Nelson Alarm Company/Util
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,~ ,J'leiSbn Alarm Company
'Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P,O, # 16827
Contract NotiTo Exceed $540,00
~lvadlf O'S. Ie. .07. 0 I
APPROVfDytTO
FORM BY:
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is hereby made and
entered into by and between the City of Carmel, Indiana, acling by and through its Board of Public Works
and Safety (hereinafter "City"), and Nelson Alarm Company (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infTastructure; and
WHEREAS, from time to time, City needs professional assistance m fulfilling its foregoing
responsibilities; and
WHEREAS, Professional IS experienced in providing and desires to provide to City the
professional services ("Services") referenced herein; and
,..
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION] .
INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2.
SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in "
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's.-"uthorization
documents for the purchase of additional Services shall be numbered and attached hereto-in the
order in which they are approved by City. ~
2.3 Time is of the essence of this Agreement.
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Nels"n Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
SECTION 3.
CITY'S RESPONSIBILITIES
3.1 City shaU provide such information as is reasonably necessary for Professional to understand the
Services requested.
3.2 City shaU provide aU data required for provision of Services. Professional may assume that aU
data so provided is correct and complete.
3.3. City shaU arrange for Professional to enter upon public and private property as reasonably required
for Professional to perform the Services.
3.4 City shaU designate payment of the Services from City budget appropriation number 1205-509
funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on aU
matters regarding the Services.
SECTION 4.
PROFESSIONAL'S RESPONSIBILITIES
4. I Professional shall perform the Services pursuant to the terms of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shaU coordinate with City its performance of the Services.
4.3 Professional shall provide the Services by foUowing and applying at aU times reasonable and
lawful standards as accepted in the industry.
SECTION 5.
COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shaU be
no more than Five Hundred Forty DoUars ($540.00) (the "Estimate"). Professional shaU submit
an invoice to City no more than once every thirty (30) days for Services provided City during the
time period encompassed by such invoice. Invoices shall be submitted on a form containing the
same information as that contained on the Professional Services Invoice attached hereto as Exhibit
B, incorporated herein by this reference. City shaU pay Professional for all undisputed Services
rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same,
or be subject to a late charge of one percent (I %) of such unpaid and undisputed invoice amount
for each month same remains unpaid.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
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Nels6lO Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
SECTION 6.
TERM
Unless othelWise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2007, and shall, on the first day of each January thereafter, automatically renew for a period of one
(1) calendar year, unless othelWise agreed by the parties hereto.
SECTION 7.
MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's "Notice
To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Partv Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and/or obligations as they become due. Professional hereby warrants
and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by
City as a result of any claim for wages, benefits or othelWise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
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Nels~n Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because of any injury to or destruction of property, including, but not limited to,
any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing,
City shall have the right to payor bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; ( c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all'losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the termination
of this Agreement.
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Nelson Alarm Company
Utilities Deparnnent ~ 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
7.9 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and
agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and/or any of its employees, agents or contractors in the performance of
this Agreement. This indemnification obligation shall survive the termination ofthis Agreement.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and/or other person in the subcontracting of work and/or in the
performance of any Services contemplated by this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work performance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive the termination of this Agreement.
7.11 Severabilitv.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
that can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY:
City of Carmel
Department of Administration
One Civic Square
Carmel, Indiana 46032
ATTENTION: Stephen Engelking
Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, Indiana 46032
PROFESSIONAL:
Nelson Alarm Company
2602 East 55th Street
Indianapolis, IN 46220
ATTENTION:
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Nelson Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exerclsmg or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
7.16 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Reoresentation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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Nelson Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed S540.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be performed
by Professional or under his supervision and all personnel engaged in the work shall be fully
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment ofProiect
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City's organization.
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Nelson Alarm Company
Utilities Department - 2007 Fire Alarm Monitoring
Appropriation # 1205-509; P.O. # 16827
Contract Not To Exceed $540.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
NELSON ALARM COMPANY
BY:
l.-/UJt ~1{)-e4-
James Brainard, Presiding Officer
ate;
~c:~
Authorized Signature
Printed Name: \)~~ E ~SJ0
Title: ~
FlD/TIN: '17'- fA ~Z-t/(
Lori S.
Date:
SSN ifs~rZ(etor:
Date: ("\)7
Diana Cordray, I~ %k-Treasurer
Date: ~ '/
/ /
dra M. Johnson,
Deputy Clerk for
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EXHIBIT B
Invoice
Date:
Name of Company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
" .'
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability
Statutory Limits
Employer's Liability:
Bodily Injury by AccidentlDisease:
Bodily Injury by Accident/Disease:
Bodily Injury by AccidentlDisease:
$100,000 each employee
$250,000 each accident
$500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations):
Products/Completed Operations:
$500,000
$500,000
Personal & Advertising Injury
Policy Limit:
Each Occurrence Limit:
Fire Damage (anyone fire):
Medical Expense Limit (anyone person):
$500,000
$250,000
$250,000
S 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit:
Injury and property damage:
Policy Limit:
$500,000 each accident
$500,000 each accident
$500,000
Umbrella Excess Liability
Each occurrence and aggregate:
Maximum deductible:
$500,000
$ 10,000
NELSON ALARM COMPANY
2602 East 551h Street, Indianapolis, IN 46220
Sales-Service: 317-255-2125 Fax: 317-253-8802
NelsonAlarm.Com
Commercial Alarm Sales Agreement
Customer Name: Donald Swails Jr. Fire Station
Address: 210 S. 1'" Ave. N.W.
City, State, Zip: Carmel, IN.
Customer authorizes Contractor to install the following security systems:
[81 Alarm System D Digital Communicator [81 Monitoring 0 Maintenance
1- Install one Honeywell Vista 32FB control panel with slandbyt power supply
2- Install one Honeywell B1BOR fire keypad
3- Install three pull stations
4. Install two horn/strobes (one each bay)
5-lnstallthree strobe only (l-restroom, 1-2"' fi and l-basement)
6-lnstall three heat detectors (1- north bay, 1- south bay and 1- basement)
7- One AES long range radio backup for monitoring
8- Yearly fire alarm inspections
Date:
Phone:
Other:
4/2/07
[8J Back-up Signal Transmitter
Customer Agrees to pay the Contractor (sales tax not included) For installation & sale of system:
Total Price $ 3150.00 plus sales tax, payable 0% at signing, with the balance due upon completion.
For central station monitoring $ 45.00 per month, payable 12 months in advance.
Options: Back~up signal transmitter Accept 1:81 Decline 0
Fire Detection: Accept I8J Decline 0
The Term of this Agreement is 60 months from the dale of installation completion and from )"ear to year thereafter. Allhe end orlhe original term or any year thereafter. either pany
may tenninate the Agreement with a 30 day ",TiUen notice. After one year from the dale of this Aj,'Teemenl. Conlractor may adjust the monthly central monilOring station charge by an
amount not to exceed 3%. per year.
Connection: The panics agree that the Customer will be responsible for the payment of any fees or fines imposed by governmental agencies relating to the use of the alarm system
specified in Ihis Agreement. including alarm permit or license fees. and for providing any necessary AC power and electrical outlelS.
limib or Contractor's Liability. The parties agree Ihat the Customer retains the sole responsibililY for the life and health of persons in the protected premises and for protecting against
propeny losses or losses due to personal inju!)' in the prOlected premises relating both to his own personal propeny or to thai of others. II is therefore agreed that Contractor is nOI
responsible for personal inju!)' or other losses which are alleged to be caused by the improper operation of the system, whether due to defects in the system or acts or omissions of the
Contractor in receiving and responding to alarm signals. The panies further agree that the Contractor is nOl an insurer and Ihat insurance, if any, covering such personal injury and other
losses be obtained by Customer. If, not withstanding Ihe above ab'Teemenls, there should arise any liability on the part o1'tl1e Contractor, such liability shall be limited to an amount equal
to six limes Ihe monthly charge provided above or $250, whichever is greater.
~O WARRANTY. THE CONTRACTOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, INCLLTDlI\'G ANY IMPLIED WARRANT OF
MERCHANTABILITY OR FITSESS, THAT THE SYSTBf OR SERVICE SUPPLIED YlAY :'IiOT BE COMPRO\USEO, OR THAT THE SYSTEM, OR SERVICES
WILL IN EVERY CASE PROVIDE THE PROTECTION FOR WHICH IT IS INTENDED.
Assil:J1ment, The Contractor may assign this Agreement upon mailing ....Tillen notice to the Customer.
Contractor's Duty. If the alann system is connected to the Contractor's Central Station. upon receipt of an alann signal from the Customer's premises requiring police response or fire
authority response, Contractor, at its sole discretion. may endeavor to contact by lelephone the Customer and'or his designated representatives as indicated in writing by the Customer on
the emergency conl3ct list. to verify that the alann is not false prior to notifying the appropriate law enforcement agency or fire department. It is the Customers responsibility to keep the
emergency contact list current and up to date. '
Customer's Duty. The Customer assumes the responsibility to test the system monthly to verify operation of the system. II is funher understood that the responsibility of the
replacement of batteries in the detection transmitters is the responsibility of the Customer. Contractor may do battery replacement upon request from the Customer. on a time and
material basis. It is the responsibility ohhe customer to nolify the Contractor in writing in the event that there is a change in location phone numbers. local telephone service pro\;ders, or
emergency contacts. Any claim by Customer of improper installation or a defect in the system shall be made in writing to the Contractor within 30 days of installation completion.
False Alarms. lfthe Contractor or Customer is assessed any fine or ~nalty as a result of a false alarm, cuSlOmer shall be responsible for that charge.
Default. In the event Customer defaults by failure to make any payment as agreed herein, lhe Contractor may tenninate the Agreement. Customer will pay the full monitoring charges
up to the date of the cancellation, plus one half of Ihe remaining balance of the Agreement period, both of which shall become immediately due and payable. Customer shall be
responsible for the payment of any attorney or collection fees incurred by Contractor in the collection ofCuslomcr's account.
Entire Agreement. It is agreed to and understood by the parties that this Agreement, illcludlllg the provisions on the back of this page, constitutes the entire agreement between the
parties and supercedes and replaces all other prior understandings or agreement related to the premises covered by the Agreement. This agreement may not be changed, modified, or
varied except by ....Titing and signed by an authorized representative of Contractor. This A~,'Teement shall not become binding on the contractor until approved by Contractor's
Management as provided below.
Customer hereby lIcknowledges fhat (s)he has read and understands the entire Agreement, including the terms and conditions on tbe back or this page.
Approved By
Date
CU~
By ~j? A~
t::e~, ~~ Date~
A f(l "
"EXHIBIT
NELSON ALARM
Written By
Dan Nelson
Date _4/2/07
City. of CarmeJl
INUIANA Ht:.l AIL I AJI. t:AI::Mt-' I
CERTIFICATE NO. 003120155 002 0
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
35.60000972
THIS NUMBER MUST APPEAR ON INVOICES, Ail
VOUCHER, DELIVERY MEMO. PACKING SLIPS
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ONE CIVIC SQUARE
CARMEL, INDIANA 46032.2584
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DATE REQUIRED
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AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
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PAYMENT
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SHIPPING INSTRUCTIONS
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