HomeMy WebLinkAboutPaperless Packet for BPW Meeting 01-11-24Board of Public Works and Safety Meeting
Agenda
Thursday, January 11, 2024 – 10:00 a.m.
Council Chambers City Hall, One Civic Square
MEETING CALLED TO ORDER
1. MINUTES
a. Minutes from the December 20, 2023, Regular Meeting
2. PERFORMANCE BOND REDUCTION APPROVAL REQUEST
a. Resolution BPW 01-11-24-09; Bond Release for Lakefront Court Medical Office; Storm Sewer/ Right of Away/ Erosion Control; Capitol Construction Service, Inc. b. Resolution BPW 01-11-24-10; Bond Release for St. Mary & St. Mark Coptic Orthodox Church; Erosion Control/Right of Way; St. Mary & St. Mark Coptic Orthodox Church c. Resolution BPW 01-11-24-11; Bond Release for Courtyards of Carmel, Section 1;
Section 1-Signs/Right of Way-Smokey Row; Epcon Carmel, LLC
3. CONTRACTS
a. Request for Purchase of Goods and Services; AVI Systems, Inc; ($22,177.00); Audio Visual Equipment; Additional Services Amendment; Chief David Haboush, Carmel Fire Department b. Request for Purchase of Goods and Services; Lexipol, LLC; ($2,500.00); 2024 Grant Writing Services; Addendum to Services Agreement; Chief David Haboush, Carmel
Fire Department
c. Request for Purchase of Goods and Services; Stryker Sales, LLC; ($33,326.32); LifePak AED Purchase; Additional Services Amendment; Chief David Haboush, Carmel Fire Department d. Resolution BPW 01-11-24-04; Request for Acknowledgement of Contract between
City and Vendor; Flock Safety; ($154,880.88); Camera Equipment; Additional Services Amendment; Chief James Barlow, Carmel Police Department; Timothy Renick, Director of Information and Communications Services e. Resolution BPW 01-11-24-05; Request for Acknowledgement of Contract between City and Vendor; Matchbook Creative, Inc.; ($15,050.00); Professional Services for
Newsletter and Promotional Items; Additional Services Amendment; Nancy Heck,
Director of the Department of Community Relations f. Request for Purchase of Goods and Services; American Structurepoint, Inc.; (-$332,913.84); 20-ENG-02 - 106th Street and College Avenue Roundabout; CO #5; Jeremy Kashman, City Engineer
g. Request for Purchase of Goods and Services; Beam, Longest & Neff, LLC; ($720.00); 20-ENG-O4-S-College Avenue Reconstruction; Additional Services Amendment; Jeremy Kashman, City Engineer
h. Resolution BPW 01-11-24-07; Request for Acknowledgment of Contract between City and Vendor; Beam, Longest & Neff, LLC; ($6,280.00); College Avenue Reconstruction South/ Parcel 1-Penn on Parkway; Additional Services Amendment;
Jeremy Kashman, City Engineer
i. Request for Purchase of Goods and Services; Streetlight Data, Inc.; ($56,353.00); 3-Year Subscription Package; Additional Services Amendment; Jeremy Kashman, City Engineer j. Request for Purchase of Goods and Services; The Etica Group, Inc.; ($140,536.56);
22-ENG-02 - 116th Street Multi-Use Path from Michigan Road to Towne Road; Additional Services Amendment; Jeremy Kashman, City Engineer k. Resolution BPW 01-11-24-08; Request for Acknowledgment of Contract between City and Vendor; Thomas P. Miller & Associates, LLC; ($61,583.00); Community Engagement Survey; Additional Services Amendment; Mayor James Brainard
l. Request for Purchase of Goods and Services; Mainscape, Inc.; ($43,731.00); Snow Removal; Additional Services Amendment; Matt Higginbotham, Street Commissioner m. Request for Purchase of Goods and Services; Mainscape, Inc.; ($1,507,733.93); Grounds Maintenance/Mowing/Landscaping; Additional Services Amendment; Matt Higginbotham, Street Commissioner
n. Resolution BPW 01-11-24-02; Request for Acknowledgement of Contract between City and Vendor; Barth Electric Co., Inc.; ($703,038.00); Tarkington Lighting; Matt Higginbotham, Street Commissioner o. Resolution BPW 01-11-24-06; Request for Acknowledgement of Contract between City and Vendor; Cold Spring Granite Company; ($26,640.00); Granite Pavers; Matt
Higginbotham, Street Commissioner
p. Request for Purchase of Goods and Services; TruGreen; ($246,277.14); Fertilization; Additional Services Amendment; Matt Higginbotham, Street Commissioner
4. REQUEST TO USE CITY STREETS/PROPERTY
a. Request to Close Loop Around Carter Green and Food Truck Vendors; Festival of Ice; January 19-23, 2024; 1:00PM – 12:00AM; Meg Gates Osborne, City of Carmel
b. Request to Use Midtown Plaza; Indy Impalas Send-off Celebration; April 27, 2024; 12:00 PM -5:00 PM; Evan Roberts, Indianapolis Rugby Club (Indy Impalas)
5. OTHER
a. WITHDRAWN Request for Secondary Plat; Five-Ten Subdivision; Tom Lazzara, Custom Living USA – TABLED on 10/4/23 – b. Request for Waiver of BPW Resolution No. 04-28-17-01; Installation of a Mid-Span Utility Pole; 2450 E Smoky Row; Duke Energy
c. Request for Consent to Encroach and Variance; 1361 S Rangeline Road; TMC LCB I,
LLC d. Request for Secondary Plat; Flora on Spring Mill; Brandon Knox, Onyx & East e. Request for Stormwater Technical Standards Waiver; 502 E Main Street - Carmel High School Polytechnic; Pete Rankovich, TLF Engineers
f. Resolution BPW 01-11-24-12; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts Grant; ($5,500.00); Actors Theatre of Indiana; Additional Arts Grant; Mayor James Brainard g. Resolution BPW 01-11-24-13; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts Grant; ($5,500.00); Carmel Symphony Orchestra;
Additional Arts Grant; Mayor James Brainard
h. Resolution BPW 01-11-24-14; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts Grant; ($19,500.00); Great American Songbook Foundation; Additional Arts Grant; Mayor James Brainard
i. Resolution BPW 01-11-24-15; A Resolution of the City of Carmel Board of Public Works Acknowledging Arts Grant; ($5,500.00); Gregory Hancock Dance Theatre; Additional Arts Grant; Mayor James Brainard j. Resolution BPW 01-11-24-03; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana, Approving the Transfer and Presentation of Pistol and
Badge to Harland Jonathan McNair; 20 years of Meritorious Service; Chief James
Barlow, Carmel Police Department k. Resolution BPW 01-11-24-01; A Resolution of the Board of Public Works and Safety of the City of Carmel, Indiana, Appointing Special Police Officers; Chief James Barlow, Carmel Police Department
6. ADD-ONS
7. ADJOURNMENT
Board of Public Works and Safety Meeting 1
Minutes 2
Wednesday, December 20, 2023 – 10:00 a.m. 3
Council Chambers City Hall, One Civic Square 4
5 6 7 MEETING CALLED TO ORDER 8 9
Mayor James Brainard called the meeting to order at 10:13 AM. 10 11 MEMBERS PRESENT 12
13 Mayor James Brainard, Board Members Mary Ann Burke and Lori Watson, and Deputy Clerks Jessica 14
Komp and Jessica Dieckman were present. 15
16 MINUTES 17 18 Minutes from the December 6, 2023, Regular Meeting. Board Member Burke move to approve. Board 19 Member Watson seconded. Minutes were approved 3-0. 20
21 BID OPENING AND AWARD 22 23
Bid Award for City-Wide Residential Solid Waste, Yard Waste, Recycling Collection and Disposal 24 John Duffy, Director of Utilities, recommended awarding the bid to Republic Services of Indiana, LP, 25 as the lowest most responsive bidder, in the amount of $43,103,640.00, for 7-year contract. Board 26 Member Burke moved to approve. Board Member Watson seconded. Award approved 3-0. 27
28 PERFORMANCE BOND REDUCTION APPROVAL REQUEST 29
Resolution BPW 12-20-23-06; Bond Release for Asherwood; BMP Structures; Board Member Burke 30
moved to approve. Board Member Watson seconded. Resolution approved 3-0. 31
Resolution BPW 12-20-23-07; Bond Release for One46 Townhomes; Right of Way & Erosion Control; 32 Board Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 33
Resolution BPW 12-20-23-08; Bond Release for Dreyer & Rienbold Racing; Erosion Control; Board 34
Member Burke moved to approve. Board Member Watson seconded. Resolution approved 3-0. 35 36 CONTRACTS 37
Resolution 12-20-23-05; Request for Acknowledgement of Contract between City and Vendor; EVG 38
Media, Inc.; ($3,250.00); Content License Agreement; Board Member Burke moved to approve. Board 39 Member Watson seconded. Request approved 3-0. 40
Request for License Agreement between City and Vendor; Peto’s; Patio Area Agreement; Board 41
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 42
Resolution 12-20-23-04; Request for Acknowledgement of Grant Agreement between City and 43 Grantee; Hamilton County Tourism, Inc.; ($50,000.00); Employment of Sustainability Senior 44 Manager; Board Member Burke moved to approve. Board Member Watson seconded. Request 45
approved 3-0. 46
Request for Purchase of Goods and Services; American Structurepoint, Inc.; ($550,000.00); On-Call 47
Professional Services; Additional Services Amendment; Board Member Burke moved to approve. 48 Board Member Watson seconded. Request approved 3-0. 49
Request for Purchase of Goods and Services; Clark Dietz, Inc.; ($244,400.00); Auman-Newark 50
Sidewalk & Drainage Improvements Design; Additional Services Amendment; Board Member Burke 51
moved to approve. Board Member Watson seconded. Request approved 3-0. 52
Request for Purchase of Goods and Services; Morphey Construction, Inc.; ($7,644.06); 22-ENG-02 53 116th Street Multi-Use Path - CO #1; Board Member Burke moved to approve. Board Member Watson 54 seconded. Request approved 3-0. 55
Request for Purchase of Goods and Services; Monroe Site Work, LLC; ($-5,382.40); 16-ENG-97A 56
Gray Road Pathway 106th to 116th – CO #2 FINAL; Board Member Burke moved to approve. Board 57
Member Watson seconded. Request approved 3-0. 58
Request for Purchase of Goods and Services; CrossRoad Engineers, P.C.; ($124,285.00); 22-ENG-06 59 Penn One Eleven RAB Design/Bid/Construction Inspection; Additional Services Amendment; Board 60
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 61
Request for Interlocal Agreement between The City of Carmel and The Town of Zionsville; 62
Construction of Shared Multi-Use Path on 116th Street between Michigan Rd and Shelborne Rd; Board 63 Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 64
Request for Purchase of Goods and Services; Officeworks Services, LLC; ($51,817.97); Engineering 65
Department Redesign; Additional Services Amendment; Board Member Burke moved to approve. 66
Board Member Watson seconded. Request approved 3-0. 67
Request for Purchase of Goods and Services; The Taylor Realty Group, P.C.; ($19,990.00); 20-ENG-68 04-N College Ave Reconstruction, Parcels #11 & 15 – Second Appraisals; Additional Services 69 Amendment; Board Member Burke moved to approve. Board Member Watson seconded. Request 70
approved 3-0. 71
Request for Purchase of Goods and Services; Cintas Corporation #18; ($1,199.40); Rug Cleaning; 72
Additional Services Amendment; Board Member Burke moved to approve. Board Member Watson 73 seconded. Request approved 3-0. 74
Request for Purchase of Goods and Services; Info-Tech Research Group, Inc.; ($23,595.00); IT 75
Research and Advisory Services; Additional Services Amendment; Board Member Burke moved to 76
approve. Board Member Watson seconded. Request approved 3-0. 77
Resolution BPW 12-20-23-01; Request for Acknowledgement of Contract between City and Vendor; C. 78 Solano, S.L.; ($2,000.00); Artist Finalist Terms of Agreement; Board Member Burke moved to 79 approve. Board Member Watson seconded. Request approved 3-0. 80
Resolution BPW 12-20-23-02; Request for Acknowledgement of Contract between City and Vendor; 81
Christopher Weed; ($2,000.00); Artist Finalist Terms of Agreement; Board Member Burke moved to 82
approve. Board Member Watson seconded. Request approved 3-0. 83
Resolution BPW 12-20-23-03; Request for Acknowledgement of Contract between City and Vendor; 84 CBIZ Benefits & Insurance Services, Inc.; Administration Services Agreement for Actuarial 85 Experience Study; Board Member Burke moved to approve. Board Member Watson seconded. Request 86
approved 3-0. 87 88 REQUEST TO USE CITY STREETS/PROPERTY 89
Request to Use Carter Green, Civic Square Gazebo/Lawn/Fountain Area & Restroom, Japanese 90
Garden, Midtown Plaza, Monon & Main Plaza, Reflecting Pool, James Building Restrooms, Closure 91
of Loop Around Carter Green, Possible Closure of 3rd Avenue; Solar Eclipse Viewing; April 8, 2024; 92 12:00 AM – 11:59 PM; Board Member Burke moved to approve. Board Member Watson seconded. 93 Request approved 3-0. 94
Request to Use Carter Green, James Building Restrooms & Various Spots Along Main Street; Festival 95
of Ice – Ice Sculpting Event; January 19 -21, 2024; 1:00 PM – 7:00 PM; Board Member Burke moved 96
to approve. Board Member Watson seconded. Request approved 3-0. 97
Request to Use Carter Green or Palladium East Patio; Rehearsal & Wedding Ceremony; June 6, 98 2024, 5:00 PM – 6:00 PM & June 7, 2024, 2:00 PM – 7:00 PM; Board Member Burke moved to 99
approve. Board Member Watson seconded. Request approved 3-0. 100
Request to Use Carter Green or Palladium East Patio; Rehearsal & Wedding Ceremony; June 14, 101
2024, 5:00 PM – 6:00 PM & June 15, 2024, 2:00 PM – 7:00 PM; Board Member Burke moved to 102 approve. Board Member Watson seconded. Request approved 3-0. 103
Request to Use Carter Green or Palladium East Patio; Rehearsal & Wedding Ceremony; June 21, 104
2024, 5:00 PM – 6:00 PM & June 22, 2024, 2:00 PM – 7:00 PM; Board Member Burke moved to 105
approve. Board Member Watson seconded. Request approved 3-0. 106
Request to Use Carter Green or Palladium East Patio; Rehearsal & Wedding Ceremony; June 28, 107 2024, 5:00 PM – 6:00 PM & June 29, 2024, 2:00 PM – 7:00 PM; Board Member Burke moved to 108 approve. Board Member Watson seconded. Request approved 3-0. 109
Request to Use Carter Green or Palladium East Patio; Rehearsal & Wedding Ceremony; September 110
13, 2024, 5:00 PM – 6:00 PM & September 14, 2024, 2:00 PM – 7:00 PM; Board Member Burke 111
moved to approve. Board Member Watson seconded. Request approved 3-0. 112
Request to Use Carter Green; Ice at Carter Green Food Truck Vendor; December 26 - 31, 2023; 9:00 113 AM – 10:00 PM; Board Member Burke moved to approve. Board Member Watson seconded. Request 114
approved 3-0. 115
Request to Use Ice at Carter Green; Carmel Winter Games; February 9 -10, 2024; 7:00 AM – 7:00 116
PM; Board Member Burke moved to approve. Board Member Watson seconded. 117 Request approved 3-0. 118 119
OTHER 120
121
Request for Secondary Plat; Five-Ten Subdivision; Tom Lazzara, Custom Living USA – TABLED on 122 10/4/23. REMAINS TABLED 123
Request for Consent to Encroach and Variance; 5560 Salem Drive North; Board Member Burke 124
moved to approve. Board Member Watson seconded. Request approved 3-0. 125
Request for Consent to Encroach and Variance; 12048 Eagleview Drive; Board Member Burke moved 126 to approve. Board Member Watson seconded. Request approved 3-0. 127
Request for Grant of Perpetual Stormwater Quality Management Easement; 4501 W 99th Street; Board 128
Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 129
Request for Lane Restrictions and Open Pavement Cuts; 524 2nd Avenue NE; Board Member Burke 130
moved to approve. Board Member Watson seconded. Request approved 3-0. 131
Request for Secondary Plat; Rangeline Subdivision; Board Member Burke moved to approve. Board 132 Member Watson seconded. Request approved 3-0. 133
Request for Second Curb Cut; 140 N Rangeline Road; Board Member Burke moved to approve. Board 134
Member Watson seconded. Request approved 3-0. 135
Request for Stormwater Technical Standards Waiver; Five Ten Subdivision – 510 1st Avenue NE; 136 Board Member Burke moved to approve. Board Member Watson seconded. Request approved 3-0. 137 138
ADD-ONS 139
140 Board Member Burke moved to add two add-on items to the agenda. Member Watson seconded. 141
Approved 3-0. 142
143 Hotel Rooms for Festival of Ice Carvers 144 The Community Relations Department requests the approval of Hotel Rooms for the Festival of Ice 145 Carvers at the Renaissance Hotel, in the amount of $6,120.00. Presented by Sergey Grechukhin, Office 146
of the Corporation Counsel. Board Member Burke moved to approve. Member Watson seconded. 147
Request approved 3-0. 148
149 Duke Energy Reimbursement Agreement 150 The Engineering Department requests the approval of Utility Reimbursement Agreement with Duke 151
Energy Indiana, LLC for 116TH and AAA Way, in the amount of $134,400.74. Presented by Sergey 152
Grechukhin, Office of the Corporation Counsel. Board Member Burke moved to approve. Member 153
Watson seconded. Request approved 3-0. 154 155 ADJOURNMENT 156
157
Mayor James Brainard adjourned the meeting at 10:20 AM. 158 159
160
161
APPROVED: ____________________________________ 162
Jacob Quinn – City Clerk 163 164 165
____________________________________ 166
Mayor Sue Finkam 167 168 169
ATTEST: ____________________________________ 170
Jacob Quinn – City Clerk 171
To: Board of Public Works Date: January 2, 2024
and Safety
City of Carmel, Indiana Resolution No: BPW-01-11-24-09
From: CITY ENGINEER
Principal: Capitol Construction Service, Inc.
Surety: CAN Surety
Board Members:
I have conducted final inspection at Lakefront Court Medical Office for the following
improvements:
ITEM SURETY NUMBER AMOUNT
Storm Sewer/ROW 30172733 $30,000.00
Erosion Control 30172732 $13,023.75
The above improvements have been inspected and are acceptable to the City of Carmel. I
recommend acceptance of said improvement, subject to the following conditions:
3-year maintenance guarantees to replace the surety listed above must be submitted to
replace the performance guarantee. The required maintenance guarantee amounts are as
follows:
ITEM AMOUNT
Storm Sewer/ROW $3,000.00
Erosion Control $1,302.37
APPROVED:
_____________________________
Jeremy Kashman, City Engineer
Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this
11th day of January 2024, that the performance guarantee for Lakefront Court Medical
Office listed above is accepted and released by the City of Carmel, Indiana subject to
any conditions listed above.
Signed:_____________________________(Presiding Officer)
_____________________________ (Member)
_____________________________ (Member)
Board of Public Works and Safety
To: Board of Public Works Date: January 2, 2024
and Safety
City of Carmel, Indiana Resolution No: BPW-01-11-24-10
From: CITY ENGINEER
Principal: St. Mary & St. Mark Coptic Orthodox Church, INC.
Surety: The Ohio Casualty Insurance Co.
Board Members:
I have conducted final inspection at St. Mary & St. Mark Coptic Orthodox Church for the
following improvements:
ITEM SURETY NUMBER AMOUNT
Erosion Control 69C005305 $85,865.10
Right of Way 69C005306 $13,559.00
The above improvements have been inspected and are acceptable to the City of Carmel. I
recommend acceptance of said improvement, subject to the following conditions:
3-year maintenance guarantees to replace the surety listed above must be submitted to
replace the performance guarantee. The required maintenance guarantee amounts are as
follows:
ITEM AMOUNT
Erosion Control $8,586.51
APPROVED:
_____________________________
Jeremy Kashman, City Engineer
Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this
11th day of January 2024, that the performance guarantee for St. Mary & St. Mark Coptic
Orthodox Church listed above is accepted and released by the City of Carmel, Indiana
subject to any conditions listed above.
Signed:_____________________________(Presiding Officer)
_____________________________ (Member)
_____________________________ (Member)
Board of Public Works and Safety
To: Board of Public Works Date: January 2, 2024
and Safety
City of Carmel, Indiana Resolution No: BPW-01-11-24-11
From: CITY ENGINEER
Principal: Epcon Carmel, LLC
Surety: Philadelphia Insurance Co.
Board Members:
I have conducted final inspection at Courtyards of Carmel, Section 1 for the following
improvements:
ITEM SURETY NUMBER AMOUNT
Section 1 Signs PB00155801521 $2,459.30
Right of Way-Smoky Row PB00155801420 $75,693.75
The above improvements have been inspected and are acceptable to the City of Carmel. I
recommend acceptance of said improvement, subject to the following conditions:
3-year maintenance guarantees to replace the surety listed above must be submitted to
replace the performance guarantee. The required maintenance guarantee amounts are as
follows:
ITEM AMOUNT
Section 1 Signs $500.00
Right of Way-Smoky Row $7,569.37
APPROVED:
_____________________________
Jeremy Kashman, City Engineer
Be it resolved by the board of Public Works and Safety, City of Carmel, Indiana on this
11th day of January 2024, that the performance guarantee for Courtyards of Carmel,
Section 1 listed above is accepted and released by the City of Carmel, Indiana subject
to any conditions listed above.
Signed:_____________________________(Presiding Officer)
_____________________________ (Member)
_____________________________ (Member)
Board of Public Works and Safety
CzTfshfzHsfdivlijobu:;18bn-Efd29-3134
ExhibitA
INDIANA RETAIL TAX EXEMPT Page 1 of 1
City ®f Carme CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 110505
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
ORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997
SHIPPING LABELS AND ANY CORRESPONDENCE
HASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
12/11 /2023 376619 SAFE House Equipment - Front Wall Projector
AVI SYSTEMS INC Carmel Fire Department
VENDOR PO BOX 801069 SHIP 210 Veterans Way
TO Carmel, IN 46032-
KANSAS CITY, MO 64180--1069
PURCHASE ID BLANKET CONTRACT PAYMENTTERMS FREIGHT
83182
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1120 Fund: 102 Ambulance Capital Fund
Account: 44-670.99
2 Each V11 HA33820 Epson EB-PU1008B 850OLM WUXGA Black Proj $6,012.00 $12,024.00
1 Each Shipping $145.00 $145.00
2 Each V12HO04UA3 Ultra Short Throw Lens ELPLX01S $5,004.00 $10,008.00
Sub Total $22,177.00
ill
Send Invoice To:
Carmel Fire Department
210 Veterans Way
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
PAYMENT $22,177.00
SHIPPING INSTRUCTIONS * A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FORTHE 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
Denise Snyder James Crider
TITLE Accreditation/Budget Administrator Director of Administration
CONTROL NO. 110505 CONTROLLER
CzTfshfzHsfdivlijobu:;14bn-Efd2:-3134
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AsofMarch2020
LIFEPAK® 15service
StrykerhasbeennotifiedbyourglobalpartsprovidersthatsomecomponentsusedoncertainLIFEPAK15monitor/defibrillatormodels (Part
NumbersbeginningwithV15-2) arenolongeravailableinthemarket. ServiceontheLIFEPAK15withPartNumberbeginningwithv15-5orv15-7is
unaffected.
StrykerwillcontinuetoofferservicesupportforthissubsetoftheLIFEPAK15asfollows:
oIfacomponenthasfailedonyourdevice, yourlocalSalesRepresentativeshouldbecontactedforsupport
oStrykerwillcontinuetooffercontractualserviceonayearlybasisonly
oPreventivemaintenancewillcontinuetobedoneondeviceslessthaneight (8) yearsold. Afterthispoint, wewillceaseto
conductpreventativemaintenanceandshifttodeviceinspections
oIfacomponentfailsonyourdevice, pleasecontactyourlocalSalesRepresentativeforsupport. Apro-ratedcreditforanypre-
paidservicewillbeprovidedshouldaunitbecomenon-serviceableduetopartavailability
ItisimportanttonotethattheLIFEPAK15hasanexpectedlifeofeight (8) yearsfromthedateofmanufacture. Ifyouareuncertainofthe
manufacturedateofyourproducts, pleasecontactyourlocalSalesRepresentativeforafullfleetassessment.
Wewanttoensurethehighestqualityproductsandservicesforourcustomers. Assuch, itisimportanttoknowthatStrykeristheonlyFDA-
approvedserviceproviderforourproducts. Wedonotcontractwiththirdpartyserviceproviders, norwillwebeprovidingthemwithanyadditional
partsfortheserepairs. Assuch, wecannotguaranteethesafetyandefficacyofanydevicethatisrepairedbyathird-partyserviceagency.
Page1of1INDIANARETAILTAXEXEMPT
CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT110397
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
LifepaksVersion3and412/5/202300351580
STRYKER MEDICAL Carmel FireDepartment
VENDORSHIPPOBOX93308 210Veterans Way
TO Carmel, IN 46032-
CHICAGO, IL 60673 -
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
82960
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 1120102Ambulance Capital Fund
Account: 44-670.99
15EachLifePak Procare Version 2$2,093.80$31,407.00
Each1LifePak Procare Version 4$1,919.32$1,919.32
SubTotal 33,326.32
SendInvoiceTo:
Carmel FireDepartment
210Veterans Way
Carmel, IN 46032-
PLEASEINVOICEINDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
33,326.32PAYMENT
A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TO PAYFOR THE ABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL
THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. DeniseSnyder
TITLEAccreditation/BudgetAdministrator
CONTROL NO. 110397 CONTROLLER
RESOLUTION NO. BPW 01-11-24-04
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
Flock Safety + IN - Carmel PD
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
MAIN CONTACT:
Megan Sullivan
megan.sullivan@flocksafety.com
9192157881
DocuSign Envelope ID: 9F2C4521-0504-4A39-8482-8A49743A33F3
EXHIBIT A
ORDER FORM
Customer: IN - Carmel PD Initial Term: 60 Months
Legal Entity Name: IN - Carmel PD Renewal Term: 12 Months
Accounts Payable Email: jgrose@carmel.in.gov Payment Terms: Net 30
Address: 3 Civic Sq Carmel, Indiana 46032 Billing Frequency: Annual - First Year at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $206,804.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 69 Included
Flock Safety Falcon ® Flex Included 3 Included
Flock Safety Wing ™ LPR Included 23 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $3,500.00 1 $3,500.00
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $350.00 9 $3,150.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 5 $750.00
Professional Services - Wing Implementation Fee $350.00 1 $350.00
Subtotal Year 1: $211,054.00
Annual Recurring Subtotal: $206,804.00
Discounts: $254,480.00
Estimated Tax: $0.00
Contract Total: $1,038,270.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party
notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
DocuSign Envelope ID: 9F2C4521-0504-4A39-8482-8A49743A33F3
DocuSign Envelope ID: 9F2C4521-0504-4A39-8482-8A49743A33F3
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $211,054.00
Annual Recurring after Year 1 $206,804.00
Contract Total $1,038,270.00
Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $243,480.00
Flock Safety Add-ons $7,500.00
Flock Safety Professional Services $3,500.00
DocuSign Envelope ID: 9F2C4521-0504-4A39-8482-8A49743A33F3
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle
Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock
Hardware.
Flock Safety Falcon® Flex
An infrastructure-free, location-flexible license plate reader camera that
enables the Customer to self-install.
The Term shall commence upon execution of this Statement of Work.
Flock Safety Wing™ LPR
Software integration with third-party cameras utilizing Flock’s Vehicle
Fingerprint Technology® for license plate capture.
The Term shall commence upon execution of this Agreement and
continue for one (1) year, after which, the Term may be extended by
mutual consent of the Parties, unless terminated by either Party.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance
with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with
the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have
ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations
License Plate Lookup Look up specific license plate location history captured on Flock devices
Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate
state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and
network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor
plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems,
utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e.,
hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera
Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera
DocuSign Envelope ID: 9F2C4521-0504-4A39-8482-8A49743A33F3
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
2.000 each Falcon Camera (North Trailhead and South Trailhead)$ 2,500.000 $ 5,000.00
2.000 each Implementation Fees $ 350.000 $ 700.00
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.58995
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.
IHEREBY 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:
5,700.00
Purchasing Administrator
58995
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
Additional Camera's for Park's OccupancyMonitoring3342612/24/2312/19/2023
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
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock
Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318
Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and
together, the “Parties”) on this the 05 day of December 2023. This Agreement is effective on the
date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”)
which will describe the Flock Services to be performed and the period for performance, attached
hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through
Flock’s technology platform that upon detection is capable of capturing audio, video, image, and
recording data and provide notifications to Customer (“Notifications”);
WHEREAS, Customer desires access to the Flock Services (defined below) on existing
devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to
create, view, search and archive Footage and receive Notifications, via the Flock Services;
WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to
Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty
30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for
extracting, downloading and archiving Footage from the Flock Services on its own storage
devices; and
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order
Form, purchase orders, statements of work, product addenda, or the like, attached hereto as
exhibits and incorporated by reference, constitute the complete and exclusive statement of the
Agreement of the Parties with respect to the subject matter of this Agreement, and replace and
supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written
communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-
referenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and
any potential personally identifiable information, by commercially available standards which
irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no
longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of
Customer accessing or using the Services, under the rights granted to Customer pursuant to this
Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the
Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and
any other physical elements that interact with the Embedded Software and the Web Interface to
provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with
or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar
panel, installation components, and any other physical elements that interact with the Embedded
Software and the Web Interface, to provide the Flock Services as specifically set forth in the
applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or
proprietary information therein or otherwise provided to Customer and/or its Authorized End
Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes
access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness
solution, via the Web Interface, for automatic license plate detection, alerts, audio detection,
searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware
or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information
pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates,
vehicles owned or associated with wanted or missing person(s), vehicles suspected of being
involved with criminal or terrorist activities, and other legitimate law enforcement purposes.
Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license
plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes
manually entered license plate information associated with crimes that have occurred in any local
jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock
Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud
storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services
such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof
racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its
Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right
to access the features and functions of the Flock Services via the Web Interface during the Term,
solely for the Authorized End Users. The Footage will be available for Authorized End Users to
access and download via the Web Interface for the data retention time defined on the Order Form
Retention Period”). Authorized End Users will be required to sign up for an account and select
a password and username (“User ID”). Customer shall be responsible for all acts and omissions of
Authorized End Users, and any act or omission by an Authorized End User which, including any
acts or omissions of authorized End user which would constitute a breach of this agreement if
undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End
Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users
to comply with such provisions. Flock may use the services of one or more third parties to deliver
any part of the Flock Services, (such as using a third party to host the Web Interface for cloud
storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non-
transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the
Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the
Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health,
in order to improve performance and functionality. Flock will use commercially reasonable
efforts to respond to requests for support within seventy-two (72) hours. Flock will provide
Customer with reasonable technical and on-site support and maintenance services in-person, via
phone or by email at support@flocksafety.com (such services collectively referred to as “Support
Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems
necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or
services to its agencies, the competitive strength of, or market for, Flock’s products or services,
such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the
quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of
the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any
third-party services required for Services are interrupted; (c) if Flock reasonably believe Services
are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or
attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance
Service Interruption”). Flock will make commercially reasonable efforts to provide written
notice of any Service Interruption to Customer, to provide updates, and to resume providing
access to Flock Services as soon as reasonably possible after the event giving rise to the Service
Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any
loss of data or profits), or any other consequences that Customer or any Authorized End User may
incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused
by Customer’s direct actions or by the actions of parties associated with the Customer, the time
will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at
least one full day). For example, in the event of a Service Interruption lasting five (5) continuous
days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End
User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack
on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the
Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of
Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal
activities; (d) Customer has violated any term of this provision, including, but not limited to,
utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized
access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not
be entitled to any remedy for the Service Suspension period, including any reimbursement,
tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled
by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other
hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In
the event any such hazardous materials are discovered in the designated locations in which Flock
is to perform services under this Agreement, Flock shall have the right to cease work
immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a
User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated
registration information. Authorized End Users may not select as their User ID, a name that they
do not have the right to use, or any other name with the intent of impersonation. Customer and
Authorized End Users may not transfer their account to anyone else without prior written
permission of Flock. Authorized End Users shall not share their account username or password
information and must protect the security of the username and password. Unless otherwise stated
and defined in this Agreement, Customer shall not designate Authorized End Users for persons
who are not officers, employees, or agents of Customer. Authorized End Users shall only use
Customer-issued email addresses for the creation of their User ID. Customer is responsible for
any Authorized End User activity associated with its account. Customer shall ensure that
Customer provides Flock with up to date contact information at all times during the Term of this
agreement. Customer shall be responsible for obtaining and maintaining any equipment and
ancillary services needed to connect to, access or otherwise use the Flock Services. Customer
shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and
Customer personnel in order to enable Flock to perform Services (such obligations of Customer
are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants
that Customer shall use Flock Services only in compliance with this Agreement and all applicable
laws and regulations, including but not limited to any laws relating to the recording or sharing of
data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer
Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited,
non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform
all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not
own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post,
upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages,
text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information,
content, ratings, reviews, data, questions, suggestions, or other information or materials produced
by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable
right, title, and interest in Customer Generated Data. Customer understands and acknowledges
that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of
Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide,
royalty-free, license to use the Customer Generated Data for the purpose of providing Flock
Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer
Data and Customer Generated Data to the extent such anonymization renders the data non-
identifiable to create Anonymized Data to use and perform the Services and related systems and
technologies, including the training of machine learning algorithms. Customer hereby grants
Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such
Anonymized Data to improve and enhance the Services and for other development, diagnostic and
corrective purposes, and other Flock offerings. Parties understand that the aforementioned license
is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party
the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or
may disclose business, technical or financial information relating to the Disclosing Party’s
business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality
and performance of the Services. Proprietary Information of Customer includes non-public data
provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not
limited to geolocation information and environmental data collected by sensors. The Receiving
Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized
use of such Proprietary Information that the Party takes with its own proprietary information, but
in no event less than commercially reasonable precautions, and (ii) not to use (except in
performance of the Services or as otherwise permitted herein) or divulge to any third person any
such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with
respect to any information that the Receiving Party can document (a) is or becomes generally
available to the public; or (b) was in its possession or known by it prior to receipt from the
Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d)
was independently developed without use of any Proprietary Information of the Disclosing Party.
Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary
Information pursuant to any judicial or governmental order, provided that the Receiving Party
gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the
termination of this Agreement, all Proprietary Information will be returned to the Disclosing
Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies
thereof, when no longer needed for the purposes above, or upon request from the Disclosing
Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all
confidentiality obligations of Proprietary Information that is trade secret shall continue in
perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in
and to the Flock IP and its components, and Customer acknowledges that it neither owns nor
acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in
Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of
the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or
perceive the source code from which any software component of any of the Flock IP is compiled
or interpreted, or apply any other process or procedure to derive the source code of any software
included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP,
or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to
interfere in any manner with the functionality or proper working of any of the Flock IP; (v)
remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on
or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other
than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise
transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no
implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use,
preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or
third parties, if legally required to do so or if Flock has a good faith belief that such access, use,
preservation or disclosure is reasonably necessary to comply with a legal process, enforce this
Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or
emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order
Form based on the billing structure and payment terms as indicated in the Order Form. If
Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no
later than thirty (30) days after the closing date on the first invoice in which the error or problem
appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to
contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more
than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend
delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least
thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising
any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent
Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the
end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty
of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final
payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on
Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the
legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid
by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and
Flock shall not charge customer any taxes from which it is exempt. If any deduction or
withholding is required by law, Customer shall notify Flock and shall pay Flock any additional
amounts necessary to ensure that the net amount that Flock receives, after any deduction and
withholding, equals the amount Flock would have received if no deduction or withholding had
been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order
Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this
Agreement will automatically renew for successive renewal terms of the greater of one year or the
length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other
Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any
applicable Flock Hardware at a commercially reasonable time period. In the event of any material
breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end
of the Term by giving thirty (30) days prior written notice to the breaching Party; provided,
however, that this Agreement will not terminate if the breaching Party has cured the breach prior
to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this
Agreement (i) upon the institution by or against the other Party of insolvency, receivership or
bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of
creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a
material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund
Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6.
8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded
Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a
Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective
Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole
discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing
within a commercially reasonable time, but no longer than seven (7) business days after Customer
gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may
request a replacement of Flock Hardware at a fee according to the reinstall fee schedule
https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to
replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock
Services will be materially affected, and (2) that Flock shall have no liability to Customer
regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged,
or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to
maintain the Services in a manner which minimizes errors and interruptions in the Services and
shall perform the Installation Services in a professional and workmanlike manner. Services may
be temporarily unavailable for scheduled maintenance or for unscheduled emergency
maintenance, either by Flock or by third-party providers, or because of other causes beyond
Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in
writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S
SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET
FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY
APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE
MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance
from any cause beyond their control, including, but not limited to acts of God, changes to law or
regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of
national security, acts or omissions of third-party technology providers, riots, fires, earthquakes,
floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial
institution crisis, weather conditions or acts of hackers, internet service providers or any other
third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR
BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C)
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)
FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR
REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY
TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH
AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID
AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS
AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT
GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE
GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION
OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for
the acts and omissions of its own employees, officers, or agents, in connection with the
performance of their official duties under this Agreement. Each Party to this Agreement shall be
liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and
employees, from liability of any kind, including claims, costs (including defense) and expenses,
on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or
appliance manufactured or used in the performance of this Agreement; or (ii) any damage or
injury to property or person directly caused by Flock’s installation of Flock Hardware, except for
where such damage or injury was caused solely by the negligence of the Customer or its agents,
officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees
paid and/or payable for the services rendered under this Agreement in the preceding twelve (12)
months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive
property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this
Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise
expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install,
tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer
agrees and understands that in the event Customer is found to engage in any of the foregoing
restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject
to immediate termination for material breach by Customer. Customer shall not perform any acts
which would interfere with the retention of title of the Flock Hardware by Flock. Should
Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s
rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have
the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock
Hardware for optimal product functionality, as conditions and locations allow. Flock will
collaborate with Customer to design the strategic geographic mapping of the location(s) and
implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the
event that Flock determines that Flock Hardware will not achieve optimal functionality at a
designated location, Flock shall have final discretion to veto a specific location, and will provide
alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent
requested changes to the Deployment Plan, including, but not limited to, relocating, re-
positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles
will incur a fee according to the reinstall fee schedule located at
https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and
confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable
supplementary cost as described in the Customer Implementation Guide, attached hereto as
Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall
lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the
Flock Hardware at the designated locations and to make any necessary inspections or
maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional
manner within a commercially reasonable time from the Effective Date of this Agreement. Upon
removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary
wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the
length of the Term. Flock may use a subcontractor or third party to perform certain obligations
under this agreement, provided that Flock’s use of such subcontractor or third party shall not
release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal
laws, regulations, policies and ordinances and their associated record retention schedules,
including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party,
without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement,
without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any
purchaser of all or substantially all of such Party's assets or to any successor by way of merger,
consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee
schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and
cancels all previous or contemporaneous negotiations, discussions or agreements, whether written
and oral , communications and other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a writing signed by both Parties,
except as otherwise provided herein. None of Customer’s purchase orders, authorizations or
similar documents will alter the terms of this Agreement, and any such conflicting terms are
expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms
and does not alter the rights and obligations under this Agreement, except that future purchase
orders may outline additional products, services, quantities and billing terms to be mutually
accepted by Parties. In the event of any conflict of terms found in this Agreement or any other
terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s
purchase is neither contingent upon the delivery of any future functionality or features nor
dependent upon any oral or written comments made by Flock with respect to future functionality
or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of
this Agreement and Parties do not have any authority of any kind to bind each other in any respect
whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in
which the Customer is located. The Parties hereto agree that venue would be proper in the chosen
courts of the State of which the Customer is located. The Parties agree that the United Nations
Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal
and will become part of this Agreement, upon Customer’s prior written consent and the mutual
execution by authorized representatives (“Special Terms”). To the extent that any terms of this
Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and
disclose the nature of the Services in business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas,
enhancement requests, feedback, recommendations or other information relating to the subject
matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and
interest (including intellectual property rights) with respect to or resulting from any of the
foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or
re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of
any restrictions, laws or regulations of the United States Department of Commerce, the United
States Department of Treasury Office of Foreign Assets Control, or any other United States or
foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and
according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section
252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial
computer software documentation.” Flock is compliant with FAR Section 889 and does not
contract or do business with, use any equipment, system, or service that uses the enumerated
banned Chinese telecommunication companies, equipment or services as a substantial or essential
component of any system, or as critical technology as part of any Flock system. Consistent with
DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release,
performance, display, or disclosure of such commercial software or commercial software
documentation by the U.S. Government will be governed solely by the terms of this Agreement
and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding
meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this
Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement
of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event Customer or its agents become the subject of an indictment,
contempt, scandal, crime of moral turpitude or similar event that would negatively impact or
tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior
written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have
been duly given when received, if personally delivered; when receipt is electronically confirmed,
if transmitted by email; the day after it is sent, if sent for next day delivery by recognized
overnight delivery service; and upon receipt to the address listed on the Order Form (or, if
different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all
obligations of the Customer under this Agreement which require the expenditure of funds are
conditioned on the availability of funds appropriated for that purpose. Customer shall have the
right to terminate this Agreement for non appropriation with thirty (30) days written notice
without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: legal@flocksafety.com
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement
insurance against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the services under this Agreement and the results of that work
by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed
with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain
and, during the term of this Agreement, shall maintain policies of professional liability (errors and
omissions), automobile liability, and general liability insurance for insurable amounts of not less
than the limits listed herein. The insurance policies shall provide that the policies shall remain in
full force during the life of the Agreement. Flock shall procure and shall maintain during the life
of this Agreement Worker's Compensation insurance as required by applicable State law for all
Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance
coverage for the duration of this Agreement:
i) Commercial General Liability insurance written on an occurrence basis with minimum limits
of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the
aggregate for bodily injury, death, and property damage, including personal injury, contractual
liability, independent contractors, broad-form property damage, and product and completed
operations coverage;
ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits
of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in
the aggregate;
iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five
Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the
aggregate;
iv) Commercial Automobile Liability insurance with a minimum combined single limit of One
Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage,
including owned and non-owned and hired automobile coverage; and
v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five
Million Dollars ($5,000,000).
Law Enforcement
Customer Implementation Guide
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
1CustomerImplementationGuide: LAW ENFORCEMENT
Implementation Timeline
Flock Safety Team
Implementation Service briefs: Existing Infrastructure
vs Standard vs Advance
Existing Infrastructure Implementatio
Standard Implementatio
Advanced Implementation
Things to Consider When Selecting Locations
Customer Responsibilities: AC-Powered Cams
Electrician Handou
Electrician Installation Step
FAQs about AC-Powered Flock Cameras
Installation Service Brief Summary
Permitting: Pre-Install Questionnair
Timelin
Right of Wa
AC Power vs. Sola
Traffic Control & Installation Method
Paperwork & Required Form
Contacts
Fee Schedule
Help Center
Customer Support
2
3
6
12
14
15
18
19
21
22
22
Table of Contents
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
Review Locations Confirm camera locations with your sales representative
FLOCK: Your sales representative will present several viable options for camera locations
CUSTOMER: Review Deployment Plan & approve camera locations
If Public Works is required to move forward, please obtainapprovalPleaseNote:
finalize Locations Prepare for finalized camera locations
FLOCK: Confirm Deployment Plane and signed agreement. Flock will move forward with
next steps for locations that don't need permits (minimum 10 locations needed to move
forward with partial installation)
CUSTOMER: Prepare the below items, as neede
If permits are required, begin application proces
If camera will be AC-powered, hire an electrician/street department
Step 1 Conduct On-site Survey & Place Flags
FLOCK: Flock technician conducts site survey to (1) evaluate/reconfirm solar or power
access, (2) check line of sight to the road, and (3) evaluate/reconfirm cellular service in
the area. When the technician deems the locations suitable, s/he will place a white flag
at each spot
If the initially determined locations don't meet Flock standards, we will
evaluate a new location, obtain customer approval, and redo a site survey. This may
push timeline for installation
PLEASE NOTE:
Step 2 Call 811
FLOCK: Flock Safety will coordinate with Call 811 to mark each camera location for
underground utilities within a 10-foot radius
Call 811 is a government service, so turnaround times may vary and is
outside of Flock control
PLEASE NOTE:
Step 3 Schedule Installation
FLOCK: Flock will (1) ship any site specific material that the technician does not have
locally (2) schedule the installation date
Step 4 Install & Validate Cameras
FLOCK: After installation, your Onboarding Specialist will confirm that cameras are
capturing footage well and functioning properly. They will then give you full access to
the system along with helpful training resources
Ongoing – as Needed Finalize Any Installation Needs
FLOCK: While we typically complete installations within 4 weeks of finalizing locations,
delays may occur due to external factors. In these instances, we will continue to work
through this process until your cameras are fully installed and operational
2
This timeline provides general guidance and understanding of your installation
process. While we typically complete installations 6-8 weeks after locations have
been finalized, delays can occur as noted in the timeline below:
Implementation Timeline
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
How They Will SupportYouImplementationTeam
Field Operations
Team
The Field Operations team is responsible for the
physical installation and maintenance of
cameras and associated equipment provided by
Flock. This includes a large team of technicians,
schedulers, and many others involved in
ensuring the delivery of the product.
They take the technical plan you finalized with
Product Implementation and work closely with
other teams at Flock to make sure that the
cameras are installed quickly and safely and in
a way that maximizes the opportunity to solve
crime at a specific location
Note*: For
please always direct them to your
and not the
technician.
all Installation questions or
concerns
Customer Success Manager
Project Manager
Your is your
Your project manager will guide you through the
entire installation process, keeping you apprised
of all implementation updates as well as answering
any questions you have during this time. They will
ensure that all the cameras are on the ground and
operating for at least 48 hours before transitioning
you to your Customer Success Manager.
Project Manager primary contact
during camera installation.
3
Flock Safety Team
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
How They Will SupportYouRelationshipTeam
Flock Safety
Support
The Flock Safety Support team is committed to
answering all your day-to-day questions as quickly
as possible. , simply
email
Support can help you
Request camera maintenanc
Troubleshoot online platfor
Contract / Billing question
Update account informatio
Camera Sharing question
Quick “How to” questions in your Flock Account
To get in touch with support
support@flocksafety.com or call
866-901-1781 Mon-Fri 8am-8pm EST.
Customer Success
Manager
Your Customer Success Manager is your strategic
partner for your lifetime as a Flock customer.
While the cameras are getting installed, your CSM
will help get your account set up and get all key
users trained on the system.
Post-Camera-Installation, your CSM will be your
go-to for most account-related needs: You should
reach out to them to
Set up Account Trainin
Understand benefits of feature
Learning best practices for getting relevant
dat
Identifying opportunities to expand the security
network in your are
Provide feedback on your partnership with
Flock
4
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
Outside Party When they may be involved
If the Flock cameras need to be AC powered, you
customer) are responsible for providing an
electrician to ensure power connectivity
Electrician/Street
Department
To weigh in on the use of public Rights of Way or
propertyPublicWorks (LE)
If installation in your area requires permitting
Department of
Transportation
DOT), City, or
County agencies
5
PLEASE NOTE: On some occasions, third parties outside of Flock Safety
may be (or need to be) involved in your implementation.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
Included in scope:
Once designated locations are approved by the customer, as part of the
Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
location assessment, solar assessment, visibility review, etc.
Cameras need sufficient power. Since a solar panel is required per camera,
it can prevent adequate solar power if two cameras and two solar panels
are on a single pole (blocking visibility). Therefore
if relying on solar power, only one camera can be installed per pole
Confirm that a location is safe for work by following State utility locating
procedures.
Each installation may include the following
Installation of camera and solar panel or AC adapter box on a suitable
existing pole
Existing
Infrastructure Implementation Service
COST: $150 per camera (one time cost)
Existing Infrastructure Implementation
Existing
Infrastructure Install
Pole None Flock
NCHRP 350 /
MASH
Timeline Short Medium Longest
Cost Lowest Mid Highest
Standard
Install
Advanced
Install
Implementation Service Briefs: Existing
Infrastructure vs Standard vs Advanced
6
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
7
Out of scope:
By default, Flock does include the following as part of the
but can provide a quote for sourcing at
an additional cost
Mounting on mast arms (always require bucket truck and traffic control
Call 811 ‘Call-before-you-Dig’ syste
Installation of any poles including but not limited t
Standard, 12’ above grade
NCHRP 350 or MASH approved pole (as may be required for locations in
DOT right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or city-specific specialty contractor licenses or unique attachment/
connection requirement
Custom engineered drawings
Electrical work requires a licensed electrician.
not Existing
Infrastructure Implementation Service
Flock breakaway pol
Types of existing infrastructure such as existing utility, light, and traffic
signal poles
Pole no higher than 8’-12’ (approval at Flock Safety’s discretion
Flock will provide and mount an AC adapter unit that a qualified
electrician can connect to AC power following our
Flock is unable to make any AC connections or
boreholes in any material other than dirt, grass, loose gravel (or other
non-diggable material). Electrical work requiring a licensed electrician
and associated costs, not included in the scope
Access requiring up to a 14’ using an A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock
technicia
Obtain a business license to operate in the city and state of camera location
electrical wiring
requirements
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
8
Included in scope:
Once designated locations are approved by the customer, as part of the
Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
location assessment, solar assessment, visibility review, etc.)
Confirm that a location is safe for work by following state utility locating
procedures. Work with local utilities to prevent service interruptions
during the installatio
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat
Apply approved markings Coordinate with 811 regarding any necessary
high-risk dig clearances or required vendor meet
Each installation may include the following
Installation of camera and solar panel with
Standard Implementation Service
standard, 12’ above grade
Flock breakaway pole
COST: $650 per camera (one time cost)
Standard Implementation
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power but cannot make any AC connections or boreholes in
any material other than dirt, grass, loose gravel (or other non-diggable
material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.
Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Any fees or costs associated with filing for required city, county, or state
permit
Licensing or attachment agreements with asset / infrastructure owners
Utility contracts and billing
Customer requested relocations (see fee schedule)
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Out of scope:
By default, Flock does include the following as part of the Standard
Implementation Service but can provide a quote for sourcing at an additional cost
Use and/or mounting to existing infrastructure
NCHRP 350 or MASH approved pole (as may be required for locations in DOT
right of way
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or city-specific specialty contractor license
Custom engineered drawings
Electrical work requires a licensed electrician.
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power but cannot make any AC connections or boreholes in
any material other than dirt, grass, loose gravel (or other non-diggable
material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.)
not
Installation of camera and AC adapter that a qualified electrician can connect
to AC power on a suitable existing pole, no higher than 8-12’ (approval at
Flock Safety’s discretion
Flock will provide and mount an AC adapter that a qualified electrician can
connect to AC power following our . Flock
is unable to make any AC connections or boreholes in any material other
than dirt, grass, loose gravel (or other non-diggable material). Electrical
work requiring a licensed electrician and associated costs, not included in
the scope
Access requiring up to a 14’ A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock technicia
Obtain a business license to operate in the City and State of camera location
electrical wiring requirements
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Any fees or costs associated with filing for required city, county, or state
permit
Licensing or attachment agreements with asset / infrastructure owners
Utility contracts and billing
Customer requested relocations (see fee schedule)
Included in scope:
Once Designated Locations are confirmed, as part of the
Flock will perform the following
An in-person site survey to confirm the installation feasibility of a location
location assessment, solar assessment, visibility review, etc.)
Confirm that a location is safe for work by following State utility locating
procedures. Work with local utilities to prevent service interruptions during
the installatio
Engage 811 ‘Call-before-you-Dig’ system to receive legal dig dat
Apply approved markings Coordinate with 811 regarding any necessary
high-risk dig clearances or required vendor meet
Each installation may include the following
Installation of camera and solar panel on a suitable
approved pole
Installation of camera and AC adapter that a qualified electrician can
connect to AC power
Flock will provide and mount an AC adapter that a qualified electrician
can connect to AC power following our .
Flock cannot make any AC connections or boreholes in any material
other than dirt, grass, loose gravel (or other non-diggable material).
Advanced
Implementation Service
NCHRP 350 or MASH
electrical wiring requirements
COST: $1,900 per camera (one time cost)
Advanced Implementation
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
11
Out of scope:
By default, Flock does not include the following as part of the
but can optionally provide a quote for sourcing
additional cost)
Installation on or existing
infrastructure
A Bucket Truck for accessing horizontal/cross-beams and/or height above 14
Special equipment rentals for site acces
Site-specific engineered traffic plan
Third-party provided traffic contro
State or City-specific specialty contractor license
Custom engineered drawing
Electrical work requires a licensed electrician. Flock will provide and mount an
AC adapter that a qualified electrician can connect to AC power but cannot
make any AC connections or boreholes in any material other than dirt, grass,
loose gravel (or other non-diggable material)
Concrete cuttin
Private utility search for privately owned items not included in standard 811
procedures (communication, networking, sprinklers, etc.
Upgrades to power sources to ready them for Flock power (additional fuses,
switches, breakers, etc.
Fees or costs associated with filing for required City, County, or State permits
Advanced
Implementation Service
Standard, 12’ above grade Flock breakaway pole
Access requiring up to a 14’ A-frame ladde
Standard MUTCD traffic control procedures performed by a Flock
technicia
Obtain a business license to operate in the City and State of camera location
Electrical work requiring a licensed electrician and associated costs,
not included in the scope.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
12
Mountin
They can be mounted on existing utility, light, traffic signal poles, or 12 foot
Flock poles.
They should be mounted one per pole. If using AC power, they can be
mounted 2 per pole.
They can be powered with solar panels or direct wire-in AC Power (no
outlets).
They will require adequate cellular service using AT&T or T-Mobile to be able to
process & send images.
Placemen
They capture vehicles driving away from an intersection.
They cannot point into the middle of an intersection.
They should be placed after the intersection to prevent
stop and go motion activation or “stop and go” traffic.
Falcon Cameras
Use Case
Flock LPRs are designed to capture images
of rear license plates aimed in the direction
of traffic.
Flock LPRs are not designed to capture
pedestrians, sidewalks, dumpsters, gates,
other areas of non-vehicle traffic,
intersections.
Things to Consider When Selecting Locations
Permitting (or permission from pole owner) may be required to use existing infrastructure or install in specific areas,
depending on local regulations & policies.
Cameras need sufficient power. Since a solar panel is required per camera, it can prevent adequate solar power if two
cameras and two solar panels are on a single pole (blocking visibility). Therefore if relying on solar power, only one
camera can be installed per pole.
Flock does not provide Electrical services. Once installed, the agency or community must work with an electrician to
wire the cameras. Electrician services should be completed within two days of installation to prevent the camera from
dying.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
13
Pole
not
If a location requires a "DOT Pole” (i.e., Advanced
Pole, Flock standard pole), the implementation
cost will be $5,000/camera.
Solar Panels
Solar panels need unobstructed southern-facing
views.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Customer Responsibilities: AC-Powered Cams
If the Flock cameras need to be AC-powered, the for
acquiring an electrician and ensuring they connect the camera to power.
customer is responsible
See steps
2 and 6 below
6. Connect Camera to Power
Notify the electrician that the camera is ready for the power
connection installation
5. Install Camera
Flock will install the camera and AC power kit at the specified
camera location
4. Conduct Site Survey
Flock will mark camera locations, locate underground utilities and
mark if present
3. Sign Flock Safety Agreement
Sign the Flock Safety purchase order to begin the installation of
cameras
2. Acquire an Electric Quote
Contact an electrician to receive a quote to run 120volt AC power to
thecamera120v
1. Create a Deployment Plan
Work with us to select the best location(s) for Flock Safety cameras
and power sources
How to Get Started with a Powered Install
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Electrician Handout
Electrician Installation Steps
Run AC cable and conduit to the box
according to NEC Article 300 and any
applicable local codes. The gland
accepts ½” conduit
Open the box using hinges
Connect AC Mains per wiring diagram
below:
Connect AC Neutral wire to the Surge Protector white Neutral wire using the
open position on the lever nut
Connect AC Line wire to the Surge Protector black Line wire using the open
position on the lever nut
Connect AC Ground wire to the Surge Protector green ground wire using the
open position on the lever nut.
4. Verify that both the RED LED is lit on the front of the box
5. Close box and zip tie the box shut with the provided zip tie
6. While still on-site, call Flock, who will remotely verify that power is working
correctly:
Southeast Region - (678) 562-8766
West-Region -804) 607-9213
Central & NE Region -470) 868-4027
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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FAQs about AC-Powered Flock Cameras
What voltage is supported?
The AC kit is designed to work with 120VAC Infrastructure by default. A 240VAC
version is available on request.
How much power does this consume
Peak current draw is 1.5 A at 120VAC. The average power draw is roughly 30W in
high traffic conditions but maybe lower when fewer vehicles are present.
Who is responsible for contracting the electrician?
The customer is responsible for contracting an electrician. We can help answer
questions, but the customer is responsible for identifying and contracting an
electrician.
Who is responsible for maintenance?
Flock will handle all maintenance related to Flock’s camera and power equipment.
However, any problems with the electrical supply are the customer’s responsibility.
The AC junction box has two lights to indicate the presence of power and make it
easy for quick diagnosis if there is a problem related to the AC power source
If the camera indicates to Flock that there is a power supply problem, Flock
will notify the customer and request that the customer verifies the lights on
the AC junction box. If the AC Source light is illuminated, Flock will send a
technician to investigate. If the AC source light is not illuminated, the
customer should check any GFCI’s or breakers in the supply circuit or call the
electrician who installed the power supply.
How much does it cost?
Work required to bring AC power to each location will be different, so exact pricing
is unavailable. Primary cost drivers include arrow boards and the distance from the
camera location to the AC power source.
What information do I need to provide my electrician?
The Flock deployment plan and these work instructions should be sufficient to
secure a quote. It will be helpful if you know the location of the existing power
infrastructure before creating the deployment plan.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Can you plug it into my existing power outlet? The Flock AC power adapter does
not use a standard outlet plug but must be directly wired into the power mains.
While using outlet plugs may be convenient, they can easily be unplugged,
presenting a tampering risk to this critical safety infrastructure.
The electrician can route power directly to the camera with a direct wire-in
connection if an outlet is close to the camera.
How long does this process typically take?
The installation process typically takes 6-8 weeks. To accelerate the process, be
sure to have the electrician perform his work shortly after the Flock technician
finishes installing the camera.
What kind of electrician should I look for?
Any licensed electrician should perform this work, though we have found that those
who advertise working with landscape lighting are most suited for this work.
What happens if the electrician damages the equipment?
The customer is responsible for contracting the electrician. Any liability associated
with this work would be assumed by the customer. If any future work is required at
this site due to the electrical infrastructure or the work performed by the electrician
would be the responsibility of the customer.
When should the electrician perform his work?
Once Flock installs the camera, you will receive an email alert letting you know that
this has been completed. After this, you will need to schedule the electrician to
route power to the pole.
What if my electrician has questions about Flock’s AC Kit?
You should share the packet with the electrician if they have
questions.
What if the AC power is on a timer?
Sometimes the AC power will be on a timer (like used for exterior lighting). Flock
requires that the AC power provided to the camera be constant. The source that the
electrician uses must not be on a timing circuit.
AC-Power Kit Details
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Installation Service Brief Summary
Below outlines the statement of work for the Flock Camera Installation:
What is covered by Flock
Flock Cameras &
Online Platform
Mounting Poles
AC Power Kit as needed)
Solar Panels as needed)
Site Surveys and Call 811
Scheduling
Installation Labor Costs
Customer Support / Training
Cellular Data Coverage
Maintenance Fees
review for
more details)
Fees Sheet
Data storage for 30 days
Traffic Control and any
associated costs
DOT Approved Pole cost Electrician
ongoing electrical costs
Engineering Drawings
Relocation Fees
Contractor licensing fees
Permit application processing fees
Specialist mounting equipment
Bucket trucks
Loss, theft, damage to Flock
equipment
Camera downtime due to
power outage
Field Technician Maintenance
for Falcon™Flex
excluding changes during
initial installation
Including, but not limited
to, MASH poles or
adapters
Only applicable for
AC-powered cameras
What is NOT covered by Flock Special note
If a location requires a "DOT pole" (i.e., not our standard), the implementation cost will be $5,000/camera; This cost
is applicable for installations in GA, IL, SC, TN, and CA.
MASH poles: Manual for Assessing Safety Hardware (MASH) presents uniform guidelines for crash testing
permanent and temporary highway safety features and recommends evaluation criteria to assess test results
If a camera is lost, stolen, or damaged, a replacement device can be purchased at a discounted price of $800
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
19
Permitting: Pre-Install Questionnaire
Traffic Control & Installation Method
this typically necessitates an entire lane to be
blocked in the direction of travel.
If a bucket truck is required
Can you provide a patrol car escort, or will
full traffic control be required?*
4.
AC Power vs. Sola
If AC powered, is there a 120V power source available, and is there access to
an electrician who can connect the existing wire to the Flock Safety powered
If solar-powered, consider the size of the solar panel and potential to impact
the visibility of DOT signs/signals
Single Panel: 21.25" x 14" x 2" (Length x Width x Depth
Double Panel: 21.25" x 28" x 2" (LxWxD)
installation kit
3.
Right of Wa
Will any Flock Safety cameras be installed on the city, state, or power
company-owned poles or in the city, county, or state Right of Way (RoW)
What is the RoW buffer
Will additional permits or written permission be required from third-party
entities (such as DOT, power companies, public works, etc.)
Will any cameras be installed on city-owned traffic signal poles (vertical
mass)?
If yes, please provide heights/photos to determine if a bucket truck is
needed for the installation.
Note: A bucket truck is required if the height exceeds 15 feet tall.
2.
Timelin
In Flock Safety ’s experience, in-depth permitting requirements can
The SLA for permit document submission is within 15 days from contract
signature date (contract Closed-Won)
add 2+
months to the installation timeline.
1.
PLEASE NOTE: If traffic control is required, you may incur additional costs
due to city/state requirements; Fees will be determined by quotes received.
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
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Paperwork & Required Form
Flock Safety will need copies of paperwork to complete before proceeding
ex., business license applications, encroachment permit applications). We
can save critical time by gathering these documents upfront. We appreciate
your assistance in procuring these.
5.
Contact
If Flock Safety needs to interface directly with the departments, please share
the contact information of the following departments
Permittin
Public Work
Traffic Department
6.
Will standard plans suffice, or are custom plans needed? Custom plans
can double the cost, while standard plans can be pulled from the Manual
of Uniform Traffic Control Devices
Will a non-sealed copy of the traffic plan suffice? Or does the traffic plan
need to be sealed and/or submitted by a professional engineer
Are there state-specific special versions/variances that must be followed
the shoulder or sidewalk should suffice and
enable Flock Safety to proceed without traffic control systems in place.
Note: In some states (i.e., arrow boards), sidewalks may require signage. If
signage is mandatory, Will your Public Works department be able to
assist?
If full traffic control is required (cones, arrow boards, etc.)
MUTCD)
If a bucket truck is not required
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
21
After a deployment plan with Designated Locations and equipment has been agreed
upon by both Flock and the Customer, any subsequent changes to the deployment
plan (“Reinstalls”) driven by a Customer’s request will incur a fee per the table below.
What services incur fees
Requested relocations post-approval by customer
Relocations due to poor performance will be the responsibility of Floc
If a customer requests a location against the advisement of Flock,
performance issues and any requested relocations will be the responsibility of
the customer
Per the contract and absent a defect, in the event that Flock Hardware is lost,
stolen, or damaged, Customer may request that Flock replace the Flock
Hardware at a fee according to the then-current Reinstall policy
Misc billables for out of scope items for each implementation
https://www.flocksafety.com/reinstall-fee-schedule
Incurred Fees
Camera relocatio
Existing infrastructure (non-AC powered)........................................................
Flock pole (non-AC powered)..............................................................................
Advanced pole (non-AC powered)..................................................................
Replacement
Camera only as a result of vandalism, theft, or damage .............................
Pole replacement only as a result of vandalism, theft, or damag
Flock pole ..........................................................................................................
Advanced pole ...............................................................................................
Full replacement as a result of vandalism, theft, or damage
Flock pole, camera, and solar (non-AC Powered)..................................
Advanced pole, camera, and solar (non-AC Powered)..........................
350
750
5000
800
500
5000
1300
5800
Fee Schedule
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
22
Trip charge ......................................................................................................................
Examples
Angle adjustment (elective
Install additional Flock signage
35
All fees are per reinstall or required visit (in the case that a reinstall is attempted but
not completed) and include labor and materials. If you have any questions, please
email support@flocksafety.com.
Help Center
Our Help Center is filled with many resources to help you navigate through the
online platform. Below you will find some common questions and their relevant help
article:
National Lookup - network of law enforcement agencies that have opted to allow their
network of Flock cameras to be used for searches)
How do I search camera footage?
How do I add a user?
How do I add a vehicle to my own Hot List?
How do I enable browser notifications for Hot List alerts?
How do I get text alerts for Hot List?
How do I request camera access from other nearby agencies?
How do I use the National Lookup to search for a plate?
How do I reset my / another user’s password?
Customer Support
You can reach our customer support team anytime by emailing
They can help answer any “How-To” questions you
may have.
support@flocksafety.com
DocuSign Envelope ID: 74D09AB9-369B-4CFB-AC14-40CCCDFF1F7D
RESOLUTION NO. BPW 01-11-24-05
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu22;48bn-Efd31-3134
Matchbox Creative, Inc.
Community Relations Department - 2023
Appropriation #1203 10143-450.02, 43-450.03Funds; P.O. #110622
Contract NotToExceed $15,050.00
6. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Vendor shallpromptly furnish toCity, insuch formand detail as Citymay direct, alistof
allchemicals, materials, substances anditems used inorduring theprovision ofthe Goods and Services
provided hereunder, including thequantity, quality and concentration thereof andanyother information relating
thereto. Atthetime ofthe delivery oftheGoods andServices provided hereunder, Vendor agrees tofurnish to
Citysufficient written warning andnotice (including appropriate labels oncontainers and packing) ofany
hazardous material utilized inorthat isapartoftheGoods andServices.
7. LIENS:
Vendor shall notcause orpermit thefilingofanylien onany ofCity’sproperty. Intheevent anysuch lien is
filedand Vendor fails toremove such lien within ten (10) daysafter thefiling thereof, bypayment orbonding,
Cityshallhavethe right topaysuch lien orobtain suchbond, allatVendor’ssolecostandexpense.
8. DEFAULT:
Inthe event Vendor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Vendor’swarranties; (b) fails toprovide theGoods andServices asspecified herein; (c)
fails tomake progress so astoendanger timely and proper provision oftheGoods andServices anddoes not
correct such failure orbreach within five (5) business days (orsuch shorter period oftimeas iscommercially
reasonable under the circumstances) afterreceipt ofnotice from Cityspecifying such failure orbreach; or (d)
becomes insolvent, isplaced into receivership, makes ageneral assignment forthe benefit ofcreditors or
dissolves, each such event constituting an event ofdefault hereunder, City shallhave theright to (1) terminate
alloranyparts ofthisAgreement, without liability toVendor; and (2) exercise all other rights and remedies
available toCity atlawand/orinequity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain infullforce and effect during theterm ofthisAgreement, withaninsurer
licensed todo business intheState ofIndiana, such insurance asisnecessary for theprotection ofCity and
Vendor from allclaims fordamages under anyworkers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, butnotlimited to, personal injury, sickness,
disease or death ofortoany ofVendor’sagents, officers, employees, contractors andsubcontractors; and, for
any injury toordestruction ofproperty, including, butnotlimited to, any lossofuseresulting therefrom. The
coverage amounts shall benoless than those amounts setforth inattached Exhibit C. Vendor shall cause its
insurers toname Cityasanadditional insured onallsuch insurance policies, shall promptly provide City, upon
request, with copies ofallsuch policies, andshallprovide that such insurance policies shall notbecanceled
without thirty (30) dayspriornotice toCity. Vendor shallindemnify andhold harmless Cityfromand against
anyandall liabilities, claims, demands orexpenses (including, butnotlimited to, reasonable attorney fees) for
injury, death and/or damages toanyperson orproperty arising from orin connection withVendor’sprovision
ofGoods andServices pursuant toorunder this Agreement orVendor’suseofCity property.
Vendor further agrees toindemnify, defend and hold harmless City and itsofficers, officials, agents and
employees fromallclaims andsuits ofwhatever type, including, butnotlimited to, allcourtcosts, attorney fees,
and other expenses, caused byany act oromission ofVendor and/orof anyofVendor’sagents, officers,
employees, contractors orsubcontractors intheperformance ofthisAgreement. These indemnification
obligations shall survive thetermination ofthisAgreement.
S:\\Contracts\\Departments\\Community Relations\\2023\\Matchbook Creative, Inc. GoodsandServices.docx:12/18/20239:25AM\]
2
Matchbox Creative, Inc.
Community Relations Department - 2023
Appropriation #1203 10143-450.02, 43-450.03Funds; P.O. #110622
Contract NotToExceed $15,050.00
10. GOVERNMENT COMPLIANCE:
Vendor agrees tocomply with allfederal, state andlocallaws, executive orders, rules, regulations and codes
which maybeapplicable toVendor’sperformance ofitsobligations under this Agreement, andallrelevant
provisions thereof areincorporated herein by this reference. Vendor agrees to indemnify andholdharmless
Cityfrom any loss, damage and/orliability resulting fromany suchviolation ofsuch laws, orders, rules,
regulations andcodes. This indemnification obligation shall survive the termination ofthis Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that itand allofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment andanyother matter related totheir employment orsubcontracting, because ofrace, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status.
12. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verify thework eligibility
status ofitsnewly-hired employees using the E-Verify program, andtoexecute theAffidavit attached herein
asExhibit D, affirming that itisenrolled andparticipating intheE-Verify program anddoes not knowingly
employ unauthorized aliens. Insupport oftheAffidavit, Vendor shall provide theCity withdocumentation
indicating that ithas enrolled andisparticipating intheE-Verify program. Should Vendor subcontract
fortheperformance ofany work under andpursuant tothis Agreement, itshallfullycomply with theIndiana E-
Verify Lawasregards each suchsubcontractor. Should theVendor oranysubcontractor violate theIndiana
E-Verify law, the Citymay require acure ofsuch violation andthereafter, ifnotimely cure isperformed,
terminate thisAgreement inaccordance with either theprovisions hereof orthose setforth intheIndiana E-
Verify Law. The requirements ofthis paragraph shall notapplyshould the E-Verify program cease toexist.
13. NOIMPLIED WAIVER:
The failure ofeither party torequire performance bytheother ofany provision ofthisAgreement shallnotaffect
theright ofsuch party torequire such performance atanytimethereafter, norshallthe waiver byany partyof
abreach ofanyprovision ofthisAgreement constitute awaiver ofanysucceeding breach ofthesame orany
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shallnot assign orpledge this Agreement, whether ascollateral foraloanorotherwise, and shall not
delegate itsobligations under this Agreement without City’spriorwritten consent.
15. RELATIONSHIP OFPARTIES:
The relationship ofthe parties hereto shall beasprovided forinthisAgreement, andneither Vendor norany
ofitsofficers, employees, contractors, subcontractors andagents areemployees of City. The contract price
setforthherein shall bethefulland maximum compensation andmonies required ofCity tobepaid toVendor
under orpursuant tothisAgreement.
16. GOVERNING LAW; LAWSUITS:
This Agreement istobeconstrued inaccordance with and governed bythelaws oftheStateofIndiana, except
foritsconflict oflaws provisions. The parties agree that, intheevent alawsuit isfiled hereunder, theywaive
theirright toajurytrial, agree tofile anysuch lawsuit inanappropriate courtinHamilton County, Indiana only,
and agree that suchcourt istheappropriate venue forand hasjurisdiction oversame.
S:\\Contracts\\Departments\\Community Relations\\2023\\Matchbook Creative, Inc. GoodsandServices.docx:12/18/20239:25AM\]
3
Matchbox Creative, Inc.
Community Relations Department - 2023
Appropriation #1203 10143-450.02, 43-450.03Funds; P.O. #110622
Contract NotToExceed $15,050.00
17. SEVERABILITY:
Ifany term ofthisAgreement isinvalid orunenforceable under any statute, regulation, ordinance, executive
order orother ruleoflaw, such term shall bedeemed reformed ordeleted, but onlytotheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
18. NOTICE:
Anynotice provided forinthis Agreement willbe sufficient ifitisinwriting andisdelivered bypostage prepaid
U.S. certified mail, return receipt requested, totheparty tobe notified attheaddress specified herein:
IftoCity: CityofCarmel AND CityofCarmel
Community Relations Department Office ofCorporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
IftoVendor: Matchbox Creative, Inc.
1317 NPennsylvania Street
Indianapolis, Indiana 46202
Notwithstanding the above, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslong aswritten notice isthen provided assetforth hereinabove within five (5) business days from the
date ofsuch oralnotice.
19. TERMINATION:
19.1 Notwithstanding anything tothecontrary contained inthisAgreement, Citymay, upon notice toVendor,
immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or
ifsufficient funds arenotappropriated orencumbered topayforthe Goods andServices tobeprovided
hereunder. In theevent ofsuch termination, Vendor shall be entitled toreceive onlypayment forthe
undisputed invoice amount representing conforming Goods andServices delivered asofthedate of
termination, except that such payment amount shall notexceed the Estimate amount ineffect atthe
time oftermination, unless theparties have previously agreed inwriting toagreater amount.
19.2 Citymayterminate thisAgreement atanytime upon thirty (30) days prior notice toVendor. Inthe
event ofsuch termination, Vendor shall be entitled toreceive onlypayment for the undisputed invoice
amount ofconforming Goods andServices delivered asofthedate oftermination, except that such
payment amount shall notexceed theEstimate amount ineffect atthetime oftermination, unless the
parties havepreviously agreed inwriting toagreater amount.
19.3 TheCitymayterminate this Agreement pursuant toParagraph 11hereof, asappropriate.
20. REPRESENTATIONS AND WARRANTIES
Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons
executing this Agreement havethe authority tobind theparty which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that Citymay, from time totime, request Vendor toprovide additional goods
andservices toCity. When Citydesires additional goods and services from Vendor, theCity shall notify Vendor
ofsuch additional goods andservices desired, aswellasthetime frame inwhich same are tobeprovided.
Only afterCity has approved Vendor’stime and cost estimate forthe provision ofsuchadditional goods and
services, hasencumbered sufficient monies topay forsame, and hasauthorized Vendor, inwriting, toprovide
S:\\Contracts\\Departments\\Community Relations\\2023\\Matchbook Creative, Inc. GoodsandServices.docx:12/18/20239:25AM\]
4
Matchbox Creative, Inc.
Community Relations Department - 2023
Appropriation #1203 10143-450.02, 43-450.03Funds; P.O. #110622
Contract NotToExceed $15,050.00
suchadditional goods and services, shall such goods and services beprovided byVendor toCity. Acopy of
theCity’sauthorization documents forthe purchase ofadditional goods andservices shall benumbered and
attached hereto intheorder inwhich they areapproved byCity.
22. TERM
Unless otherwise terminated inaccordance withthetermination provisions set forth inParagraph 19
hereinabove, thisAgreement shallbeineffect from theEffective Datethrough December 31, 2023 and shall,
onthe firstdayofeach January thereafter, automatically renew foraperiod ofone (1) calendar year, unless
otherwise agreed bytheparties hereto.
23. HEADINGS
Allheading and sections ofthis Agreement areinserted forconvenience onlyand donotform apartofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations
set forth inAgreement.
25. NOTHIRD PARTY BENEFICIARIES
This Agreement gives norights orbenefits toanyone other than CityandVendor.
26. DEBARMENT AND SUSPENSION
26.1 The Vendor certifies byentering intothis Agreement thatneither itnoritsprincipals norany ofits
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical
subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer,
director, owner, partner, key employee orother person with primary management or supervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Vendor.
26.2 TheVendor certifies thatithas verified thestate andfederal suspension anddebarment status forall
subcontractors receiving funds under this Agreement and shall besolely responsible forany recoupment,
penalties orcosts thatmight arisefrom useofasuspended ordebarred subcontractor. The Vendor shall
immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s
request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for
worktobeperformed under this Agreement.
27. IRAN CERTIFICATION
Pursuant toI.C. § 5-22-16.5, the Vendor shallcertify that, insigning thisAgreement, itdoes not engage in
investment activities within the Country ofIran.
28. ADVICE OFCOUNSEL:
Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain
legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame
freely, voluntarily, andwithout anyduress, undue influence orcoercion.
S:\\Contracts\\Departments\\Community Relations\\2023\\Matchbook Creative, Inc. GoodsandServices.docx:12/18/20239:25AM\]
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
City of Carmel Project 20-ENG-02
Intersection Improvements: 106th Street
and College Avenue Roundabout
CCHANGE ORDER #5
This change order will add a pay item for the excavation at the existing water service for Carmel Auto
Group business at 740 East 106th Street. The work consisted of excavation a section of multi-use path
and locating the existing water service line. The damage was found to be caused by a connection on the
property owner’s side of the new water meter pit. The excavation was backfilled with INDOT #8 stone
and will be repaired by the property owner. There is no time extension for this work.
This change order will also balance all of the existing pay items to date.
Contract Price prior to this Change Order $3,814,458.31
Contract Price will be changed by this Change Order ($332,913.84)
New Contract Price including this Change Order $3,481,544.47
Amount Adjusted Contract
Price
Cumulative % Change
from Original Contract
Original Contract $3,660,000.00 N/A N/A
CO1 $99,360.21 $3,759.360.21 2.71%
CO2 $21,026.40 $3,780,396.61 3.29%
CO3 $23,849.16 $3,804,245.77 3.94%
CO4 $10,222.54 $3,814,458.31 4.22%
CO5 ($332,913.84) $3,481,544.47 (4.88%)
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3D Company, Inc.
7240 N SR 3
Muncie IN 47303
765-288-3326 2563-T&M 1
Project:Billed To:
Non-Taxable Amount:
Taxable Amount:
Sales Tax:
Amount Due
Due Date: Terms:
106TH ST & COLLEGE AVE RAB
106TH ST & COLLEGE AVE
CARMEL IN
CITY OF CARMEL
1 CIVIC SQUARE
CARMEL IN 46032
01/03/2024
$6,564.03
$0.00
$0.00
$6,564.03
30DY
12/04/2023
Invoice#:
Date:
Description Unit Qty Price Amount
COST TO EXCAVATE, UNCOVER LEAK & BACKFILL FOR PROTECTION LS 1.0000 $6,564.03 $6,564.03
(SEE ATTACHED BACKUP)
Invoice
Thank you for your prompt payment.
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CzTfshfzHsfdivlijobu9;62bn-Efd29-3134
RESOLUTION NO. BPW 01-11-24-07
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
ExhibitA Page 1of2
REAL ESTATE SERVICES FEE SCHEDULE
RightofWayManagementServices
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 onparcels 520perproject
Valuation Services
EarlyAssessmentReal EstateCostEstimateIncludes: allprocesses, proceduresand observationstocompleteaRealEstateCostEstimate assignment (includingbut notlimitedto completionof
theINDOTRealEstate CostEstimateSpreadsheet) inaccordancewithfederalandstatelaw (includingbut notlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionof
theINDOTRealEstateDivisionManual, andascontractedwithorotherwisedirectedbyINDOT.
CompDocketsInclude: providing comparablesales data (including butnotlimitedtomarketdata research andrawsalesdata) orasotherwise 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 orotherwisedirectedbyINDOT.Appraisal
feesaredefinedand paidbasedonINDOTparcelandnotcountytaxidentification parcel.
Non-Report Services PerParcel Fee
Early Assessment: Projects 50parcels $145
Early Assessment: Projects > 50parcels negotiatedbaseduponcomplexity
CompDocket: Agricultural / ResidentialProperties: $270
CompDocket: 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 atotaltake)
3,625LongForm: AnyPropertyType (Unimproved)
4,815LongForm: Residential / Ag (Improved)
12,050LongForm: Commercial / Industrial / Multi-Family / Special (Improved)
695ExcessLandAppraisal
ThespecificReportTypeaboveisdeterminedbyINDOTReviewAppraisersortheirsupervisorsaftertheAppraisalProblemAnalysishasbeencompleted.
ReviewValuationServices
AppraisalProblemAnalysisIncludes: allprocesses, proceduresandobservationstocompleteanAppraisalProblemAnalysisinaccordance withfederalandstatelaw (includingbutnotlimitedto
FederalHighway Administrationrulesandregulations), thecurrentversionof theINDOTRealEstateDivision Manual, andas contractedwith orotherwisedirectedbyINDOT.
ReviewofWaiverValuationand/orAppraisalReportsInclude: allprocesses, proceduresandobservationstocompleteareviewofanappraisalreportorwaivervaluation reportinaccordancewith
federaland statelaw (includingbutnotlimited toFederalHighway Administrationrulesand regulations) thecurrent versionoftheINDOTRealEstateDivision Manual, andascontractedwith or
otherwisedirectedbyINDOT. Appraisalfeesaredefinedandpaid basedonINDOTparceland notcountytaxidentification parcel.
PerParcelFeeReportType
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 atotaltake)
1,725LongForm: AnyPropertyType (Unimproved)
2,280LongForm: Residential / Ag (Improved)
LongForm: Commercial / Industrial / Multi-Family / Special (Improved) 5,550
BuyingServices
BuyingServicesInclude: allprocesses, proceduresandobservationstocompletethetotal orpartial acquisition ofrealestate, theobtainingof temporaryoraccess rights, orbuyingreviewin
accordancewithfederalandstatelaw (including butnotlimitedtoFederalHighway Administration rulesandregulations), thecurrentversionoftheINDOT RealEstateDivision Manual,andas
contractedwithor otherwisedirectedby INDOT.
Report Type PerParcel Fee
2,160Total/Partial Acquisition
Temporary/Access Rights 1,800
MAP21Offer - Total/PartialAcquisition 2,705
MAP21Offer - Temporary/AccessRights 2,345
BuyingReview 360
RelocationServices
RelocationServicesInclude: allprocesses, proceduresandobservationstocompletetheactivitiesforrelocationof residentialor businessownersor tenants, orrelocationofpersonalproperty, or
reviewof anysuchrelocation activitiesinaccordancewithfederaland statelaw (including butnotlimited toFederalHighway Administration rulesand regulations), thecurrentversionof theINDOT
RealEstateDivisionManual, andascontractedwith orotherwise directedbyINDOT.
ReportTypePayment Schedule PerRelocation Fee
Payments: 1/3Relo/Appraisal meetingiscomplete, 1/390DayNotice isissued, 1/3parcelis closed $4,330ResidentialOwner / Tenant
Payments: 1/3Relo/Appraisal meetingis complete, 1/390DayNotice isissued, 1/3parcelisclosedBusinessOwner / Tenant 4,330
PersonalProperty Only Payments: 1/3Relo/Appraisalmeetingis complete, 1/390DayNoticeisissued, 1/3parcelis closed 1,815
ResidentialandBusiness 100% oncetheparceliscompliantandclosed. 1,205Review
PersonalPropertyMove 460100% oncetheparceliscompliantandclosed. OnlyReview
PropertyManagementServices
PropertyManagementServicesInclude: allprocesses, procedures, observations, dataentryintoLRS, andmanagementofallservicesneededtocompletetheparcel’sreadinessfordemolition.
Thisshallbecompletedinaccordancewith federalandstatelaw (including butnotlimitedtoFederalHighwayAdministrationrules andregulations), thecurrentversionoftheINDOT RealEstate
DivisionManual, andascontractedwithor otherwisedirectedbyINDOT. Thecurrentversion oftheINDOTRealEstateManualislocated athttp://www.in.gov/indot/2493.htm. Allserviceslisted below
shallberequired withinPropertyManagementServices scopeofwork.
Non-Report Services PerParcel Fee
1,035PropertyManagementperparcelservicesfee
105PlacingRatBaitonstructure
PlacingAppropriate Signson structure $210
BoardingUpOpeningson structure AmountonWritten EstimateApprovedbyINDOT
DebrisRemoval AmountonWrittenEstimateApprovedbyINDOT
Report Type
AsbestosSamplingand Analysis AmountonWritten Estimate Approved byINDOT
Utility Disconnection Coordination & Verification AmountonWritten EstimateApproved byINDOT
Page 2of2
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) contractsenteredintounder “SmallPurchase Procedures” pursuant toSection3.3.1ofINDOT’sProfessional Services
Contract AdministrationManual willbeinaccordance withthepaymenttermsinthecontractsandbetheFeeSchedule inplaceonthe
datethecontractwasapproved bytheAttorney General ofIndiana. Anydeviation inestablished feesfromtheabove rulesinthis
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
Sergey,
The fees for Parcel 1 total $6,280. See below;
APA $270
APR $3,015
APR Rvw $1,445
LRS $240
RWMgt $1,310
Total $6,280
If acceptable, we can start immediately.
Thank you.
KENNY STEPHENSON
Appraiser/Buyer
Real Estate Services
o: 317-806-2418
B-L-N.COM
BEAM, LONGEST and NEFF
Egis GROUP
A Tradition of Excellence Since 1945
1
CzTfshfzHsfdivlijobu:;41bn-Efd33-3134
portion
CzTfshfzHsfdivlijobu4;19qn-Efd31-3134
RESOLUTION NO. BPW 01-11-24-08
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu22;18bn-Efd33-3134
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
SECTION 3 CITY'SRESPONSIBILITIES
3.1 City shallprovide such information asisreasonably necessary forProfessional tounderstand theServices
requested.
3.2 City shallprovide alldata required forprovision ofServices. Professional mayassume that alldata soprovided
iscorrect and complete.
3.3. Cityshall arrange forProfessional toenter upon public andprivate property asreasonably required for
Professional toperform theServices.
3.4 Cityshall designate payment ofthe Services from City budget appropriation number 1160 101 43-419.99fund.
3.5 Cityshall designate theMayor orhisdulyauthorized representative toacton City’sbehalf on allmatters
regarding theServices.
SECTION 4 PROFESSIONAL'SRESPONSIBILITIES
4.1 Professional shallperform the Services pursuant totheterms ofthisAgreement andwithin any applicable time
and cost estimate.
4.2 Professional shall coordinate with Cityitsperformance oftheServices.
4.3 Professional shall provide theServices by following andapplying atalltimes reasonable andlawful standards
asaccepted intheindustry.
SECTION 5 COMPENSATION
5.1 Professional estimates thatthetotal price for theServices tobeprovided toCityhereunder shallbenomore
than SixtyOne Thousand FiveHundred Eighty Three Dollars ($61,583.00) (the “Estimate”). Professional shall
submit aninvoice toCity no more than once every thirty (30) days forServices provided City during the time
period encompassed bysuchinvoice. Invoices shall besubmitted onaform containing the same information
asthat contained ontheProfessional Services Invoice attached hereto asExhibit B, incorporated herein by
thisreference. City shall payProfessional forallundisputed Services rendered and stated onsuch invoice
within thirty five (35) days from thedateofCity’sreceipt ofsame.
5.2 Professional agrees nottoprovide anyServices toCitythatwould cause thetotalcost ofsametoexceed the
Estimate, without City’spriorwritten consent.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
2
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
SECTION 6 TERM
Unless otherwise terminated inaccordance withthetermination provisions setforth inSection 7.1hereinbelow,
thisAgreement shall beineffect fromtheEffective Date through December 31, 2023, andshall, onthefirst
day ofeach January thereafter, automatically renew foraperiod ofone (1) calendar year, unless otherwise
agreed bythe parties hereto.
SECTION 7 MISCELLANEOUS
7.1 Termination
7.1.1 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated
byCity orProfessional, without cause, upon thirty (30) days’ notice.
7.1.2 Theobligation toprovide alloranyportion oftheServices under thisAgreement maybeterminated
byCity, forcause, immediately upon Professional’sreceipt ofCity’s “Notice toCease Services.”
7.1.3 Intheevent offull orpartial Agreement termination, andasfulland complete compensation
hereunder, Professional shallbepaid forallsuch Services rendered andexpenses incurred asofthe
date oftermination thatare notindispute, except thatsuch payment amount shall notexceed the
Estimate. Disputed compensation amounts shall beresolved asallowed bylaw.
7.2 Binding Effect
CityandProfessional, andtheir respective officers, officials, agents, partners and successors ininterest are
bound totheother astoallAgreement terms, conditions andobligations.
7.3 NoThird Party Beneficiaries
Nothing contained herein shall beconstrued togiverights orbenefits toanyone other than theparties hereto.
7.4 Relationship
Therelationship ofthe parties hereto shall be asprovided for inthis Agreement, and neither Professional nor
anyofitsagents, employees orcontractors areCity employees. Professional shall have thesole responsibility
topay toorforitsagents, employees and contractors allstatutory, contractual andother benefits and/or
obligations asthey become due. Professional hereby warrants andindemnifies Cityforand fromany andall
costs, fees, expenses and/ordamages incurred by City asaresult ofany claim forwages, benefits orotherwise
byany agent, employee orcontractor ofProfessional regarding orrelated tothesubject matter ofthis
Agreement. This indemnification obligation shall survive thetermination ofthisAgreement.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
3
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
7.5 Insurance
7.5.1 Professional shall, as acondition precedent tothisAgreement, purchase and thereafter maintain such
insurance aswill protect itand Cityfromthe claims set forth below which mayarise out oforresultfrom
Professional'soperations under thisAgreement, whether such operations bebyProfessional orbyits
subcontractors orbyanyone directly orindirectly employed byanyofthem, orbyanyone directly forwhose
acts anyofthem may be liable:
1) Claims under Worker'sCompensation and Occupational Disease Acts, andanyother
employee benefits actsapplicable tothe performance ofthe work;
2) Claims for damages because ofbodily injury and personal injury, including death, and;
3) Claims fordamages toproperty.
Professional'sinsurance shall benotlessthantheamounts shown below:
A. Commercial General Liability (Occurrence Basis)
Bodily Injury, personal injury, property damage,
Contractual liability, product/completed operations
Each Occurrence Limit $1,000,000.00
Damage toRented Premises $100,000.00
each occurrence)
Medical Expense Limit $5,000.00
Personal andAdvertising Injury Limit $500,000.00
General Aggregate Limit $2,000,000.00 (Other than
Products Completed
Operations)
NOTE: GENERAL AGGREGATE TO APPLY PER PROJECT
Products/Completed Operations $1,000,000.00
B. Auto Liability $1,000,000.00 (combined
single limit) (owned, hired & non-owned)
Bodily injury & property damage $1,000,000.00
each accident
C. Excess/Umbrella Liability $2,000,000 (each occurrence
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
4
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
andaggregate)
D. Worker'sCompensation & Disability Statutory
E. Employer’sLiability:
Bodily Injury byAccident/Disease: $100,000eachemployee
Bodily Injury byAccident/Disease: $250,000eachaccident
Bodily Injury byAccident/Disease: $500,000 policylimit
F. Professional Liability Insurance. TheProfessional shall carryand maintain during the
continuance ofthis Agreement, professional liability insurance inthe amount of
2,000,000 for single limit claims and $2,000,000intheaggregate. The Professional's
policy ofinsurance shall contain prior acts coverage sufficient tocover allServices
performed bythe Professional forthisProject. Upon City'srequest, Professional shall
giveprompt written notice toCityofanyand allclaims made against thispolicy during
the period inwhich this policy isrequired tobemaintained pursuant tothisAgreement.
Iftheinsurance iswritten onaclaims-made basis and coverage iscancelled atany
time, theProfessional willobtain, atitscost, anextended reporting endorsement
which provides continuing coverage forclaims based upon alleged actsoromissions
during the term ofthe Agreement untilallapplicable statute oflimitation periods have
expired.
7.5.2 Professional shall provide theCity with acertificate ofinsurance, naming theCity asan
additional insured," showing such coverage then inforce (but notless than theamount shown above)
shallbefiled with City prior tocommencement ofanywork. These certificates shallcontain aprovision
that the policies andthecoverage afforded willnotbecanceled until atleast thirty (30) daysafter
written notice hasbeen given toCity.
7.5.3 Professional may, withtheprior approval ofthe City, substitute different types ofcoverage for
those specified if thetotal amount ofrequired protection isnot reduced. Professional shall be
responsible foralldeductibles.
7.5.4Nothing intheabove provisions shall operate as orbeconstrued as limiting theamount ofliability
ofProfessional tothe above enumerated amounts.
7.6 Liens
Professional shall notcause orpermit the filing ofanylienonanyofCity’sproperty. Inthe event such alien is
filed andProfessional fails to remove itwithin ten (10) days afterthe date offiling, Cityshallhave therightto
payorbondoversuch lienatProfessional’ssole costandexpense.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
5
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
7.7 Default
Inthe event Professional: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Professional’swarranties; (b) fails toperform theServices asspecified; (c) failstomake
progress soastoendanger timely and proper completion oftheServices and does not correct such failure or
breach within five (5) business days after receipt ofnotice from Cityspecifying same; or (d) becomes insolvent,
files, orhas filed against it, apetition forreceivership, makes ageneral assignment forthebenefit of creditors
ordissolves, each such event constituting anevent ofdefault hereunder, City shall have theright toterminate
alloranypartofthis Agreement, without liability toProfessional andtoexercise anyother rights orremedies
available toitatlaworinequity.
7.8 Government Compliance
Professional agrees tocomply with alllaws, executive orders, rules andregulations applicable toProfessional’s
performance ofitsobligations under thisAgreement, allrelevant provisions ofwhich being hereby incorporated
herein bythisreference, tokeep allofProfessionals’ required professional licenses and certifications valid and
current, andtoindemnify and hold harmless Cityfrom any andalllosses, damages, costs, liabilities, damages,
costs andattorney fees resulting from anyfailure byProfessional todo so. This indemnification obligation shall
survive thetermination ofthis Agreement.
7.9 Indemnification
Professional shallindemnify and holdharmless Cityand itsofficers, officials, employees andagents fromall
losses, liabilities, claims, judgments andliens, including, but notlimited to, alldamages, costs, expenses and
attorney fees arising outofanyintentional ornegligent act oromission ofProfessional and/or anyofits
employees, agents orcontractors inthe performance ofthisAgreement. This indemnification obligation shall
survive thetermination ofthis Agreement.
7.10 Discrimination Prohibition
Professional represents and warrants that itand each ofitsemployees, agents andcontractors shall comply
withallexisting and future laws prohibiting discrimination against anyemployee, applicant foremployment
and/orother person inthesubcontracting ofworkand/orintheperformance ofany Services contemplated by
thisAgreement with respect tohire, tenure, terms, conditions orprivileges ofemployment orany matter directly
orindirectly related toemployment, subcontracting orwork performance hereunder because ofrace, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status orVietnam eraveteran status. This
indemnification obligation shall survive thetermination ofthis Agreement.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
6
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
7.11 E-Verify
Pursuant toI.C. § 22-5-1.7etseq., Professional shall enroll inandverify thework eligibility status ofallof its
newly-hired employees using the E-Verify program, ifithasnotalready done soasofthedate ofthis
Agreement. Professional isfurther required toexecute the attached Affidavit, herein referred toasExhibit C,
which isanAffidavit affirming that: (i) Professional isenrolled and isparticipating inthe E-Verify program, and
ii) Professional does notknowingly employ any unauthorized aliens. This Addendum incorporates by
reference, andinitsentirety, attached Exhibit C. Insupport oftheAffidavit, Professional shall provide theCity
withdocumentation thatithas enrolled andisparticipating inthe E-Verify program. ThisAgreement shall not
take effect untilsaidAffidavit issigned byProfessional and delivered tothe City’sauthorized representative.
Should Professional subcontract forthe performance ofany work under this Addendum, the
Professional shall require anysubcontractor(s) tocertify byaffidavit that: (i) the subcontractor does not
knowingly employ orcontract with anyunauthorized aliens, and (ii) the subcontractor hasenrolled and is
participating inthe E-Verify program. Professional shall maintain acopy ofsuch certification fortheduration of
theterm ofany subcontract. Professional shallalsodeliver acopy ofthe certification tothe City within seven
7) daysoftheeffective date ofthe subcontract.
If Professional, orany subcontractor ofProfessional, knowingly employs orcontracts with any
unauthorized aliens, orretains anemployee orcontract with aperson thatthe Professional orsubcontractor
subsequently learns isanunauthorized alien, Professional shall terminate theemployment oforcontract with
theunauthorized alien within thirty (30) days (“Cure Period”). Should the Professional oranysubcontractor of
Professional failtocurewithin theCure Period, the City hasthe right toterminate thisAgreement without
consequence.
TheE-Verify requirements ofthisAgreement will notapply, should theE-Verify program ceasetoexist.
7.12 Severability
Ifany provision ofthis Agreement isheldtobeinvalid, illegal orunenforceable byacourt ofcompetent
jurisdiction, thatprovision shallbestricken, andallother provisions ofthisAgreement thatcanoperate
independently ofsame shall continue infullforce and effect.
7.13 Notice
Anynotice, invoice, order orother correspondence required orallowed tobesent pursuant tothis Agreement
shall bewritten and either hand-delivered orsentbyprepaid U.S. certified mail, return receipt requested,
addressed tothe parties asfollows:
CITY:
CityofCarmel CityofCarmel
Mayor’sOffice Office ofCorporation Counsel
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
7
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
PROFESSIONAL:
Thomas P. Miller & Associates, LLC
1630NMeridian Street, Suite300
Indianapolis, Indiana 46202
Notwithstanding the above, City may orally provide toProfessional any notice required orpermitted bythis
Agreement, provided that such notice shall also then besent asrequired by thisparagraph within ten (10)
business daysfrom thedate ofsuch oralnotice.
7.14 Effective Date
Theeffective date (“Effective Date”) ofthisAgreement shallbethedate onwhich the lastoftheparties hereto
executes same.
7.15 Governing Law; Lawsuits
This Agreement shallbe governed byandconstrued inaccordance with the laws oftheState ofIndiana, except
foritsconflict oflaws provisions, aswell asbyallordinances and codes ofthe City ofCarmel, Indiana. The
parties agree that, intheevent alawsuit isfiledhereunder, theywaive anyright toajury trialthey may have,
agree tofile such lawsuit inan appropriate court inHamilton County, Indiana only, and agree that such court
istheappropriate venue forandhas jurisdiction over same.
7.16 Waiver
Anydelay orinaction onthepart ofeither party inexercising orpursuing itsrights and/orremedies hereunder
orunder law shall notoperate towaive any such rights and/orremedies nor inanyway affect therights ofsuch
partytorequire suchperformance atany time thereafter.
7.17 Non-Assignment
Professional shall notassign orpledge thisAgreement nor delegate itsobligations hereunder without City’s
priorwritten consent.
7.18 Entire Agreement
ThisAgreement contains theentire agreement of andbetween theparties hereto with respect tothe subject
matter hereof, and noprioragreement, understanding orrepresentation pertaining tosuch subject matter,
written ororal, shall beeffective forany purpose. No provision ofthisAgreement may beamended, added to
orsubtracted fromexcept byanagreement inwriting signed by both parties hereto and/ortheir respective
successors ininterest. Totheextent anyprovision contained inthis Agreement conflicts with any provision
contained inanyexhibit attached hereto, theprovision contained inthisAgreement shallprevail.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
8
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
7.19 Representation and Warranties
Each party hereto represents andwarrants thatitisauthorized toenter intothis Agreement andthat any person
orentity executing thisAgreement onbehalf ofsuch party has the authority tobind suchparty ortheparty
which theyrepresent, asthecase maybe.
7.20 Headings
Allheadings andsections ofthisAgreement areinserted forconvenience onlyand donotform apartofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
7.21 Advice ofCounsel
The parties warrant that they haveread thisAgreement and fullyunderstand it, have hadanopportunity to
obtain theadvice andassistance ofcounsel throughout the negotiation ofsame, andenter intosame freely,
voluntarily, and without any duress, undue influence orcoercion.
7.22 Copyright
City acknowledges that various materials which may beused and/orgenerated byProfessional inperformance
ofServices, including forms, jobdescription formats, comprehensive position questionnaire, compensation and
classification planandreports are copyrighted. Cityagrees that allownership rights and copyrights thereto lie
with Professional, andCity willuse them solely forand on behalf ofits own operations. City agrees thatitwill
take appropriate action withitsemployees tosatisfy itsobligations withrespect touse, copying, protection and
security ofProfessional’sproperty.
7.23 Personnel
Professional represents thatithas, orwill secure atitsownexpense, allpersonnel required inperforming the
services under thisagreement. Such personnel shall not beemployees of orhave anycontractual relationship
withCity. Alloftheservices required hereunder willbeperformed byProfessional orunder hissupervision and
allpersonnel engaged intheworkshall befullyqualified toperform such services.
7.24 Records and Inspections
Professional shall maintain full and accurate records with respect toallmatters covered under thisagreement
forthree (3) years after the expiration orearly termination ofthisAgreement. City shall have freeaccess atall
proper times tosuch records andthe righttoexamine and audit the same and tomake transcripts there from,
and toinspect allprogram data, documents, proceedings andactivities.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
9
Thomas P. Miller & Associates, LLC
Mayor’sOffice - 2023
Appropriation #1160 10143-419.99Fund; P.O.#110694
Contract NotToExceed $61,583.00
7.25 Accomplishment ofProject
Professional shall commence, carry on, and complete the project with allpracticable dispatch, inasound
economical and efficient manner, inaccordance with theprovisions thereof andallapplicable laws. In
accomplishing theproject, Professional shall take such steps asareappropriate toensure that thework
involved isproperly coordinated withrelated work being carried onwithin City’sorganization.
7.26 Debarment And Suspension
7.26.1 TheProfessional certifies byentering intothisAgreement thatneither itnor itsprincipals noranyofits
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical
subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer,
director, owner, partner, key employee orother person with primary management orsupervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Professional.
7.26.2 The Professional certifies thatithasverified thestate and federal suspension anddebarment status
for allsubcontractors receiving funds under thisAgreement and shall besolely responsible forany recoupment,
penalties orcosts that might arise from useofasuspended ordebarred subcontractor. The Professional shall
immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s
request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for
worktobeperformed under this Agreement.
7.27 Access toPublic Records Act
Professional understands andagrees thatany “publicrecord”, as that term isdefined inIndiana Code 5-14-3-
2(m), as amended, that isrelated tothesubject matter ofthisAgreement, whether thesame isinthe
possession or control oftheProfessional ortheCity, shall be subject torelease under and pursuant tothe
provisions ofIndiana’sAccess toPublic Records Act, ascodified inIndiana Code 5-14-3-1, et seq., as
amended.
7.28 IranCertification
Pursuant toI.C. § 5-22-16.5, theProfessional shall certify that, insigning this Agreement, itdoes notengage
ininvestment activities within theCountry ofIran.
S:\\Contracts\\Departments\\Mayor'sOffice\\2023\\Thomas P. Miller & Associates, LLCProfessional Services.docx:12/21/20239:53AM\]
10
Exhibit A
Proposal for
Community
Engagement Survey
December 12, 2023
Submitted to
City of Carmel, Indiana
Sue Finkam, Mayor-Elect
Submitted by
TPMA
Jonathan Faris, Senior Director
jfaris@tpma-inc.com
317-507-0189
TPMA
Bold Solutions.
Empowered Communities.
www.tpma-inc.com
info@tpma-inc.com
Timeline:
theTPMAway
TPMA
Bold Solutions.
Empowered Communities.
www.tpma-inc.com
info@tpma-inc.com
Demographic data will be collected including socio-economic
indicators, ethnicity, veteran/disability status, levels of English and ESL
literacy, digital literacy, and other factors as determined with City
leadership.
Topic areas for the survey may include but are not limited to:
Quality of City Services,
Arts & Culture,
Housing,
Support for Small Businesses,
Education & Workforce Development, and
Transportation & Mobility.
TPMA has been facilitating surveys and conducting qualitative analysis
to help communities make thoughtful, informed decisions for more
than 30 years. At TPMA, we pride ourselves on being informers and
connectors for the communities and partners we serve. TPMA has
worked on statewide and regional projects that serve a wide range of
individuals, including small business owners, non-profit organizations,
underrepresented populations, local school districts, public lands, and
big industry. We work to build trust with stakeholders, try to select
accessible locations for convening, and present information that is easy
to understand.
TPMA is prepared to design a robust distribution and outreach plan
that builds awareness and drives participation in the city-wide survey.
TPMA will work with community liaisons to help find relevant
stakeholders to determine the best ways to disseminate surveys to
ensure adequate response rates to collect as many responses as
possible.
TPMA will seek guidance from the City of Carmel to recruit
organizations and individuals who have credibility with, and access to,
diverse populations throughout the state. This plan will incorporate
strategies for print collateral and in-person promotion, in addition to
digital, social media, and other web-based communication. We will
design a survey and provide time for review and feedback prior to
distribution.
Timeline: January 2024
theTPMAway
TPMA
Bold Solutions.
Empowered Communities.
www.tpma-inc.com
info@tpma-inc.com
Timeline:
Timeline:
theTPMAway
TPMA
Bold Solutions.
Empowered Communities.
www.tpma-inc.com
info@tpma-inc.com
61,583.00
theTPMAway
Project Name:
Invoice No.
Purchase Order No:
Signature
Printed Name
Date:
Ciity of Cairmel
ONE CIVIC SQUARE
CARMEL, INDIANA 46032-2584
INDIANA RETAIL TAX EXEMPT
CERTIFICATE NO. 003120155 002 0
FEDERAL EXCISE TAX EXEMPT
35-6000972
Page 1 of 1
PURCHASE ORDER NUMBER
110694 --·-
1THISNUMBERMUSTAPPEARONINVOICES, NP
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.
12/20/2023
THOMAS P MILLER & ASSOC LLC
VENDOR 1630 N MERIDIAN ST
SUITE 330
INDIANAPOLIS, IN 46202 -
PURCHASE ID BLANKET CONTRACT
83498
QUANTITY UNIT OF MEASURE
Department: 1160 Fund: 101 General Fund
VENDOR NO.
377599
PAYMENT TERMS
DESCRIPTION
DESCRIPTION
COMMUNITY ENGAGEMENT SURVEY
Mayor's Office
SHIP 1 Civic Square
TO Carmel, IN 46032-
UNIT PRICE
FREIGHT
EXTENSION
Account: 43-419.99
1 Each COMMUNITY ENGAGEMENT SURVEY $61,583.00
Sub Total
61,583.00
61,583.00
Send Invoice To:
Mayor's Office
1 Civic Square
Carmel, IN 46032-
PLEASE INVOICE IN DUPLICATE
DEPARTMENT
SHIPPING INSTRUCTIONS
SHIP PREPAID.
c.o.D. SHIPMENT CANNOT BE ACCEPTED.
ACCOUNT
PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945
AND ACTS AMENDAT ORY THEREOF AND SUPPLEMENT THERETO.
CONTROL NO. 110694
ORDERED BY
TITLE
CONTROLLER
PROJECT
PAYMENT
PROJECT ACCOUNT AMOUNT
61,583.00
NP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
Sharon Kibbe
Executive Office Manager
James Crider
Director of Administration
CzTfshfzHsfdivlijobu23;48qn-Kbo13-3135
CityofCarmel- SnowandSaltingRates2023-2024 (basedon22snow
Location1-3" PerEvent3-6" PerEvent6"+ PerEvent
CityHall$ 1,537.00$ 3,074.00$ 4,611.00
MainSt- InROW$ 2,250.00$ 4,500.00$ 6,750.00
MainSt- OutofROW$ 866.00$ 1,732.00$ 2,598.00
Palladium/ Tarkington InROW$ 1,735.00$ 3,470.00$ 5,205.00
Palladium/ TarkingtonOutofROW$ 4,290.00$ 8,580.00$ 12,870.00
Midtown$ 1,400.00$ 2,800.00$ 4,200.00
Midtown WestSidewalks$ 735.00$ 1,470.00$ 2,205.00
MidtownSouthof3rd/ Elm$ 675.00$ 1,350.00$ 2,025.00
Palladium Steps$ 150.00$ 300.00$ 450.00
Total$ 13,638.00$ 27,276.00 $ 40,914.00
Parkinggarages snowhaul$ 4,550.00$ 6,500.00$ 9,100.00
Skidsteer seasonleaseDecember 23-March24$ 14,500.00
HourlyRates
Labor$ 70.00
SnowBlowers$ 70.00
SkidSteerwithBlade$ 160.00
SkidSteerwithBucket$ 160.00
UTV/Snowrator withplowandspreader$ 85.00
DumpTrucks$ 130.00
events)
1IceMeltApp
482.00
705.00
272.00
545.00
1,350.00
460.00
230.00
215.00
40.00
4,299.00
SquareFootage forSnowRemoval
Mainscape
OutofROW
Location SquareFootage
Tarkington GarageRoofandAdjacent Sidewalk52,040
Tarkington South Sidewalks7,810
Palladium Sidewalks20,840
Palladium Stairs760
CityCenter Tunnel Stairs- Porcelain Pavers4,270
SophiaSquare- Inner Courtyard andBreezeways14,570
Children'sArt Gallery610
Visitors Bureau Parking Lot2,400
Reflecting Pond35,780
CityHall- Front Lawn Sidewalks12,180
City Hall- Sidewalks6,430
City Hall- Esidewalk1,350
City Hall- Japanese Garden2,690
Civic Square Garage26,685
Total (OutofROW)188,415
Mainscape
InROW SquareFootage
Tarkington Sidewalks7,060
CarterGreen- 2styles- during andaftermarket30,600
Carter Green- Decking- noicemelt5,300
Carter Green- Porcelain Pavers4,510
Palladium Outer Sidewalks8,760
CityCenter and 3rdAve- NE10,710
A&DD- 4thandMainFountain Area- NW3,093
A&DD- 4th andMain Fountain Area- NE2,910
A&DD- 4thandMain Fountain Area- SW740
A&DD- 4thandMainFountain Area- SE1,650
A&DD- Main StandMonon- NW4,210
A&DD- Main StandMonon- SW3,840
A&DD- MainStandMonon- SE8,790
A&DD- Sophia Square onMain12,190
Monon Blvd- Main Stto1st StS3,040
Monon Blvd- 1stStSto2ndStS- W4,110
Monon Blvd- 1stStStoMonon Plaza- E3,930
Monon Blvd- 2ndStStoWElm- W2,570
Monon Blvd- WElmSttoWWalnut- W9,380
Monon Blvd- WElmSttoWWalnut- E, andWalnut16,620
A&DD- MainStandVeterans Way- NE5,080
A&DD- MainStandVeterans Way- SE5,570
A&DD- MainandRangeline- SE3,380
A&DD- MainandRangeline- NE630
A&DD- Visitors Cntr- Park. Lot & Sidewalks3,930
Veterans Way- 1stStSWtoElm4,500
Veterans Way- Elm toWalnut8,170
CityHall- CivicSquare Fountain Sidewalks9,040
CityHall- UpperParking Lot 4,380
Total (InROW)188,693
8/7/2023
MAINSCAPE LANDSCAPING
FISHERS,, IN 46038 -
109958
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
Matt Higginbotham
79751
2201Department:2201Fund:Motor Vehicle Highway FND
43-504.00Account:
SnowRemoval1 $26,791.00 $26,791.00Each
26,791.00SubTotal
26,791.00
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 109958
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
8/7/2023
MAINSCAPE LANDSCAPING
FISHERS,, IN 46038 -
109959
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
79754
1206Department:101Fund:General Fund
43-504.00Account:
SnowRemoval1 $16,940.00 $16,940.00Each
16,940.00SubTotal
16,940.00
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 109959
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
CzTfshfzHsfdivlijobu2;56qn-Kbo14-3135
1/2/2024
MAINSCAPE LANDSCAPING
FISHERS,, IN 46038 -
110738
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
83746
1206Department:101Fund:General Fund
43-504.00Account:
Mowing / Landscaping1 $92,845.89 $92,845.89Each
92,845.89SubTotal
92,845.89
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 110738
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
RESOLUTION NO. BPW 01-11-24-02
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesignedtheAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu2;24qn-Efd25-3134
Barth Electric Co., Inc.
Street Department - 2023
Appropriation #1206 043-509.00Capital LeaseFund; P.O. #110471
Contract NotToExceed $703,038.00
Works andSafety on orabout November 15, 2023, all ofwhich documents are incorporated herein by
reference, andthatthe Goods andServices will bedelivered inatimely, good andworkmanlike manner and
free from defect. Vendor acknowledges that itknows ofCity’sintended use andexpressly warrants thatthe
Goods and Services provided toCity pursuant tothisAgreement have been selected byVendor based upon
City’sstated use andarefitandsufficient fortheir particular purpose.
5. TIME AND PERFORMANCE:
This Agreement shall become effective asofthelast date on which aparty hereto executes same (“Effective
Date”), and bothparties shallthereafter perform theirobligations hereunder inatimely manner. Time isofthe
essence ofthisAgreement.
6. DISCLOSURE AND WARNINGS:
Ifrequested byCity, Vendor shallpromptly furnish toCity, insuch formand detail as Citymay direct, alistof
allchemicals, materials, substances and items used inorduring the provision oftheGoods andServices
provided hereunder, including thequantity, quality and concentration thereof andanyother information relating
thereto. Atthetime ofthe delivery oftheGoods andServices provided hereunder, Vendor agrees tofurnish to
Citysufficient written warning andnotice (including appropriate labels oncontainers and packing) ofany
hazardous material utilized inorthat isapartoftheGoods andServices.
7. LIENS:
Vendor shall notcause orpermit thefilingofanylien onany ofCity’sproperty. Intheevent anysuch lien is
filedand Vendor fails toremove such lien within ten (10) daysafter thefiling thereof, bypayment orbonding,
Cityshallhavethe right topaysuch lien orobtain suchbond, allatVendor’ssolecostandexpense.
8. DEFAULT:
Inthe event Vendor: (a) repudiates, breaches ordefaults under any oftheterms orconditions ofthis
Agreement, including Vendor’swarranties; (b) fails toprovide theGoods andServices asspecified herein; (c)
fails tomake progress soasto endanger timely and proper provision oftheGoods and Services and does not
correct such failure orbreach within five (5) business days (orsuch shorter period oftimeas iscommercially
reasonable under thecircumstances) afterreceipt ofnotice from Cityspecifying such failure orbreach; or (d)
becomes insolvent, isplaced into receivership, makes ageneral assignment forthe benefit ofcreditors or
dissolves, each such event constituting an event ofdefault hereunder, City shallhave theright to (1) terminate
alloranyparts ofthisAgreement, without liability toVendor; and (2) exercise all other rights and remedies
available toCity atlawand/orinequity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain infullforce and effect during theterm ofthisAgreement, withaninsurer
licensed todo business intheState ofIndiana, such insurance asisnecessary for theprotection ofCity and
Vendor from allclaims fordamages under anyworkers’ compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, butnotlimited to, personal injury, sickness,
disease or death ofortoany ofVendor’sagents, officers, employees, contractors andsubcontractors; and, for
any injury toordestruction ofproperty, including, butnotlimited to, any lossofuseresulting therefrom. The
coverage amounts shall benoless than those amounts setforth inattached Exhibit C. Vendor shall cause its
insurers toname Cityasanadditional insured onallsuch insurance policies, shall promptly provide City, upon
request, with copies ofallsuch policies, andshallprovide that such insurance policies shall notbecanceled
without thirty (30) dayspriornotice toCity. Vendor shallindemnify andhold harmless Cityfromand against
anyandall liabilities, claims, demands orexpenses (including, butnotlimited to, reasonable attorney fees) for
injury, death and/or damages toanyperson orproperty arising from orin connection withVendor’sprovision
ofGoods andServices pursuant toorunder this Agreement orVendor’suseofCity property.
S:\\Contracts\\Departments\\Street\\2023\\Barth Electric Co. IncGoods andServices.docx:12/12/2023 10:06AM\]
2
Barth Electric Co., Inc.
Street Department - 2023
Appropriation #1206 043-509.00Capital LeaseFund; P.O. #110471
Contract NotToExceed $703,038.00
Vendor further agrees toindemnify, defend and hold harmless City and itsofficers, officials, agents and
employees fromallclaims andsuits ofwhatever type, including, butnotlimited to, allcourtcosts, attorney fees,
and other expenses, caused byany actoromission ofVendor and/orofany ofVendor’sagents, officers,
employees, contractors orsubcontractors intheperformance ofthisAgreement. These indemnification
obligations shall survive thetermination ofthisAgreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees tocomply with allfederal, state and local laws, executive orders, rules, regulations and codes
which maybeapplicable toVendor’sperformance ofitsobligations under this Agreement, andallrelevant
provisions thereof areincorporated herein by this reference. Vendor agrees to indemnify andholdharmless
City fromany loss, damage and/orliability resulting from any such violation ofsuch laws, orders, rules,
regulations andcodes. This indemnification obligation shall survive the termination ofthis Agreement.
11. NONDISCRIMINATION:
Vendor represents and warrants that itandallofitsofficers, employees, agents, contractors and
subcontractors shallcomply with alllawsoftheUnited States, theState ofIndiana andCityprohibiting
discrimination against anyemployee, applicant for employment orother person intheprovision ofanyGoods
and Services provided bythisAgreement with respect totheirhire, tenure, terms, conditions andprivileges of
employment and any other matter related totheiremployment orsubcontracting, because ofrace, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/orVietnam era veteran status.
12. E-VERIFY:
Pursuant toI.C. § 22-5-1.7etseq., asthesame may beamended from time totime, and asisincorporated
herein bythis reference (the “Indiana E-Verify Law”), Vendor isrequired toenroll inand verify thework eligibility
status ofitsnewly-hired employees using the E-Verify program, andtoexecute theAffidavit attached herein
asExhibit D, affirming that itisenrolled andparticipating intheE-Verify program and does notknowingly
employ unauthorized aliens. Insupport oftheAffidavit, Vendor shall provide theCity withdocumentation
indicating that ithas enrolled andisparticipating intheE-Verify program. Should Vendor subcontract
fortheperformance ofany work under andpursuant tothis Agreement, itshallfullycomply with theIndiana E-
Verify Lawasregards each suchsubcontractor. Should theVendor oranysubcontractor violate theIndiana
E-Verify law, theCity may require acure ofsuch violation and thereafter, ifnotimely cure is performed,
terminate thisAgreement inaccordance witheither the provisions hereof orthose setforth intheIndiana E-
Verify Law. The requirements ofthis paragraph shall notapplyshould the E-Verify program cease toexist.
13. NOIMPLIED WAIVER:
The failure ofeither party torequire performance bytheother ofany provision ofthisAgreement shallnotaffect
theright ofsuch party torequire such performance atanytimethereafter, norshallthe waiver byany partyof
abreach ofanyprovision ofthisAgreement constitute awaiver ofanysucceeding breach ofthesame orany
other provision hereof.
14. NON-ASSIGNMENT:
Vendor shallnot assign orpledge this Agreement, whether ascollateral foraloanorotherwise, and shall not
delegate itsobligations under this Agreement without City’spriorwritten consent.
15. RELATIONSHIP OFPARTIES:
The relationship ofthe parties hereto shall beasprovided forinthisAgreement, andneither Vendor norany
ofitsofficers, employees, contractors, subcontractors andagents areemployees of City. The contract price
setforthherein shall bethefulland maximum compensation andmonies required ofCity tobepaid toVendor
under orpursuant tothisAgreement.
S:\\Contracts\\Departments\\Street\\2023\\Barth Electric Co. IncGoods andServices.docx:12/12/2023 10:06AM\]
3
Barth Electric Co., Inc.
Street Department - 2023
Appropriation #1206 043-509.00Capital LeaseFund; P.O. #110471
Contract NotToExceed $703,038.00
16. GOVERNING LAW; LAWSUITS:
This Agreement istobeconstrued inaccordance with and governed bythelaws oftheStateofIndiana, except
foritsconflict oflaws provisions. The parties agree that, intheevent alawsuit isfiled hereunder, theywaive
their righttoajury trial, agree tofileanysuch lawsuit inanappropriate court inHamilton County, Indiana only,
and agree that suchcourt istheappropriate venue forand hasjurisdiction oversame.
17. SEVERABILITY:
Ifanyterm ofthis Agreement isinvalid or unenforceable under any statute, regulation, ordinance, executive
order orother rule oflaw, suchterm shallbedeemed reformed ordeleted, butonly totheextent necessary to
comply with same, and theremaining provisions ofthisAgreement shall remain infullforce andeffect.
18. NOTICE:
Anynotice provided forinthis Agreement willbe sufficient ifitisinwriting andisdelivered bypostage prepaid
U.S. certified mail, return receipt requested, totheparty tobe notified attheaddress specified herein:
IftoCity: CityofCarmel AND CityofCarmel
Street Department Office ofCorporation Counsel
st3400W131 Street One Civic Square
Carmel, Indiana 46074 Carmel, Indiana 46032
IftoVendor: Barth Electric Co., Inc.
1934NIllinois Street
Indianapolis, Indiana 46202
Notwithstanding theabove, notice oftermination under paragraph 19 hereinbelow shall beeffective ifgiven
orally, aslong aswritten notice isthen provided assetforth hereinabove within five (5) business days from the
date ofsuch oralnotice.
19. TERMINATION:
19.1 Notwithstanding anything tothecontrary contained inthisAgreement, City may, upon notice toVendor,
immediately terminate thisAgreement forcause, intheeventofadefault hereunder byVendor and/or
ifsufficient funds arenotappropriated orencumbered topay for the Goods andServices tobeprovided
hereunder. In theevent ofsuch termination, Vendor shall be entitled toreceive onlypayment forthe
undisputed invoice amount representing conforming Goods andServices delivered asofthedate of
termination, except that such payment amount shallnotexceed the Estimate amount ineffect atthe
time oftermination, unless theparties have previously agreed inwriting toagreater amount.
19.2 Citymayterminate thisAgreement atanytime upon thirty (30) days prior notice toVendor. Inthe
event ofsuch termination, Vendor shall be entitled toreceive onlypayment for the undisputed invoice
amount ofconforming Goods andServices delivered asofthedate oftermination, except that such
payment amount shall notexceed the Estimate amount ineffect atthe time oftermination, unless the
parties havepreviously agreed inwriting toagreater amount.
19.3 TheCitymayterminate thisAgreement pursuant toParagraph 11hereof, asappropriate.
S:\\Contracts\\Departments\\Street\\2023\\Barth Electric Co. IncGoods andServices.docx:12/12/2023 10:06AM\]
4
Barth Electric Co., Inc.
Street Department - 2023
Appropriation #1206 043-509.00Capital LeaseFund; P.O. #110471
Contract NotToExceed $703,038.00
20. REPRESENTATIONS AND WARRANTIES
Theparties represent and warrant that theyareauthorized toenterinto this Agreement andthatthe persons
executing this Agreement havethe authority tobind theparty which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that Citymay, from time totime, request Vendor toprovide additional goods
andservices toCity. When City desires additional goods and services from Vendor, theCity shall notify Vendor
ofsuch additional goods andservices desired, aswellasthetime frame inwhich same are tobeprovided.
Only afterCity has approved Vendor’stime and cost estimate forthe provision ofsuchadditional goods and
services, hasencumbered sufficient monies topay forsame, and hasauthorized Vendor, inwriting, toprovide
suchadditional goods and services, shall such goods and services beprovided byVendor toCity. Acopy of
theCity’sauthorization documents for thepurchase ofadditional goods and services shallbenumbered and
attached hereto intheorder inwhichthey areapproved byCity.
22. TERM
Unless otherwise terminated inaccordance withthetermination provisions set forth inParagraph 19
hereinabove, thisAgreement shall beineffect from theEffective Datethrough December 31, 2023 and shall,
onthe firstdayofeach January thereafter, automatically renew foraperiod ofone (1) calendar year, unless
otherwise agreed bytheparties hereto.
23. HEADINGS
All heading andsections ofthis Agreement are inserted forconvenience onlyand donot formapart ofthis
Agreement norlimit, expand orotherwise alterthe meaning ofany provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound totheother with respect toallofthecovenants, terms, warranties and obligations
set forth inAgreement.
25. NOTHIRD PARTY BENEFICIARIES
This Agreement gives norights orbenefits toanyone other than CityandVendor.
26. ADVICE OFCOUNSEL:
Theparties warrant thattheyhave read thisAgreement and understand it, have hadtheopportunity toobtain
legal advice and assistance of counsel throughout thenegotiation ofthisAgreement, andenter intosame
freely, voluntarily, andwithout anyduress, undue influence orcoercion.
27. IC5-16-13.
Theprovisions ofIC5-16-13are hereby incorporated into this Agreement by reference.
28. DEBARMENT AND SUSPENSION
28.1 The Vendor certifies byentering intothis Agreement thatneither itnoritsprincipals norany ofits
subcontractors arepresently debarred, suspended, proposed fordebarment, declared ineligible orvoluntarily
excluded fromentering into thisAgreement byanyfederal agency orbyany department, agency orpolitical
subdivision oftheState ofIndiana. Theterm “principal” for purposes ofthisAgreement means anofficer,
director, owner, partner, key employee orother person with primary management orsupervisory
responsibilities, oraperson who has acritical influence onorsubstantive control over the operations ofthe
Vendor.
S:\\Contracts\\Departments\\Street\\2023\\Barth Electric Co. IncGoods andServices.docx:12/12/2023 10:06AM\]
5
Barth Electric Co., Inc.
Street Department - 2023
Appropriation #1206 043-509.00Capital LeaseFund; P.O. #110471
Contract NotToExceed $703,038.00
28.2 TheVendor certifies thatithas verified thestate andfederal suspension anddebarment status for all
subcontractors receiving funds under this Agreement and shall besolely responsible forany recoupment,
penalties orcosts thatmight arisefrom useofasuspended ordebarred subcontractor. The Vendor shall
immediately notify theCity ifanysubcontractor becomes debarred orsuspended, andshall, attheCity’s
request, take allsteps required bytheCity toterminate itscontractual relationship withthe subcontractor for
worktobeperformed under this Agreement.
29. IRAN CERTIFICATION.
Pursuant toI.C. § 5-22-16.5, the Vendor shall certify that, insigning thisAgreement, itdoes notengage in
investment activities within the Country ofIran.
29. ENTIRE AGREEMENT:
ThisAgreement, together with anyexhibits attached hereto orreferenced herein, constitutes the entire
agreement between Vendor andCitywith respect tothesubject matter hereof, andsupersedes all priororal
orwritten representations andagreements regarding same. Notwithstanding any other term orcondition set
forthherein, butsubject toparagraph 16hereof, tothe extent anyterm orcondition contained inanyexhibit
attached tothis Agreement orinany document referenced herein conflicts with anyterm orcondition contained
inthis Agreement, theterm orcondition contained inthis Agreement shall govern andprevail. This Agreement
may only bemodified bywritten amendment executed by bothparties hereto, ortheirsuccessors ininterest.
S:\\Contracts\\Departments\\Street\\2023\\Barth Electric Co. IncGoods andServices.docx:12/12/2023 10:06AM\]
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.
Page1of1INDIANARETAILTAXEXEMPT
CERTIFICATENO. 0031201550020PURCHASEORDERNUMBERCityofCarmelFEDERALEXCISETAXEXEMPT110471
35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/PONECIVICSQUARE
VOUCHER, DELIVERY MEMO, PACKING SLIPS, CARMEL, INDIANA46032-2584 SHIPPING LABELS AND ANY CORRESPONDENCEFORMAPPROVEDBYSTATEBOARDOFACCOUNTSFORCITYOFCARMEL - 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
Lease = 012/7/2023377571
BARTH ELECTRIC COINC Street Department
VENDORSHIP1934NILLINOISST 3400W. 131st Street
TO Carmel, IN 46074-
INDIANAPOLIS, IN 46202 - (317) 733-2001
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
83094
QUANTITYUNIT OF MEASUREDESCRIPTIONUNIT PRICEEXTENSION
Department:Fund: 12060Capital Lease Fund
Account: 43-509.00
1EachTarkington Lighting$703,038.00$703,038.00
SubTotal 703,038.00
SendInvoiceTo:
Street Department
3400 W. 131stStreet
Carmel, IN 46074-
317) 733-2001 PLEASEINVOICEINDUPLICATE
DEPARTMENTACCOUNTPROJECTPROJECT ACCOUNTAMOUNT
703,038.00PAYMENT
A/PVOUCHER CANNOT BEAPPROVED FOR PAYMENT UNLESS THE P.O. NUMBER ISMADE ASHIPPINGINSTRUCTIONSPARTOFTHEVOUCHERANDEVERYINVOICEANDVOUCHERHASTHEPROPERSWORNSHIPPREPAID. AFFIDAVIT ATTACHED. IHEREBY CERTIFY THAT THERE ISAN UNOBLIGATED BALANCE IN
C.O.D. SHIPMENT CANNOT BE ACCEPTED.THIS APPROPRIATION SUFFICIENT TOPAY FOR THEABOVE ORDER.
PURCHASE ORDER NUMBER MUST APPEAR ONALL SHIPPING LABEL
THIS ORDER ISSUED INCOMPLIANCE WITH CHAPTER 99, ACTS 1945
ORDEREDBYANDACTSAMENDATORYTHEREOFANDSUPPLEMENTTHERETO. LeeHigginbothamJames Crider
TITLECommissionerDirector ofAdministration
CONTROL NO. 110471 CONTROLLER
RESOLUTION NO. BPW 01-11-24-06
RESOLUTION OFTHE CITY OFCARMEL BOARD OFPUBLIC WORKS ANDSAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant toIndiana Code36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorized toenter
intocontracts; and
WHEREAS, pursuant toIndiana Code36-4-5-3, theCity’smayormayenterintocontracts onbehalf ofthe
City; and
WHEREAS, pursuant toherauthority underIndiana law, theCity’smayor, theHonorable SueFinkam, has
caused tobesigned theAgreement attached hereto (the “Contract”); and
WHEREAS, Mayor Finkam nowwishes topresent thecontract totheCity’sBoardofPublic Worksand
Safetyforittobepublicly acknowledged, filedintheClerk’sOffice, andmadeavailable tothepublic forreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmel Board ofPublic Works andSafety as
follows:
1. Theforegoing Recitals areincorporated herein bythisreference.
2. Thereceipt oftheContract ishereby acknowledged.
3. TheContract shallbepromptly filedintheoffice oftheClerk andthereafter madeavailable tothepublic
forreview.
SORESOLVED this dayof , 2024.
CITY OFCARMEL, INDIANA
Byand through itsBoardofPublic WorksandSafety
BY:
SueFinkam, Presiding Officer
Date:
Date:
Date:
ATTEST:
Jacob Quinn, Clerk
Date:
CzTfshfzHsfdivlijobu4;1:qn-Efd31-3134
ExhibitA
12/5/2023
COLDSPRING
CHICAGO, IL 60694--1037
110403
PO BOX 71037
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
370238
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
82982
2201Department:2201Fund:Motor Vehicle Highway FND
43-504.00Account:
GranitePavers1 $18,490.00 $18,490.00Each
18,490.00SubTotal
18,490.00
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 110403
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
7/12/2018
COLDSPRING
CHICAGO, IL 60694--1037
101784
PO BOX 71037
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
Granite Pavers
Street Department
3400 W. 131st Street
Carmel, IN 46074-
317) 733-2001
370238
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
27555
2201Department:2201Fund:Motor Vehicle Highway FND
43-504.00Account:
GranitePavers1 $8,150.00 $8,150.00Each
8,150.00SubTotal
8,150.00
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 101784
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
James Crider
317) 733-2001
Director of Administration
CzTfshfzHsfdivlijobu:;37bn-Kbo14-3135
James Pratt
11775Technology Drive
Fishers, IN 46038
Phone: (317) 570-2300
Customer Information
BILLTO:SERVICE LOCATION:
CITY OF CARMELIN ROW
3400 W131ST ST 3400W131ST STREET
CARMEL, IN 46074WESTFIELD, IN 46074
USAUSA
Phone: (317) 733-2001Phone: (317) 733-2001
Detail ofCharges
Service LocationLine Item DescriptionRound #Round DescriptionTotal Price
INROW Lawn Service2Late Spring - Fertilizer, broadleaf $46,742.50
weed, crabgrass andpre-emergent
weed control (AsNeeded/Weather
Dependent)
INROW Lawn Service3Early Summer - Fertilizer, broadleaf $43,003.10
weed control (AsNeeded/Weather
Dependent)
INROW Lawn Service5Early Fall - Fertilizer, broadleaf weed $43,003.10
control (AsNeeded/Weather
Dependent)
INROW Lawn Service6Fall - Fertilizer, broadleaf weed $43,003.10
control (AsNeeded/Weather
Dependent)
INROW Armyworm Control10$13,544.10
INROW Spring Fertilization2Root Zone Fertilization$24,990.72
INROW Tree & Shrub Fertilizer6Root Zone Fertilization$24,990.72
Subtotal: $239,277.34
TotalSales Tax Amount: $0.00
Grand Total: $239,277.34
Description:
Standard Terms andConditions
1. Term. The term ofthis Agreement shall one (1) year fromthedate signed byyou, theCustomer.
2. Price increases. Prices ofservices provided in this agreement may beincreased should youadd property under thisagreement, orintheevent ofincreases inthecost offuel,
material, orlabor, orcosts incurred byTruGreen due togovernment regulation andother causes. Inaddition, TruGreen mayelect toincrease the price ofservices under this agreement
after thefirst year, orafter anysubsequent anniversary date oftheagreement byapercentage amount not toexceed five percent (5%) ofthethen current price, orconsistent withany
increase inthecurrent consumer price index, whichever isgreater. TruGreen shall notincrease itsprices onanelective basis more frequently than once during any agreement year.
3. Payment Terms. Payment isdue toTruGreen within 30days after theinvoice date. Intheevent you failtomake payment when due, TruGreen reserves theright toterminate this
Agreement. Alateservice fee equal tothelesser of15% permonth (18% a.p.r.) or themaximum interest rate allowed bylawwillbecharged onanybalance unpaid over thirty (30)
days. Aservice charge of $25.00will becharged forany returned check. Should itbecome necessary tobring anaction tocollect amounts due under this agreement, youagree topay
allcosts ofsuchcollection including, butnotlimited to, any reasonable attorney’sfees orother professional fees andcourt costs.
4. Check processing policy ACH. When you provide acheck aspayment, you authorize TruGreen either touseinformation from your check to make aone-time electronic fund transfer
from youraccount ortoprocess thepayment asacheck transaction. IfTruGreen uses information fromyour check tomake anelectronic fund transfer, funds may bewithdrawn from
2023TruGreen L.P. AllRightsReserved 2024-R-5739-INROW - 2023-11-1614:58:30
youraccount assoonasthe same day wereceive your payment, and you willnotreceive yourcheck back fromyourfinancial institution. Returns: intheevent that yourpayment is
returned unpaid, youauthorize ustheoption tocollect afee asallowed bylaw through anelectronic fund transfer fromyour account.
5. Termination. Inthe caseofyour non-payment ordefault. TruGreen has theright toterminate thisAgreement immediately upon notice toyou. TruGreen mayterminate thisAgreement
forconvenience upon thirty (30) days prior written notice toyou. Youmay cancel thisAgreement for material breach byTruGreen, provided thatyou give TruGreen written notice ofthe
details ofthe breach, andthereafter TruGreen failstocure thebreach within thirty (30) days after said notice. (a). Additional termination provisions for landscape companies, property
management companies, agents and othersimilar entities: To theextent you represent one ormore property owners and/orproperties covered under thisagreement, and inthe event
such owner terminates your contract with regard toone ormore properties, then uponnotice to TruGreen, youmayterminate this Agreement only asitrelates tosuch property for
which owner terminated itscontract withyou. Tothe extent that thisAgreement applies toother properties, notterminated bythe owner, this Agreement shall continue infull force and
effect withregard tosuch other properties.
6. Sale ofProperty. Youagree tonotify TruGreen inwriting immediately intheevent that you sell any property which isthe subject ofthis Agreement. TruGreen shall make the
appropriate adjustment inprice toaccommodate thereduction ofsquare footage treated inthe event that property issold. Inthe event allproperty which isthe subject oftheAgreement
issold, this Agreement shall beterminated upon receipt byTruGreen ofyour written notice that you have sold the property. Should you failtonotify TruGreen as required inthis
provision, you agree toindemnify TruGreen forany damages incurred asaresult ofyour failure tonotify.
7. LIABILITY. TRUGREEN ISRESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE ORBREACH OFTHIS AGREEMENT. BUT IS NOT RESPONSIBLE
FORANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING ORRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE
OFANY OBLIGATIONS UNDER THEAGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS ORINCOME, REGARDLESS OF THE BASIS FOR THECLAIM.
8. Duty toInspect. You haveaduty toinspect theproperty within fifteen (15) days after service has been performed byTruGreen. Ifyou believe TruGreen provided deficient work, you
agree tonotify TruGreen immediately inwriting. Ifwritten notice isnot received byTruGreen within fifteen (15) daysafterthe date ofservice, youagree that anyand allclaims alleging
damage ofany nature ortorecover past payments and/orrights towithhold future payments due under thisAgreement arewaived.
9. Notice totenants, employees, invitees. To theextent necessary, you have aduty tonotify alltenants, employees, visitors and anyother invitee on thepremises ofascheduled
service prior tothe performance ofany scheduled service by TruGreen.
10. NoWarranties. Except asexpressly setforthinthis Agreement. TruGreen makes nowarranty orrepresentation ofanykind, expressed orimplied, concerning either products used
orservices performed, including noimplied warranty ofmerchantability orfitness oftheproduct foranyparticular purpose, andnosuchwarranty shall beimplied bylaw, usage oftrade,
course ofperformance, course ofdealing, oronanyother basis.
11. Force majeure. Except forthepayment ofTruGreen’sinvoices owed byyou, ifeither TruGreen oryoushall be prevented ordelayed intheperformance ofany orall oftheprovisions
ofthisAgreement, byreason ofany labor dispute, industry disturbance, delay intransportation, governmental regulatory orlegal action, actofGod orany cause beyond such part’s
control, theobligations hereunder ofsuch party shall be extended foraslongas such cause shall beineffect andanydelay orloss suffered bythe otherparty shall notbechargeable
inanyway tosuch party: provided, however, theother party suffering such cause shall immediately notify theother party ofsuch inability andshall usereasonable efforts toremedy
same with allreasonable dispatch. Ifanyevent offorce majeure should prevent aparty from performing itsobligations under this Agreement foraperiod ofninety consecutive (90)
days, the other party shall have theright tocancel this Agreement upon notice tothe party unable toperform itsobligations.
12. No assignment. You shall nothave the righttoassign this Agreement oragree tothetransfer ofthis Agreement by operation oflaw orotherwise without the prior written consent
ofTruGreen. ThisAgreement shall bebinding upon, and shallinure tothebenefit of, the parties hereto and toanypermitted successors and assigns.
13. Watering, Cultural Practices. The success ofthisprogram depends onproper watering, mowing and cultural practices. Some products used byTruGreen may include label
directions requiring thewatering ofthematerial after application. Ifany ofthese products are used on theproperty, TruGreen willprovide you withwatering instructions following the
application and you agree toassume such watering responsibility. Climate conditions, soilconditions, plant diseases, plant material, andmiscellaneous external factors willimpact
response totreatment. Results fordifficult-to-control diseases will varydepending onenvironment, culture and agronomic programs used ortreatment applied. Treatment fordiseases
mayinclude additional cost. Consult your TruGreen specialist fordetails.
14. Modification ofprogram. Thisprogram consists oflawn care and/ortree and shrub care as indicated above. Specific products, rates ofapplication andmethod ofapplication will
vary with theseason, weather conditions, andthe needs ofyourlawn asdetermined byyour TruGreen specialist. Yourregularly scheduled programs may bemodified depending on
theweather and thecondition ofyour landscape. Theapplication methods and procedures usedtoperform service under this Agreement willbedetermined solely byTruGreen. Your
TruGreen specialist willkeepyouinformed on anymodifications tothisschedule.
15. Insects andBorers. Total insect elimination isnotdesirable withany program because beneficial insects will be lostalong with thetargeted pests. Plants invaded byborers have a
highprobability ofdeath or decline. Sound cultural practices and control applications may extend the lifeofsome plant species. Treatment forboring insects may include additional
cost. Consult your TruGreen specialist withdetails
16. Authorization toprovide Service. TruGreen agrees tofurnish labor andmaterials forpurposes ofthis Agreement and isauthorized byyoutotreat theproperty attheaddress shown
above. Yourepresent and warrant toTruGreen thatyou arethe owner ofsaidproperty, orinthe event that youarenotthe owner oftheproperty towhich thisAgreement applies, you
represent and warrant thatyouhave thelegal authority toexecute andbind theowner ofthe property totheterms andconditions ofthisAgreement.
17. MANDATORY ARBITRATION. Anyclaim, dispute orcontroversy, regarding any contract, tort, statute, orotherwise (“Claim”), arising outoforrelating tothisagreement orthe
relationships among theparties hereto shall beresolved byonearbitrator through binding arbitration administered bythe American Arbitration Association (AAA), under theAAA
Commercial orConsumer, asapplicable. Rules ineffect atthe timetheClaim is filed (“AAA Rules”). Copies oftheAAA Rules and forms can belocated atwww.adr.org, orbycalling 1-
800-778-7879. Thearbitrator’sdecision shall befinal, binding, and non-appealable. Judgment upon the award maybeentered and enforced inanycourt having jurisdiction. Thisclause
ismade pursuant toatransaction involving interstate commerce andshall begoverned bytheFederal Arbitration Act. Neither party shall suetheother party other than asprovided
herein orfor enforcement ofthis clause orofthearbitrator’saward; anysuchsuit may bebrought onlyinFederal District Court forthe District or, ifanysuch court lacks jurisdiction,in
any state court thathas jurisdiction. Thearbitrator, and notanyfederal, state, orlocal court, shallhave exclusive authority toresolve anydispute relating to the interpretation,applicability,
unconscionability, arbitrability, enforceability or formation ofthisAgreement including anyclaim that allorany partoftheAgreement isvoid orvoidable. However, thepreceding sentence
shall notapply totheclause entitled “Class Action Waiver.”
18. CLASS ACTION WAIVER. Any Claim must bebrought intheparties’ individual capacity, and notasaplaintiff orclass member inany purported class, collective, representative,
multiple plaintiffs, orsimilar proceeding (“Class Action”). Theparties expressly waive anyability tomaintain anyClass Action inanyforum. The arbitrator shallnothave authority to
combine oraggregate similar claims orconduct anyClass Action nor make anaward toany person orentity notaparty tothearbitration. Any claim thatallorpart ofthisClass Action
Waiver isunenforceable, unconscionable, void, orvoidable may be determined only byacourt ofcompetent jurisdiction and notbyanarbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HADARIGHT TOLITIGATE THROUGH ACOURT, TO HAVE AJUDGE ORJURY DECIDE THEIR CASE ANDTO BE
PARTY TO ACLASS ORREPRESENTATIVE ACTION. HOWEVER. THEY UNDERSTAND AND CHOOSE TOHAVE ANYCLAIMS DECIDED INDIVIDUALLY, THROUGH
ARBITRATION.
19. Unless expressly noted otherwise herein, this Agreement andanyinvoice issued byTruGreen pursuant tothe terms hereof, set forth the entire understanding oftheparties, and
supersede any and allproposals, negotiations, representations andprior agreements relating tothesubject matter ofthis Agreement, written orotherwise, including, without limitation
anysales agreement previously executed bythe parties. Totheextent thatany terms set forth inaninvoice should conflict with theterms set forth inthisAgreement, thisAgreement
shallcontrol. Noterms, conditions, orwarranties other than those stated herein orinanyinvoice issued by TruGreen, and noagreements orunderstanding, oral orwritten, inanyway
purporting tomodify these conditions shallbebinding onthe parties hereto unless hereafter made inwriting and signed byauthorized representatives ofbothparties.
20. Thiscustomer service Agreement isonly valid ifaccepted by youwithin 30days ofthedatesubmitted tocustomer.
By: _______________________________________________________________ Date: ______________________
REPRESENTATIVE/GENERAL MANAGER
Print Name: ________________________________________________________ Date: ______________________
AUTHORIZED AGENT/CUSTOMER
Customer Signature: _________________________________________________ Date: ______________________
AUTHORIZED AGENT/CUSTOMER
2023TruGreen L.P. AllRightsReserved 2024-R-5739-INROW - 2023-11-1614:58:30
James Pratt
11775Technology Drive
Fishers, IN 46038
Phone: (317) 570-2300
Customer Information
BILLTO:SERVICE LOCATION:
CITY OF CARMELOUT OF ROW
3400 W131ST ST 3400W131ST ST
CARMEL, IN 46074CARMEL, IN 46074
USAUSA
Phone: (317) 733-2001Phone: (317) 733-2001
Detail ofCharges
Service LocationLine Item DescriptionRound #Round DescriptionTotal Price
OUT OFROW Lawn Service2Late Spring - Fertilizer, broadleaf $250.00
weed, crabgrass andpre-emergent
weed control (AsNeeded/Weather
Dependent)
OUT OFROW Lawn Service3Early Summer - Fertilizer, broadleaf $230.00
weed control (AsNeeded/Weather
Dependent)
OUT OFROW Lawn Service5Early Fall - Fertilizer, broadleaf weed $230.00
control (AsNeeded/Weather
Dependent)
OUT OFROW Lawn Service6Fall - Fertilizer, broadleaf weed $230.00
control (AsNeeded/Weather
Dependent)
OUT OFROW Armyworm Control10$72.44
OUT OFROW Spring Fertilization2Root Zone Fertilization$2,993.68
OUT OFROW Tree & Shrub Fertilizer6Root Zone Fertilization$2,993.68
Subtotal: $6,999.80
TotalSales Tax Amount: $0.00
Grand Total: $6,999.80
Description:
Standard Terms andConditions
1. Term. The term ofthis Agreement shall one (1) year fromthedate signed byyou, theCustomer.
2. Price increases. Prices ofservices provided in this agreement may beincreased should youadd property under thisagreement, orintheevent ofincreases inthecost offuel,
material, orlabor, orcosts incurred byTruGreen due togovernment regulation andother causes. Inaddition, TruGreen mayelect toincrease the price ofservices under this agreement
after thefirst year, orafter anysubsequent anniversary date oftheagreement byapercentage amount not toexceed five percent (5%) ofthethen current price, orconsistent withany
increase inthecurrent consumer price index, whichever isgreater. TruGreen shall notincrease itsprices onanelective basis more frequently than once during any agreement year.
3. Payment Terms. Payment isdue toTruGreen within 30days after theinvoice date. Intheevent you failtomake payment when due, TruGreen reserves theright toterminate this
Agreement. Alateservice fee equal tothelesser of15% permonth (18% a.p.r.) or themaximum interest rate allowed bylawwillbecharged onanybalance unpaid over thirty (30)
days. Aservice charge of $25.00will becharged forany returned check. Should itbecome necessary tobring anaction tocollect amounts due under this agreement, youagree topay
allcosts ofsuchcollection including, butnotlimited to, any reasonable attorney’sfees orother professional fees andcourt costs.
4. Check processing policy ACH. When you provide acheck aspayment, you authorize TruGreen either touseinformation from your check to make aone-time electronic fund transfer
from youraccount ortoprocess thepayment asacheck transaction. IfTruGreen uses information fromyour check tomake anelectronic fund transfer, funds may bewithdrawn from
2023TruGreen L.P. AllRights Reserved 2024-R-5739-OUTOFROW - 2023-10-0418:46:17
youraccount assoonasthe same day wereceive your payment, and you willnotreceive yourcheck back fromyourfinancial institution. Returns: intheevent that yourpayment is
returned unpaid, youauthorize ustheoption tocollect afee asallowed bylaw through anelectronic fund transfer fromyour account.
5. Termination. Inthe caseofyour non-payment ordefault. TruGreen has theright toterminate thisAgreement immediately upon notice toyou. TruGreen mayterminate thisAgreement
forconvenience upon thirty (30) days prior written notice toyou. Youmay cancel thisAgreement for material breach byTruGreen, provided thatyou give TruGreen written notice ofthe
details ofthe breach, andthereafter TruGreen failstocure thebreach within thirty (30) days after said notice. (a). Additional termination provisions for landscape companies, property
management companies, agents and othersimilar entities: To theextent you represent one ormore property owners and/orproperties covered under thisagreement, and inthe event
such owner terminates your contract with regard toone ormore properties, then uponnotice to TruGreen, youmayterminate this Agreement only asitrelates tosuch property for
which owner terminated itscontract withyou. Tothe extent that thisAgreement applies toother properties, notterminated bythe owner, this Agreement shall continue infull force and
effect withregard tosuch other properties.
6. Sale ofProperty. Youagree tonotify TruGreen inwriting immediately intheevent that you sell any property which isthe subject ofthis Agreement. TruGreen shall make the
appropriate adjustment inprice toaccommodate thereduction ofsquare footage treated inthe event that property issold. Inthe event allproperty which isthe subject oftheAgreement
issold, this Agreement shall beterminated upon receipt byTruGreen ofyour written notice that you have sold the property. Should you failtonotify TruGreen as required inthis
provision, you agree toindemnify TruGreen forany damages incurred asaresult ofyour failure tonotify.
7. LIABILITY. TRUGREEN ISRESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE ORBREACH OFTHIS AGREEMENT. BUT IS NOT RESPONSIBLE
FORANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING ORRESULTING FROM THE PERFORMANCE OR NONPERFORMANCE
OFANY OBLIGATIONS UNDER THEAGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS ORINCOME, REGARDLESS OF THE BASIS FOR THECLAIM.
8. Duty toInspect. You haveaduty toinspect theproperty within fifteen (15) days after service has been performed byTruGreen. Ifyou believe TruGreen provided deficient work, you
agree tonotify TruGreen immediately inwriting. Ifwritten notice isnot received byTruGreen within fifteen (15) daysafterthe date ofservice, youagree that anyand allclaims alleging
damage ofany nature ortorecover past payments and/orrights towithhold future payments due under thisAgreement arewaived.
9. Notice totenants, employees, invitees. To theextent necessary, you have aduty tonotify alltenants, employees, visitors and anyother invitee on thepremises ofascheduled
service prior tothe performance ofany scheduled service by TruGreen.
10. NoWarranties. Except asexpressly setforthinthis Agreement. TruGreen makes nowarranty orrepresentation ofanykind, expressed orimplied, concerning either products used
orservices performed, including noimplied warranty ofmerchantability orfitness oftheproduct foranyparticular purpose, andnosuchwarranty shall beimplied bylaw, usage oftrade,
course ofperformance, course ofdealing, oronanyother basis.
11. Force majeure. Except forthepayment ofTruGreen’sinvoices owed byyou, ifeither TruGreen oryoushall be prevented ordelayed intheperformance ofany orall oftheprovisions
ofthisAgreement, byreason ofany labor dispute, industry disturbance, delay intransportation, governmental regulatory orlegal action, actofGod orany cause beyond such part’s
control, theobligations hereunder ofsuch party shall be extended foraslongas such cause shall beineffect andanydelay orloss suffered bythe otherparty shall notbechargeable
inanyway tosuch party: provided, however, theother party suffering such cause shall immediately notify theother party ofsuch inability andshall usereasonable efforts toremedy
same with allreasonable dispatch. Ifanyevent offorce majeure should prevent aparty from performing itsobligations under this Agreement foraperiod ofninety consecutive (90)
days, the other party shall have theright tocancel this Agreement upon notice tothe party unable toperform itsobligations.
12. No assignment. You shall nothave the righttoassign this Agreement oragree tothetransfer ofthis Agreement by operation oflaw orotherwise without the prior written consent
ofTruGreen. ThisAgreement shall bebinding upon, and shallinure tothebenefit of, the parties hereto and toanypermitted successors and assigns.
13. Watering, Cultural Practices. The success ofthisprogram depends onproper watering, mowing and cultural practices. Some products used byTruGreen may include label
directions requiring thewatering ofthematerial after application. Ifany ofthese products are used on theproperty, TruGreen willprovide you withwatering instructions following the
application and you agree toassume such watering responsibility. Climate conditions, soilconditions, plant diseases, plant material, andmiscellaneous external factors willimpact
response totreatment. Results fordifficult-to-control diseases will varydepending onenvironment, culture and agronomic programs used ortreatment applied. Treatment fordiseases
mayinclude additional cost. Consult your TruGreen specialist fordetails.
14. Modification ofprogram. Thisprogram consists oflawn care and/ortree and shrub care as indicated above. Specific products, rates ofapplication andmethod ofapplication will
vary with theseason, weather conditions, andthe needs ofyourlawn asdetermined byyour TruGreen specialist. Yourregularly scheduled programs may bemodified depending on
theweather and thecondition ofyour landscape. Theapplication methods and procedures usedtoperform service under this Agreement willbedetermined solely byTruGreen. Your
TruGreen specialist willkeepyouinformed on anymodifications tothisschedule.
15. Insects andBorers. Total insect elimination isnotdesirable withany program because beneficial insects will be lostalong with thetargeted pests. Plants invaded byborers have a
highprobability ofdeath or decline. Sound cultural practices and control applications may extend the lifeofsome plant species. Treatment forboring insects may include additional
cost. Consult your TruGreen specialist withdetails
16. Authorization toprovide Service. TruGreen agrees tofurnish labor andmaterials forpurposes ofthis Agreement and isauthorized byyoutotreat theproperty attheaddress shown
above. Yourepresent and warrant toTruGreen thatyou arethe owner ofsaidproperty, orinthe event that youarenotthe owner oftheproperty towhich thisAgreement applies, you
represent and warrant thatyouhave thelegal authority toexecute andbind theowner ofthe property totheterms andconditions ofthisAgreement.
17. MANDATORY ARBITRATION. Anyclaim, dispute orcontroversy, regarding any contract, tort, statute, orotherwise (“Claim”), arising outoforrelating tothisagreement orthe
relationships among theparties hereto shall beresolved byonearbitrator through binding arbitration administered bythe American Arbitration Association (AAA), under theAAA
Commercial orConsumer, asapplicable. Rules ineffect atthe timetheClaim is filed (“AAA Rules”). Copies oftheAAA Rules and forms can belocated atwww.adr.org, orbycalling 1-
800-778-7879. Thearbitrator’sdecision shall befinal, binding, and non-appealable. Judgment upon the award maybeentered and enforced inanycourt having jurisdiction. Thisclause
ismade pursuant toatransaction involving interstate commerce andshall begoverned bytheFederal Arbitration Act. Neither party shall suetheother party other than asprovided
herein orfor enforcement ofthis clause orofthearbitrator’saward; anysuchsuit may bebrought onlyinFederal District Court forthe District or, ifanysuch court lacks jurisdiction,in
any state court thathas jurisdiction. Thearbitrator, and notanyfederal, state, orlocal court, shallhave exclusive authority toresolve anydispute relating to the interpretation,applicability,
unconscionability, arbitrability, enforceability or formation ofthisAgreement including anyclaim that allorany partoftheAgreement isvoid orvoidable. However, thepreceding sentence
shall notapply totheclause entitled “Class Action Waiver.”
18. CLASS ACTION WAIVER. Any Claim must bebrought intheparties’ individual capacity, and notasaplaintiff orclass member inany purported class, collective, representative,
multiple plaintiffs, orsimilar proceeding (“Class Action”). Theparties expressly waive anyability tomaintain anyClass Action inanyforum. The arbitrator shallnothave authority to
combine oraggregate similar claims orconduct anyClass Action nor make anaward toany person orentity notaparty tothearbitration. Any claim thatallorpart ofthisClass Action
Waiver isunenforceable, unconscionable, void, orvoidable may be determined only byacourt ofcompetent jurisdiction and notbyanarbitrator.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HADARIGHT TOLITIGATE THROUGH ACOURT, TO HAVE AJUDGE ORJURY DECIDE THEIR CASE ANDTO BE
PARTY TO ACLASS ORREPRESENTATIVE ACTION. HOWEVER. THEY UNDERSTAND AND CHOOSE TOHAVE ANYCLAIMS DECIDED INDIVIDUALLY, THROUGH
ARBITRATION.
19. Unless expressly noted otherwise herein, this Agreement andanyinvoice issued byTruGreen pursuant tothe terms hereof, set forth the entire understanding oftheparties, and
supersede any and allproposals, negotiations, representations andprior agreements relating tothesubject matter ofthis Agreement, written orotherwise, including, without limitation
anysales agreement previously executed bythe parties. Totheextent thatany terms set forth inaninvoice should conflict with theterms set forth inthisAgreement, thisAgreement
shallcontrol. Noterms, conditions, orwarranties other than those stated herein orinanyinvoice issued by TruGreen, and noagreements orunderstanding, oral orwritten, inanyway
purporting tomodify these conditions shallbebinding onthe parties hereto unless hereafter made inwriting and signed byauthorized representatives ofbothparties.
20. Thiscustomer service Agreement isonly valid ifaccepted by youwithin 30days ofthedatesubmitted tocustomer.
By: _______________________________________________________________ Date: ______________________
REPRESENTATIVE/GENERAL MANAGER
Print Name: ________________________________________________________ Date: ______________________
AUTHORIZED AGENT/CUSTOMER
Customer Signature: _________________________________________________ Date: ______________________
AUTHORIZED AGENT/CUSTOMER
2023TruGreen L.P. AllRights Reserved 2024-R-5739-OUTOFROW - 2023-10-0418:46:17
1/2/2024
TRUGREEN
LOUISVILLE, KY 40290--1033
110733
PO BOX 9001033
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
359201
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
Matt Higginbotham
83744
2201Department:2201Fund:Motor Vehicle Highway FND
43-504.00Account:
Fertilization1 $239,277.34 $239,277.34Each
239,277.34SubTotal
239,277.34
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 110733
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
1/2/2024
TRUGREEN
LOUISVILLE, KY 40290--1033
110734
PO BOX 9001033
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
359201
UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY
Page 1 of 1
83745
1206Department:101Fund:General Fund
43-504.00Account:
Fertilization1 $6,999.80 $6,999.80Each
6,999.80SubTotal
6,999.80
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. IHEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
CONTROL NO. 110734
ORDERED BY
TITLE
CONTROLLER
Street Department
3400 W. 131st Street
Carmel, IN 46074-
Lee Higginbotham
317) 733-2001
Commissioner
Reviewed/Recommend Approval Clerk 1/3/24 BPW 1/11/24 Center Performing Arts-Adams 1/4/24 OK REI-Brock 1/4/24 OK INFORMATION CPD Horner 1/4/24 CFD Heavner 1/4/24 STREET Armes 1/5/24 ENGINEERING Pease 1/5/24-eRED Brewer 1/4/24SPECIAL EVENT/ FACILITY USE REQUEST FORM
•Must be at least 18 years of age to complete this form.
CONTACT INFORMATION:
Contact Person
Email
Phone Number:
Cell Number:
N11me/Organization:
Address
Organizalion Type:
Meg Gates Osborne
meg@megpromo.com
3175907522
3175907522
The City of Carmel
Street Address
1 Civic Square
Address Line :.!
City
Carmel
Postal I Zip Code
46280
Non-Profit Organization
State I Province I Region
IN
Country
United Slates
Rcsidcncy/1.ocalion: Do you reside or are you locatP.d within the Carmel city limits?
Yes
No
Event/U11i Purpose: Festival of Ice -Ice Sculpting Event
Event Date
1119/2024
Number of People Expected: 1,000
Set-Up Star1 time 01 :00:00 PM
Tear Down End Time .Q7.08.90 PM-mJ d Vl} fk
End Date
CITY OF CARMEL USE ONLY
Approved this __ day of ______ , 2024
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
Sue Finkam, Presiding Officer
Date: ___________ _
Mary Ann Burke, Member
Date: ------------
Lori Watson, Member
Date: ___________ _
ATTEST:
Jacob Quinn, City Clerk
Date
Special Conditions: _________________________ _
Clerk 1/3/24
BPW 1/11/24
Reviewed/Recommend Approval
CPD Horner 12/7/23 STREET Privett 12/7/23
CFD Heavner 12/8/23 ENGINEERING Kirsh 12/11/23
CRED Brewer 12/28/23
CITY OF CARMEL USE ONLY
Approved this __ day of ______ , 2024
CITY OF CARMEL, INDIANA
By and Through its Board of Public Works and Safety
Sue Finkam, Presiding Officer
Date: ___________ _
Mary Ann Burke, Member
Date: ------------
Lori Watson, Member
Date: ___________ _
ATTEST:
Jacob Quinn, City Clerk
Date
Special Conditions: _________________________ _
January 2, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: WAIVER OF BPW RESOLUTION NO. 04-28-17-01 – DUKE ENERGY – 2450 E SMOKY ROW
Dear Board Members:
Duke Energy is requesting a waiver from the City’s Buried Utility District requirements (BPW Resolution No. 04-28-
17-01) to install a new mid-span utility pole. The new pole is needed to provide electric service for new Carmel
High School athletic facilities currently under construction. The new pole is proposed in line with the span of
existing aerial utilities currently serving this area (exhibit attached).
The Department of Engineering, in review of the proposed requested waiver, has determined that the waiver is
valid and recommends approval of the waiver conditioned upon the following:
• The project’s contractor shall comply with the provisions of Carmel City Code 6-227(a)(1), 6-227(a)(8) and
6-227(b).
• Any damage to the existing improvements within the right of way of and City of Carmel roadway shall be
restored to the satisfaction of the City when work is completed.
• Access to all adjoining properties shall be maintained at all times.
• The petitioner acknowledges that this waiver is for the items described above only.
• The petitioner acknowledges that the waiver approved this date does not guarantee approval of any
future waiver requests for this or any other project.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
January 2, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: FLORA ON SPRING MILL - SECONDARY PLAT
Dear Board Members:
Brandon Knox with Onyx and East has requested the secondary plat for the Flora on Spring Mill
Subdivision be placed on the Board of Public Works and Safety agenda for approval and signatures.
The plat has been reviewed and signed by the Department of Community Services and reviewed by the
Department of Engineering with approval. Therefore, I recommend the Board approve and sign this plat.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
ATTACHMENT: MYLAR PLAT
January 2, 2024
Board of Public Works and Safety
One Civic Square
Carmel, Indiana 46032
RE: STORMWATER TECHNICAL STANDARDS WAIVER – CHS POLYTECHNIC - 502 E MAIN STREET
Dear Board Members:
Pete Rankovich, P.E., with TLF Engineers has requested a waiver from the Stormwater Technical
Standards Manual in association with proposed building additions to Carmel High School at 502 E Main
Street (exhibits attached).
The Department of Engineering, in review of the proposed conditions and design standards, has
determined that the waivers requested are valid given the existing site constraints involved with the
project and recommend approval.
Sincerely,
Jeremy Kashman, P.E.
City Engineer
1 | P a g e
December 20, 2023
City of Carmel
Department of Public Works
One Civic Square
Carmel, IN 46032
RE: Carmel High School Polytechnic Building additions and renovation
502 E. Main Street, Carmel, Indiana 46032
PZ-2023-00223 TAC (FHAI Project No. 221165.01, TLF Project No. 2023-119)
On behalf of Carmel Clay Schools and the Project Team we are requesting a waiver from Section
104.02 of the City of Carmel Engineering, Stormwater Technical Standards Manual based on the
attached Flood Routing Map indicating the highest ponding to be below the finished floor elevation of
the proposed and existing buildings, before spilling over to the next watershed area, thus not impacting
the new building addition.
Attached is an updated Flood Routing Exhibit – Sheet G2.1A, dated 12-19-2023 depicting the projected
ponding at storm inlets (100% clogged) within the project area to elevations that would crest over to the
next watershed area (shown by light blue hatching), along with drainage patterns/routing shown by Red
Arrows. A Table of projected ponding elevations for 50% and 100% clogged inlet grates at each inlet
structure are also shown for reference.
As represented in the information noted above, the Finished Floor Elevation (FFE) = 852.88’ (matching
existing buildings). The floor elevation cannot be raised due to interior circulation and exterior egress
and ADA slope requirements. The Flood Protection Grade (MFPG) is 852.91’ based on a 1.0’ freeboard
elevation above the highest cresting elevation (MLAG) = 851.91’ at storm structure ST-102. While the
FFE is approximately 0.03’ under the MFPG requirement providing 1.0’ freeboard above the highest
ponding elevation, the storm water would never enter the building FFE.
We hope you will take this request under consideration and accept this waiver request on behalf of
Carmel Clay Schools and the Project Team, and if you have any question or need additional
information, please feel free to call me at 317-506-6298.
Best Regards,
Pete M. Rankovich
Pete M. Rankovich, P.E. | TLF
3901 W. 86th Street Suite 200 | Indianapolis, IN 46268 | Office: (317) 334-1500 Ext. | Direct Dial: (317) 224-0423
Mobile: (317) 506-6298 | Fax: (317) 334-1552 | : prankovich@tlf-engineers.com | www.TLF-Engineers.com
Attachments: Flood Routing Plan – Sheet G2.1A
Cc: John Thomas, Alex Jordan, Caleb Warner (City of Carmel)
Justen Hochstetler, Willie Hall (Crossroads)
Roger McMichael, Todd Fenoglio, (Carmel Clay School Corp)
Tyler Barker (Skillman)
David Roan, Andy Miller, Gregg Dixon (Fanning Howey)
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RESOLUTION NO. BPW01-11-24-12
RESOLUTION OFTHECITYOFCARMELBOARDOFPUBLICWORKSANDSAFETY
ACKNOWLEDGINGARTS GRANTPROGRAM AGREEMENT
WHEREAS, pursuanttoIndianaCode36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorizedtoenter
intocontracts; and
WHEREAS, pursuanttoIndianaCode36-4-5-3, theCity’smayormayenterintocontractsonbehalfofthe
City; and
WHEREAS, pursuanttoherauthorityunderIndianalaw, theCity’smayor, theHonorable SueFinkam, has
causedtobesignedtheArtsGrantattachedheretoasExhibitA (the “Contract”); and
WHEREAS, MayorFinkamnowwishestopresentthecontracttotheCity’sBoardofPublicWorksand
Safetyforittobepubliclyacknowledged, filedintheClerk’sOffice, andmadeavailabletothepublicforreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmelBoardofPublicWorksandSafetyas
follows:
1. TheforegoingRecitalsareincorporatedhereinbythisreference.
2. ThereceiptoftheContractisherebyacknowledged.
3. TheContractshallbepromptlyfiledintheofficeoftheClerkandthereaftermadeavailabletothepublic
forreview.
SORESOLVED this dayof , 2024.
CITYOFCARMEL, INDIANA
ByandthroughitsBoardofPublicWorksandSafety
BY:
SueFinkam, PresidingOfficer
Date:
Date:
Date:
ATTEST:
JacobQuinn, Clerk
Date:
RESOLUTION NO. BPW01-11-24-13
RESOLUTION OFTHECITYOFCARMELBOARDOFPUBLICWORKSANDSAFETY
ACKNOWLEDGINGARTS GRANTPROGRAM AGREEMENT
WHEREAS, pursuanttoIndianaCode36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorizedtoenter
intocontracts; and
WHEREAS, pursuanttoIndianaCode36-4-5-3, theCity’smayormayenterintocontractsonbehalfofthe
City; and
WHEREAS, pursuanttoherauthorityunderIndianalaw, theCity’smayor, theHonorable SueFinkam, has
causedtobesignedtheArtsGrantattachedheretoasExhibitA (the “Contract”); and
WHEREAS, MayorFinkamnowwishestopresentthecontracttotheCity’sBoardofPublicWorksand
Safetyforittobepubliclyacknowledged, filedintheClerk’sOffice, andmadeavailabletothepublicforreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmelBoardofPublicWorksandSafetyas
follows:
1. TheforegoingRecitalsareincorporatedhereinbythisreference.
2. ThereceiptoftheContractisherebyacknowledged.
3. TheContractshallbepromptlyfiledintheofficeoftheClerkandthereaftermadeavailabletothepublic
forreview.
SORESOLVED this dayof , 2024.
CITYOFCARMEL, INDIANA
ByandthroughitsBoardofPublicWorksandSafety
BY:
SueFinkam, PresidingOfficer
Date:
Date:
Date:
ATTEST:
JacobQuinn, Clerk
Date:
RESOLUTION NO. BPW01-11-24-14
RESOLUTION OFTHECITYOFCARMELBOARDOFPUBLICWORKSANDSAFETY
ACKNOWLEDGINGARTS GRANTPROGRAM AGREEMENT
WHEREAS, pursuanttoIndianaCode36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorizedtoenter
intocontracts; and
WHEREAS, pursuanttoIndianaCode36-4-5-3, theCity’smayormayenterintocontractsonbehalfofthe
City; and
WHEREAS, pursuanttoherauthorityunderIndianalaw, theCity’smayor, theHonorable SueFinkam, has
causedtobesignedtheArtsGrantattachedheretoasExhibitA (the “Contract”); and
WHEREAS, MayorFinkamnowwishestopresentthecontracttotheCity’sBoardofPublicWorksand
Safetyforittobepubliclyacknowledged, filedintheClerk’sOffice, andmadeavailabletothepublicforreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmelBoardofPublicWorksandSafetyas
follows:
1. TheforegoingRecitalsareincorporatedhereinbythisreference.
2. ThereceiptoftheContractisherebyacknowledged.
3. TheContractshallbepromptlyfiledintheofficeoftheClerkandthereaftermadeavailabletothepublic
forreview.
SORESOLVED this dayof , 2024.
CITYOFCARMEL, INDIANA
ByandthroughitsBoardofPublicWorksandSafety
BY:
SueFinkam, PresidingOfficer
Date:
Date:
Date:
ATTEST:
JacobQuinn, Clerk
Date:
RESOLUTION NO. BPW01-11-24-15
RESOLUTION OFTHECITYOFCARMELBOARDOFPUBLICWORKSANDSAFETY
ACKNOWLEDGINGARTS GRANTPROGRAM AGREEMENT
WHEREAS, pursuanttoIndianaCode36-1-4-7, theCityofCarmel, Indiana (“City”), isauthorizedtoenter
intocontracts; and
WHEREAS, pursuanttoIndianaCode36-4-5-3, theCity’smayormayenterintocontractsonbehalfofthe
City; and
WHEREAS, pursuanttoherauthorityunderIndianalaw, theCity’smayor, theHonorable SueFinkam, has
causedtobesignedtheArtsGrantattachedheretoasExhibitA (the “Contract”); and
WHEREAS, MayorFinkamnowwishestopresentthecontracttotheCity’sBoardofPublicWorksand
Safetyforittobepubliclyacknowledged, filedintheClerk’sOffice, andmadeavailabletothepublicforreview.
NOW, THEREFORE, BEITRESOLVED bytheCityofCarmelBoardofPublicWorksandSafetyas
follows:
1. TheforegoingRecitalsareincorporatedhereinbythisreference.
2. ThereceiptoftheContractisherebyacknowledged.
3. TheContractshallbepromptlyfiledintheofficeoftheClerkandthereaftermadeavailabletothepublic
forreview.
SORESOLVED this dayof , 2024.
CITYOFCARMEL, INDIANA
ByandthroughitsBoardofPublicWorksandSafety
BY:
SueFinkam, PresidingOfficer
Date:
Date:
Date:
ATTEST:
JacobQuinn, Clerk
Date:
RESOLUTION NO. BPW 01-11-24-03
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY
OF THE CITY OF CARMEL, INDIANA, APPROVING THE TRANSFER AND
PRESENTATION OF PISTOL AND BADGE
WHEREAS, pursuant to IC 5-22-22-6, the Board of Public Works and Safety of the City of
Carmel, Indiana ("Board"), may transfer to another certain personal property; and
WHEREAS, Officer Harland Jonathon McNair has provided over 20 years of meritorious
service to the Carmel community as a Carmel City Police Officer, and will be retiring on December
15,2023;and
WHEREAS, it has been a long-standing policy and practice of the Carmel Police
Department to present to each of its sworn officers, upon retirement, their badge and firearm.
NOW, THEREFORE, BE IT RESOLVED by the Board, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The following items may be transferred and presented to Officer Harland
Jonathon McNair upon his retirement, at the direction of the Chief of Police:
Officer McNair's Service Weapon, Glock Model 19, 9 mm Pistol and accessories and
Carmel Police Department Badge/marked "Retired."
SO RESOLVED.
Resolution No. BPW 01-11-24-03
Page One of Two Pages
This Resolution was prepared by Jon Oberlander, Cannel Corporation Counsel, on 12/19/2023 at 11 :49 AM. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
PASSED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
__ day of ________ , 2024, by a vote of ____ ayes and _____ nays.
CITY OF CARMEL, INDIANA By and through its Board of Public Works and
Safety ("Board")
By: ______________ _ Sue Finkam, Presiding Officer
Date: -----------------
Mary Ann Burke, Member
Date: ________________ _
Lori Watson, Member
Date: ________________ _
ATTEST:
Jacob Quinn, Clerk
Date: -----------------
Resolution No. BPW 01-11-24-03
Page Two of Two Pages
This Resolution was prepared by Jon Oberlander, Cannel Interim Corporation Counsel, on 12/19/2023 11:49 AM. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
RESOLUTION NO. BPW- 01-11-24-01 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPOINTING SPECIAL POLICE OFFICERS WHEREAS, the Facilities Security Specialists (“FSSs”) are retired police officers serving as civilian
employees of the Carmel Police Department and are employed to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and
WHEREAS, Indiana Code § 36-8-3-7 grants the City of Carmel Board of Public Works and Safety (the “Safety Board”) authority to “appoint and swear an additional number of special police officers … to do special duty within the city” (“Special Police Officers”); and WHEREAS, Indiana Code § 36-8-3-7 further provides that Special Police Officers shall only have those powers, privileges, and duties assigned to them by the Safety Board and only while fulfilling the specific responsibilities for which the appointment is made, must wear a uniform that is easily distinguishable from uniforms for state and local law enforcement agencies, and may be removed by the Safety Board at any time without notice and without cause; and WHEREAS, Special Police Officers under Indiana Code § 36-8-3-7 are specifically exempted from the basic
training requirements for a law enforcement officer under Indiana Code Chapter 5-2-1; and WHEREAS, in order to better balance resources, improve economic efficiency, and provide greater peace,
safety, protection, and security to the City’s real property, including on-premises employees and/or occupants, the Carmel Police Department requests that the Safety Board appoint and swear FSSs John Towle, Todd Clark, David Strong, Andrew Gerdt, Michael Dixon, and Charles Harting as Special Police Officers to maintain the peace, safety,
protection, and security of City of Carmel real property and any on-premises employees and occupants; and WHEREAS, the Safety Board, pursuant to its authority under Indiana Code § 36-8-3-7, now desires to appoint and swear FSSs John Towle, Todd Clark, David Strong, Andrew Gerdt, Michael Dixon, and Charles Harting as Special Police Officers for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. FSS John Towle is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the
following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, John Towle shall:
(i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms for state and local law enforcement agencies;
(iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and (v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, John Towle shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday;
(ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and
(iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) John Towle shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever occurs first.
Section 3. FSS Todd Clark is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Todd Clark shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and
(v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Todd Clark shall be empowered to:
(i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday;
(ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) Todd Clark shall continue his appointment as a Special Police Officer until the Safety Board removes his appointment or until he is no longer employed by the City, whichever occurs first. Section 4. FSS David Strong is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, David Strong shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and
(v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, David Strong shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and
(iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) David Strong shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever occurs first.
Section 5. FSS Andrew Gerdt is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the
following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Andrew Gerdt shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and (v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Andrew Gerdt shall be empowered to:
(i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday;
(ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and
(iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) Andrew Gerdt shall continue his appointment as a Special Police Officer until the Safety Board removes his appointment or until he is no longer employed by the City, whichever occurs first.
Section 6. FSS Michael Dixon is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Michael Dixon shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and
(v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Michael Dixon shall be empowered to:
(i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants.
(c) Michael Dixon shall continue his appointment as a Special Police Officer until the Safety Board removes his appointment or until he is no longer employed by the City, whichever occurs first.
Section 7. FSS Charles Harting is hereby appointed, under Indiana Code § 36-8-3-7, as a Special Police Officer for the City of Carmel for the limited purpose of maintaining the peace, safety, protection, and
security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Charles Harting shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS uniform that shall remain easily distinguishable from uniforms for state and local law enforcement agencies; (iii) Remain an at-will employee of the Carmel Police Department; (iv) Obey the rules of the Carmel Police Department; and (v) Be subject to the Police Chief. (b) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Charles Harting shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from
his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real
property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants.
(c) Charles Harting shall continue his appointment as a Special Police Officer until the Safety Board removes his appointment or until he is no longer employed by the City, whichever occurs first. Section 8. All above appointed individuals must take the Oath of Special Police Officer, as set forth under Attachment 1 of this Resolution.
[The remainder of this page is left intentionally blank]
SO RESOLVED by the City of Carmel Board of Public Works and Safety, this 3rd day of January 2024.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By: Sue Finkam, Presiding Officer Date: Mary Ann Burke, Member Date:
Lori S. Watson, Member
Date: ATTEST:
Jacob Quinn, City Clerk Date:
Attachment 1 OATH OF SPECIAL POLICE OFFICER
I, ____________________________, do solemnly swear
that I will support the Constitution of the United States
and the Constitution of the State of Indiana,
and that I will faithfully and impartially discharge my duties
as a Special Police Officer of the City of Carmel, Indiana,
according to the law and the best of my ability,
so help me God.