mpd/////4511!X!242TU-!DBSNFM Kpc!Op//////Kpc!Op//////2!.!TIPQKpc!Tjuf;Kpc!Tjuf; UCEQ/P/!$//////Q/P/!$////// TIPQ Psefsfe!Cz//Psefsfe!Cz// QJFSDZ-!CPZE4511!X!242TU Ofu!41EbztUfsnt/////// DBSNFM-!JO!!57185 LFWJO!TVUUFSTbmft!Sfq; LFWJO!TVUUFSXsjuufo!cz//Xsjuufo!cz// 428.844.3112Kpc!Ufm$; Ruz!Jufn!ovncfs!!!!!!!!!!!!!!!!!!!!Voju!!!!!!Qsjdf!!!!!!!!!!!!!!!!!!BnpvouRuz!Jufn!ovncfs!!!!!!!!!!!!!!!!!!!!Voju!!!!!!Qsjdf!!!!!!!!!!!!!!!!!!Bnpvou 2/11!5.UPO!USBOTQPSUFS!RVJDLTIJQ!IPUC!FB!!54511/111!!!!!!!!!!!!!!!!54511/11 5U.USBOT!RT 5Upo!Rvjdltijq!Evnqcpy-Cbuufsz!Dibshfs- Tnbsu!Dpouspmmfs!Qbdlbhf-wpmunfufs-WJQ- Gvfm!Hbvhf-8Ebz!ujnfs-Ufnq!Hbvhf-Is!nfuf s-MFE!Mjhiujoh!vqhsbef!xjui!xpsl!mjhiut- boe!tuspcf!mjhiut/ 2/11!TPMWFOU!UBOL!!!!!!!!!!!!!!!!!!!!!FB!!!!611/111!!!!!!!!!!!!!!!!!!611/11 GBM1123: 9!Hbmmpo!Tpmwfou!Ubol++ 2/11!UPPM!IPMEFS!.!6!QPTJUJPOT!)JOTUB!FB!!!!311/111!!!!!!!!!!!!!!!!!!311/11 UI6Q 2/11!2111MC!EBWJU!DSBOF!X0!XJODI!!!!!!FB!!!4386/111!!!!!!!!!!!!!!!!!4386/11 TQ88:15 2/11!QMBUF!DPNQBDUPS!CBTLFU!.!35Y35!.!FB!!!!361/111!!!!!!!!!!!!!!!!!!361/11 91TQ43181 2/11!MFE!BSSPX!TUJDL!)JOTUBMMFE!POMZ*!FB!!!2561/111!!!!!!!!!!!!!!!!!2561/11 MFE!BSSPX!TUJDL 2/11!NJTDFMMBOFPVT!!!!!!!!!!!!!!!!!!!!FB/11 NJTD Frvjqunfou!usbef!jo!2:99 Xftufso0Opslpu!Ipu!Cpy!%.611/11++ EFMJWFSZ!DIBSHF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!411/11 Tvc.upubm;!!!!5:486/11Tvc.upubm; Upubm;!!!!5:486/11Upubm; PRICING ISCONFIDENTIAL*** WWW.SEALMASTER.NETWWW.JBEQUIP.NET 1. The totalcharges are an estimate based on the estimated rental period and other information provided byCustomer. 2. Customer assumes allrisks associated with the equipment during the rental period, including injury and damage topersons, property and the equipment. 3. Customer isresponsible for and shall onlypermit properly trained and authorized individuals touse the equipment. 4. Ifthe equipment does notoperate properly, is notsuitable for customers intended use, does not have operating and safety instructions orcustomer has any questions regarding useof the equipment, customer shall not use theequipment and shall contact SealMaster immediately. 5. Equipment misuse orusing damaged ormalfunctioning equipment may result in serious bodily injury ordeath and customer agrees that customer orits agents assume allrisk associated thereunder, and indemnifies SealMaster/Bernath LLC/Bernath Transportation/JDB Manufacturing and allentities forallclaims ordamages asaresult ofmisuse oruse ofdamaged or malfunctioning equipment. 6. Customer must contact SealMaster torequest pickup ofequipment, customer isresponsible for equipment until actually retrieved bySealMaster. 7. Asignature indicates customer agrees with allcontractual obligations on the backside ofthis contract. 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EXHIBIT B Invoice Date: Name of Company: Address & Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: 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: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 Page 1 of 1INDIANARETAILTAXEXEMPT CERTIFICATE NO. 003120155 0020PURCHASE ORDER NUMBERCityofCarmel FEDERAL EXCISE TAXEXEMPT 108597 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA 46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BYSTATE BOARD OFACCOUNTS FOR CITY OFCARMEL - 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/14/2023376400 SEALMASTER INDIANAPOLIS Street Department VENDORSHIP1010EASTSUMNERAVE 3400 W. 131st Street TO Carmel, IN 46074- INDIANAPOLIS, IN 46227 - Matt Higginbotham(317) 733-2001 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 74981 QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION Department:Fund: 22012201Motor Vehicle Highway FND Account: 44-670.00 1EachFalcon Asphalt Repair Hotbox$48,875.00$48,875.00 Sub Total 48,875.00 Send Invoice To: Street Department 3400 W. 131st Street Carmel, IN 46074- 317) 733-2001 PLEASE INVOICE INDUPLICATE DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT 48,875.00PAYMENT A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORN 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 ORDERED BYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbotham TITLECommissioner CONTROL NO. 108597 CONTROLLER CzTfshfzHsfdivlijobu3;16qn-Nbs33-3134 1/6/2023 ROLLFAST INDIANAPOLIS, IN 46280 - 108393 10630 WESTFIELD BLVD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION PROFESSIONAL SERVICES FOR BIKE CARMEL EVENTS COMMUNITY RELATIONS 1 CIVIC SQ Carmel, IN 46032- 371349 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73134 1203Department:101Fund:General Fund 43-593.00Account: PROFESSIONAL SERVICES FOR BIKE CARMELEVENTS1 $27,700.00 $27,700.00Each 27,700.00SubTotal 27,700.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108393 ORDERED BY TITLE CONTROLLER COMMUNITY RELATIONS 1 Civic Square Carmel, IN 46032- Nancy Heck James Crider Director Director of Administration 1/6/2023 ROLLFAST INDIANAPOLIS, IN 46280 - 108394 10630 WESTFIELD BLVD City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION PROFESSIONAL SERVICES FOR BIKE CARMEL EVENTS Community Relations 1 Civic Square Carmel, IN 46032- 371349 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 73135 1203Department:854Fund:Community Relations Gift 43-590.38Account: PROFESSIONAL SERVICES FOR BIKE CARMELEVENTS1 $10,000.00 $10,000.00Each 10,000.00SubTotal 10,000.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108394 ORDERED BY TITLE CONTROLLER Community Relations 1 Civic Square Carmel, IN 46032- Nancy Heck James Crider Director Director of Administration CzTfshfzHsfdivlijobu22;49bn-Nbs34-3134 ComcastCable CommunicationsManagement,LLCc/oMarket Development,ComcastBusiness 41112Concept Drive, Plymouth, MI 48170 RE: Accessto AccesstoPropertyPropertyrd4753AvenuePropertyAddress: Street Address (include applicable range, exclude suite numbers) Carmel, Indiana 46032 City, State and Zip Additional Address Information (optional) TheOwning Entityidentified below, being theownerofthepremises described above (the “Property”), hereby consents totheinstallation, operation, andmaintenance byComcast Cable Communications Management, LLC, onbehalf ofitsaffiliates (together, “Comcast”), atComcast’ssolecostand expense, of Comcast’scable andotherequipment attheProperty, tobeusedbyComcast toprovide communications services totenants andother occupants oftheProperty. Comcast willcontact theOwner, orOwner’srepresentative,beforework begins. OwningEntity: City ofCarmel Contact name: NpshboSjofibsu Contact phone number: 428/682/36:2 Ext. Contact email address: nsjofibsuAdbsnfm/jo/hpw Additional Contact (optional): Comcastshallrepair anydamageto thePropertycaused bytheinstallation,operation,ormaintenanceof Comcast’sequipment on theProperty. Exhibit A, which isattached hereto, depicts thelocation of Comcast’scable andother equipment (the “Plans”). Owner’sconsentwillcontinueforso longasComcastprovidescommunicationsservicestotenantsorother occupants oftheProperty.TheAccesstoPropertyshall bindandbenefittheparties andtheirrespective successorsandassigns. ThisAgreement shallnotberecorded. Sincerely, Signature: Date Signed: Owner or Duly Authorized Agent of Owner Print Name: UjnpuizSfojdl 402403134 FullTitle: EjsfdupspgJDT Exhibit “A” The Plans Comcast will secure required permits and locate existing utilities prior to work commencing atthe site. rd4753Avenue, Carmel, Indiana Stryker Sales, LLC Fire Department - 2023 Appropriation #1120 101 43-515.01 Fund; P.O. #108562 Contract Not To Exceed $31,407.00 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES (“Agreement”) entered into by and between the City of Carmel and Stryker Sales, LLC, (the “Vendor”), as City Contract dated April 7, 2021 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit “A”. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA Stryker Sales, LLC by and through its Board of Public Works and Safety By: By: James Brainard, Presiding Officer Authorized Signature Date: Printed Name Mary Ann Burke, Member Date: Title Lori S. Watson, Member FID/TIN: Date: ATTEST: Date: Sue Wolfgang, Clerk Date: C:\\Users\\clivingston\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\562V7G6G\\Stryker Sales LLC ASA_.docx:2/28/2023 3:13 PM\] Damesha Sheppard Senior Procare Contract Coordinator 3/24/2023 38-1239739 Exhibit A Sales Rep Name:Mandy O Grady3800 E. Centre Ave ProCare Service Rep:Zachary FluhrPortage, MI 49009 Date:2/23/2023 ID #:230223161247 02/#!2% 02/0/3!, 35"-)44%$ 4/ Name: Billing Acc Num:1066238Andrew Young Shipping Acct Num: 1066238Title: Account Name CARMEL FIRE DEPTPhone:(317) 571-2663 Account Address2 CIVIC SQEmail:asyoung@carmel.in.gov City, State ZipCARMEL, IN 46032 02/#!2% #/6%2!'% Item Model Model DescriptionProCare ProgramQtyYrsAnnual PriceTotal No.Number 1LP15LifePak 15LP15 Prevent Onsite151$33,060.00$33,060.00 02/'2!- ).#,5$%3 0 0±¤µ¤-³ /-²¨³¤ProCare LIFEPAK 15 Prevent Service: Annual onsite preventive maintenance inspection and unlimited repairs including parts, labor and travel with battery coverage Unless otherwise stated on contract, payment is expected upfront.ProCare Total$33,060.00 Discount5% 4/4!, 31, 407.00 Start Date:5/ 1/2023 End Date:4/ 30/2024 Stryker SignatureDateCustomer SignatureDate The Terms and Conditions of this quote and any subsequent purchase order of the Customer are governed by the Terms and Conditions located at ª¤± The terms and conditions referenced in the immediately preceding sentence do not apply where Customer and Stryker are parties to a Master Service Agreement. Purchase Order Number 4§¨² ¨² -®³ µ®¨¢¤µ®¨¢¤ ¶¨«« ¡¤ ¬ 2¤¬¨³ ¯0/µ¤± 0/ COMMENTS: Please email signed Proposal and Purchase Order to procarecoordinators@stryker.com. All information contained within this quotation is considered confidential and proprietary and is not subject to public disclosure. Quote pricing valid for 30 days. 3/24/2023 3%2)!, .5-"%23(%%4 Item ModelSerial NumberProgramNo. 1LP1540344397LP15 Prevent Onsite 2LP1540344402LP15 Prevent Onsite 3LP1540346172LP15 Prevent Onsite 4LP1540344404LP15 Prevent Onsite 5LP1540344401LP15 Prevent Onsite 6LP1540344400LP15 Prevent Onsite 7LP1540346171LP15 Prevent Onsite 8LP1540344395LP15 Prevent Onsite 9LP1540346170LP15 Prevent Onsite 10LP1540335281LP15 Prevent Onsite 11LP1540336526LP15 Prevent Onsite 12LP1540342627LP15 Prevent Onsite 13LP1540342937LP15 Prevent Onsite 14LP1540344399LP15 Prevent Onsite 15LP1540344398LP15 Prevent Onsite Purchase Order Form Account ManagerPurchase Order Date Cell PhoneExpected Delivery Date Stryker Quote Number230223161247 Check box ifBilling same asShipping BILL TOCUSTOMER #SHIP TOCUSTOMER # Billing Account Num1066238Shipping Account Num1066238 Company NameCompany NameCARMEL FIRE DEPT Contact or DepartmentContact or DepartmentAndrew Young Street AddressStreet Address2 CIVIC SQ Addt'lAddress LineAddt'lAddress Line City, ST ZIPCity, ST ZIPCARMEL, IN 46032 PhonePhone(317) 571-2663 Authorized Customer InitialsAuthorized Customer Initials DESCRIPTIONQTYTOTAL REFERENCE QUOTE Accounts Payable Contact Information Name Email PhoneStryker Terms and Conditions https://techweb.stryker.com Authorized Customer Signature Printed Name Title Signature Date AttachmentStryker Quote Number 230223161247 Sales orusetaxesondomestic (USA) deliveries willbeinvoiced inaddition tothepriceofthegoods and services ontheStryker Quote. AsofMarch2020 LIFEPAK® 15service StrykerhasbeennotifiedbyourglobalpartsprovidersthatsomecomponentsusedoncertainLIFEPAK15monitor/defibrillatormodels (Part NumbersbeginningwithV15-2) arenolongeravailableinthemarket. ServiceontheLIFEPAK15withPartNumberbeginningwithv15-5orv15-7 isunaffected. Strykerwillcontinue toofferservicesupportforthissubsetoftheLIFEPAK15asfollows: oIfacomponenthasfailedonyourdevice, yourlocalSalesRepresentativeshouldbecontactedforsupport oStrykerwillcontinuetooffercontractualserviceonayearlybasisonly oPreventivemaintenance willcontinuetobedoneondeviceslessthaneight (8) yearsold. Afterthispoint, wewillceaseto conductpreventativemaintenanceandshifttodeviceinspections oIfacomponentfailsonyourdevice, pleasecontactyourlocalSalesRepresentativeforsupport. Apro-ratedcreditforanypre- paidservicewillbeprovided shouldaunitbecomenon-serviceable duetopartavailability ItisimportanttonotethattheLIFEPAK15hasanexpectedlifeofeight (8) yearsfromthedateofmanufacture. Ifyouareuncertainofthe manufacturedateofyourproducts, pleasecontactyourlocalSalesRepresentativeforafullfleetassessment. Wewanttoensurethehighestqualityproductsandservicesforourcustomers. Assuch, itisimportanttoknowthatStrykeristheonlyFDA- approvedserviceproviderforourproducts. Wedonotcontractwiththirdpartyserviceproviders, norwillwebeprovidingthemwithany additional partsfortheserepairs. Assuch, wecannotguaranteethesafetyandefficacyofanydevicethatisrepairedbyathird-partyservice agency. 2/25/2023 STRYKER MEDICAL CHICAGO, IL 60673 - 108562 PO BOX 93308 City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION LifePak PM Carmel Fire Department 10701 N. College Avenue, Ste A Carmel, IN 46280- 00351580 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 74495 1120Department:101Fund:General Fund 43-515.01Account: LifePak 15 Preventative Maintenance Per Proposal 220120095157 1 $31,407.00 $31,407.00Each 31,407.00SubTotal 31,407.00 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 108562 ORDERED BY TITLE CONTROLLER Carmel Fire Department 2 Civic Square Carmel, IN 46032- Denise Snyder Accreditation/Budget Administrator Approved and Adopted this day of , 20 . CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Clerk 3-29-23 BPW 4-5-23 RETRO-RATIFICATION - EVENT IS PRIOR TO BPW MEETING MAYOR APPROVED. EMAIL INCLUDED. CFD Heavner OK 3-28-23 CPD Horner OK 3-29-23 Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-22-23 CRED Brewer 3-30-23 Back-up date for bad weather 7-23-23 Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-24-23 CPD Horner 3-22-23 CRED Brewer 3-22-23 Approved by Center for Performing Arts, REI, Hotel Carmichael 3-13-23 X 3 parking spaces needed on 3rd Ave SW next to Carter Green to use for unloading/loading. See attached map. Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-20-23 CPD Horner 3-20-23 CRED Brewer 3-20-23 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this form. Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Meg Gates Osborne meg@megpromo.com 3175907522 3175907522 CarmelFest City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 37 E Main Street Address Line 2 Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No CarmelFest Kids Zone 7/3/2023 7/4/2023 1,000 05:00:00 AM 11:00:00 PM Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-22-23 CRED Brewer 3-30-23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Fees (cont'd) Description of Event: FACILITY (S) REQUESTS: VENDORS: 11:00:00 AM 09:00:00 PM NA Will a Fee be charged for this event? If yes, please describe below. YES NO Purpose of fee cost of rides Provide a brief description of event Kids Zone in City Hall Parking Lot Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other City of Carmel Stage VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the Public Use Policy. N/A CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Other Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Further Info for type of closure A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT Meg Gates Osborne Name of Organization/Applicant Signature of Authorized Agent/Applicant Meg Gates Osborne Printed Name and Title (If applicable) 317-590-7522 Phone Number (Required) 37 E Mail St Carmel, IN 46032 Address of Organization/Applicant 3/19/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT Clerk 3/29/23 BPW 4/5/23 Reviewed/Approved Via Email CFD Heavner 3-13-23 CPD Horner 3-13-23 CRED Brewer 3-20-23 UPDATE: Theree will NOT be a petting zoo or pony rides. Instead, Hedgehog Hannah will bring animals for a show. hedgehoghannah.com, 2123 Glebe St, Carmel. Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3/17/23 CPD Horner 3/17/23 CRED Brewer 3/17/23 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this form. Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Patrice Dawson patrice.dawson25@gmail.com 3179951259 Carmel High School PTO City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 520 East Main Street Address Line 2 Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Would like to have an event called Grads on the Grass to celebrate Carmel High School Class of 2023. This would include a movie starting around 1pm. 5/26/2023 1,000 11:00:00 AM 04:00:00 AM---- PM Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD 3-28-23 CPD 3-28-23 CRED Brewer 3-30-23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 12:00:00 PM 04:00:00 PM NA Will a Fee be charged for this event? If yes, please describe below. YES NO Provide a brief description of event Would like to have an event called Grads on the Grass to celebrate Carmel High School Class of 2023. This would include a movie starting around 1pm. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the Public Use Policy. N/A CITY SERVICES NEEDED: Mark all that apply CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: Further Info for type of closure SEE CITY OF CARMEL FACILITY USE POLICY EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Other Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT Carmel High School PTO Name of Organization/Applicant Signature of Authorized Agent/Applicant Patrice Dawson, Senior Celebration Chair Printed Name and Title (If applicable) 3179951259 Phone Number (Required) 520 East Main Street Carmel, Indiana 46032 Address of Organization/Applicant 3/27/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT ●Stage/tent set up 9 am at Carter Green ●All clean up complete by 7 pm ●Walk time 1:30-4:30 pm ●Prayer time 3:30-4:30 pm ●4:30 pm Charter buses picking up walkers to return to Our Lady of Mt. Carmel Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-29-23 CRED Brewer 3-30-23 Route Reviewed/ Approved by Engineering-JKirsh SEE MAPS & TIMING ●Route has been approved by Kirsh/ Kashman in Engineering. ●Advanced warning signs of the possible delays caused by the walk will be placed along the route 9 days prior. ●Engineering is approving the sign wording. CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this form. Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Candy Martin cmartin@carmel.in.gov 3175712401 City of Carmel City Carmel State / Province / Region IN Postal / Zip Code 46032 Country Street Address 1 Civic Square Address Line 2 Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Street Closure 4/14/2023 4/14/2023 60 12:00:00 PM 01:30:00 PM Clerk 3/29/23 BPW 4/5/23 Reviewed/Approved Via Email CPD Horner 3/13/23 CFD Heavner 3/13/23 CRED Brewer 3/20/23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: NA Will a Fee be charged for this event? If yes, please describe below. YES NO Provide a brief description of event We are requesting to have Elm Street closed between Veterans Way and Monon Greenway on Friday, April 14 from Noon to 1:30 pm to allow for a charter bus to be parked. The City will be hosting City leaders from Denver, CO and that is the location that their bus needs to pick them up at. We would like the bus to be parked under the underpass - towards Veterans Way so that the Midtown Screen/Selfie CARMEL Side is available for the group to take photos. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS: CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the Public Use Policy. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Other Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Elm Street between Veterans Way and Monon Greenway Include addresses as appropriate An easy to read, color map of the area is required with submission. X X Type of Closure: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Further Info for type of closure *** Parking spaces reserved for charter bus SECURITY DEPOSIT AND FEE: DISCLAIMER: X No parking signs on the north side of Elm St. from Monon Greenway east to Veterans Way. Bus parking east of TV screen, under the crosswalk. Traffic will be able to pass. ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT City of Carmel Name of Organization/Applicant Signature of Authorized Agent/Applicant Candy Martin Printed Name and Title (If applicable) 3175712401 Phone Number (Required) 1 Civic Square Carmel, IN 46032 Address of Organization/Applicant 3/13/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-22-23 CRED Brewer 3-30-23 CITY OF CARMEL, INDIANA INFORMATION FACILITY REQUEST FORM City Hall Caucus Room or Council Chambers * Must be at least 18 years of age to complete this form. Name Organization: Phone Number: Cell Number: Email Address Organization Type: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time Event Start time: Event end time: GENERAL INFORMATION Allyson McClure Guardian Wells Financial 3176600929 allyson@guardianwells.com City Carmel State / Province / Region IN Postal / Zip Code 46032 Country United States Street Address 722 South Rangeline Road Address Line 2 For-Profit Organization We like to do local outreach program for anyone and everyone over the age of 50 to come learn our top 5 tips heading into retirement. The event would be held on May 31st from 11a-1p and June 1st from 11a-1p 30 people each day, 60 total 5/31/2023 6/1/2023 30 11:00:00 AM 01:00:00 PM 11:00:00 AM 01:00:00 PM Room Requested The room may be divided into sections or can be one large room. Choose the size that you need. Room has an 8.5-foot counter area with a sink. Room Set-Up Other seating options: Equipment needed: Equipment not provided: Computers or connection cords/electrical cords Microphones are not available in the Caucus rooms. Projector Other: How many? Room Requested Equipment needed: Equipment not provided: Computers or connection/electrical cords. Other: ROOM REQUESTED CAUCUS ROOM Caucus Room The traditional seating arrangement is Boardroom style. 1/3 side has four, 5-foot tables with 10 chairs 2/3 side has six, 5-foot tables with 20 chairs (plus 15-20 chairs around perimeter of room) Classroom, Seating capacity 33 Theater (chairs only), Seating capacity 50 Projection screen Are tables and/or chairs needed around periphery of room? Yes No If you selected YES - please fill out the details below. How many additional table/chairs are needed? 0 Note: Extra tables/chairs available: 34 chairs, eight 4-foot tables, six 6-foot tables. ROOM REQUESTED COUNCIL CHAMBERS Seating capacity: 112 Council Chambers Microphone(s) 13 available on dais, 1 at presenter's podium, 1 at clerk's desk Dais Dais # and which ones Projection Screen Are tables and/or chairs needed around periphery of room? Yes No If you selected YES - please fill out the details below. How many?How many additional table/chairs are needed? Note: Extra tables/chairs available: 34 chairs, eight 4-foot tables, six 6-foot tables. ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY FACILITY USE POLICY I have read and understand the City of Carmel, Indiana ("City") Facility Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * * GO TO SUBMIT TAB TO FINALIZE YOUR REQUEST Guardian Wells Financial Name of Organization/Applicant Signature of Authorized Agent/Applicant Allyson McClure Printed Name and Title (If applicable) allyson@guardianwells.com Email (Required) 3,176,600,929 Phone Number (Required) 722 South Rangeline Road, Carmel, IN 46032 Address of Organization/Applicant I confirm that I am 18 years of age or older. 3/14/2023 Date CITY OF CARMEL USE ONLY Approved this _____day of__________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: ______________________________ Sue Wolfgang, City Clerk Date: ______________________________ Special Conditions:__________________________________________________________________ SUBMIT Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3/13/23 CPD Horner 3/13/23 CRED Brewer 3/20/23 CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this form. Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Meg Gates Osborne Meg@Megpromo.com 3175907522 3175907522 Carmel International Arts Festival City Carmel State / Province / Region IN Postal / Zip Code 46082 Country United States Street Address P.O. Box 778 Address Line 2 Non-Profit Organization Do you reside or are you located within the Carmel city limits? Yes No Carmel International Arts Festival 9/23/2023 9/24/2023 30,000 06:00:00 AM 06:00:00 PM Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-28-23 CPD Horner 3-22-23 CRED Brewer 3-30-23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 10:00:00 AM 10:00:00 PM NA Will a Fee be charged for this event? If yes, please describe below. YES NO Provide a brief description of event Carmel International Arts Festival Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other City of Carmel Stage SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the Public Use Policy. N/A CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: Further Info for type of closure EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Other Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT Meg Osborne Name of Organization/Applicant Signature of Authorized Agent/Applicant Meg Gates Osborne Printed Name and Title (If applicable) 317-590-7522 Phone Number (Required) P.O. Box 778 Carmel, IN 46082 Address of Organization/Applicant 3/19/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT Per Lampe, Parks Dept, use of Monon Greenway approved. Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-24-23 CPD Horner 3-27-23 CRED Brewer 3-30-23 xx PM CITY OF CARMEL, INDIANA INFORMATION SPECIAL EVENT / FACILITY USE REQUEST FORM * Must be at least 18 years of age to complete this form. Contact Person Email Phone Number: Cell Number: Name/Organization: Address Organization Type: Residency/Location: Event/Use Purpose: Event Date End Date Number of People Expected: Set-Up Start time Tear Down End Time CONTACT INFORMATION: Zak Khan zkhan@mssurgerycenter.com 3173798566 3173798566 Zak Khan City carmel State / Province / Region IN Postal / Zip Code 46032 Country US Street Address 415 Springwood Dr Address Line 2 Individual Do you reside or are you located within the Carmel city limits? Yes No Provide a private party for Lake Forest Ferrari 5/5/2023 5/5/2023 40 03:00:00 PM 10:00:00 PM Approved by Center for Performing Arts 3/17/23 Ramona Adams Clerk 3-29-23BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-20-23 CPD Horner 3-20-23 CRED Brewer 3-20-23 Event Start time:Event end time: Rehearsal Rehearsal Date: Rehearsal Start Time: Rehearsal End Time: Fees? Description of Event: FACILITY (S) REQUESTS: VENDORS: 06:00:00 PM 09:00:00 PM NA Will a Fee be charged for this event? If yes, please describe below. YES NO Provide a brief description of event I am throwing a private event for Ferrari. We will have a 30-40 people enjoying the new models from Lake Forest Ferrari. We will be enjoying hors d'oeuvres outside and also inside the Palladium. Attach additional pages if needed-SEE BELOW ADDITIONAL PAGES OF DESCRIPTION OF THE EVENT CITY FACILITY (S) REQUESTED: Mark all that apply CARTER GREEN (area between Palladium & theater building) CIVIC SQUARE FOUNTAIN AREA CIVIC SQUARE GAZEBO / LAWN JAPANESE GARDEN MONON & MAIN PLAZA MIDTOWN PLAZA - Events must be free and open to the public. REFLECTING POOL - Please note that Veteran's Plaza is NOT available for use. Other Palladium east courtyard, between Palladium and Carmichael Hotel SPECIAL REQUESTS: Mark all that apply ELECTRICITY FOUNTAIN RESTROOM - FOUNTAIN/GAZEBO JAMES BUILDING RESTROOMS (CARTER GREEN) *Extra fees apply N/A Other VENDORS: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY VENDORS PRESENT FOOD SERVED (May be subject to Hamilton County Health Department inspection.) ALCOHOL SERVED - Please see Section M under “General Terms and Conditions” in the Public Use Policy. N/A 3 cars will be on the patio. CITY SERVICES NEEDED: Neighborhood Name/Streets to be closed UPLOAD MAP Type of Closure: CITY SERVICES NEEDED: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY EMERGENCY MEDICAL SERVICES (EMS) (Extra fees may apply) EXTRA PATROL DURING EVENT (when available) TRAFFIC CONTROL (Extra fees may apply) ONSITE SECURITY (Assigned off-duty CPD officers, extra fees will apply) BARRICADES NO PARKING SIGNS (PICK UP AT CARMEL POLICE DEPARTMENT) N/A Other Will provide our own security Please note the number of NO PARKING SIGNS needed EVENT SET UP: Mark all that apply SEE CITY OF CARMEL FACILITY USE POLICY Stage Size of Stage Tent(s) – If placing a tent over the entire green space at Midtown Plaza, the exclusive vendor for tent rental is A-Classic Party Rentals (317-251-7368). Otherwise, you may use the vendor of your choice. Size of Tent (s) (Tents 20 x 20 or larger require inspection by Carmel Fire Department, 317-571- 2600) Bounce House N/A Other Name of Merchants(s) doing the setup Phone Number of Merchant(s) doing set up: STREET(S) REQUESTED: SEE CITY OF CARMEL FACILITY USE POLICY Include addresses as appropriate An easy to read, color map of the area is required with submission. Rolling closure Total closure Lane restrictions - explain below Other - explain below N/A Explain lane restrictions needed and other needed below: Further Info for type of closure A refundable Security Deposit in the amount of $100 for any applicant located or residing within Carmel city limits or a non-refundable event fee in the amount of $150 for any applicant located or residing outside of Carmel city limits must be received prior to application review or processing. Payment may be made online using a credit or debit card at https://www.govpaynow.com . PLC #A0026j, calling the Govpay call center at 1-888-604-7888 (give them PLC#) or in the form of a certified check or money order made payable to the City of Carmel. (Mail to: Carmel City hall, Attn: Lobby Desk, 1 Civic Square, Carmel, IN 46032) The Carmel Board of Public Works and Safety reserves the right, in its sole discretion, to deny any facility use request and/or revoke any previsously granted request to use a City facility for any lawful reason. SECURITY DEPOSIT AND FEE: DISCLAIMER: ACKNOWLEDGEMENT AND AGREEMENT Mayor's Office ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH CITY PUBLIC USE POLICY I have read and understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. I will leave the City facility I use in the same condition that it was immediately prior to my use thereof. I agree to pay for any damage, repair or clean-up costs incurred by the City as a result of my use of a City facility. I hereby certify that I, and the organization I represent, if applicable, agree to be bound by the City's Facility Use Policy and by any addition conditions or restrictions placed upon my/our use of a City facility by the Board. I understand that the Board has the right to deny, alter or revoke my request for the use of a City facility for any lawful reason. I and/or my organization also agree to indemnify and hold harmless the City of Carmel and all of its directors, officers, employees, agents and affiliates from any claims of whatever nature (whether foreseeable or not) arising from or in connection with this Application for any damages, costs or expenses incurred directly or indirectly as a result of my/our use of the City-owned facility and/or property. * * * Public Use Policy * GO TO SUBMIT TAB AND CLICK ON SUBMIT Zak Khan Name of Organization/Applicant Signature of Authorized Agent/Applicant Zak Khan Printed Name and Title (If applicable) 3173798566 Phone Number (Required) 415 springwood dr, carmel, in 46032 Address of Organization/Applicant 3/14/2023 Date I confirm that I am 18 years of age or older. By selecting this box, I hereby acknowledge that I have read and fully understand the City of Carmel, Indiana ("City") Public Use Policy and agree to be bound by all the terms and conditions set forth therein. Public Use Policy Acknowledgement and Agreement (Required) CITY OF CARMEL USE ONLY Approved this ______day of _______________, 20 CITY OF CARMEL, INDIANA By and Through its Board of Public Works and Safety ___________________________________ James Brainard, Presiding Officer Date: ______________________________ ___________________________________ Mary Ann Burke, Member Date: ______________________________ ___________________________________ Lori Watson, Member Date: ______________________________ ATTEST: _____________________ Sue Wolfgang, City Clerk ________________ Date Special Conditions:__________________________________________________________________ APPLICATION CHECKLIST (for use by City of Carmel) Checklist Applicable permit or approval copies received Application completed in full Event narrative description included Maps attached, if applicable Vendor list attached, if applicable Security deposit or event fee received Certificate of Insurance received Communication plan to residents and/or businesses and/or copy of email correspondence to affected parties received HOA approval received Hamilton County Health Department Hamilton County Sheriff City of Carmel Fire Marshal City of Carmel Police Department Carmel Clay Parks & Recreation SUBMIT Clerk 3-29-23 BPW 4-5-23 Reviewed/Approved Via Email CFD Heavner 3-20-23 CPD Horner 3-20-23 CRED Brewer 3-20-23 Clerk 3/29/23 BPW 4/5/23 Reviewed/Approved Via Email CPD Horner 3/13/23 CFD Heavner 3/13/23 CRED Brewer 3/20/23 Monon & Main use approved by Chuck Lazzara CzTfshfzHsfdivlijobu3;35qn-Nbs24-3134 ”    www.hwcengineering.comxxxx    ” www.hwcengineering.com