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244251 04/15/15 CITY OF CARMEL, INDIANA VENDOR: 114000 J.. ONE CIVIC SQUARE GRAYBAR ELECTRIC CO, INC CHECK AMOUNT: $'.•'`1 827 22• CARMEL, INDIANA 46032 12431 COLLECTIONS CENTER DRIVE CHECK NUMBER: 244251 CHICAGO IL 60693 CHECK DATE: 04/15/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4350000 977349774 1,076.40 EQUIPMENT REPAIRS & M 601 5023990 977469861 750.00 OTHER EXPENSES 1093 4350000 978088949 59.26', EQUIPMENT REPAIRS & M 1093 4350000 978121654 -1,076.40 EQUIPMENT REPAIRS & M 1093 4350000 978121655 1,017.96 EQUIPMENT REPAIRS & M QU�SonsPiase`Call 'r Ernkik' t! Remit To: 12431 COLLECTIONS CENTER DRIVE - a ... CHICAGO IL 60693-2431 317-821-5700 or ARQuestions0graybar.com INVOICE Invoice No: 977349774 MB 01 001350 71804 B 6 B Invoice Date: 02/16/2015 ....II'IIIIIIIIIIIIIII...III�II'I'lll� Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST — CARMEL IN 46032-7611F- Shipto: RECREATION 015 CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 - - ---- --- - - - - Page 1 of-t- - - - — - - Order No:38084 SO#:350326889 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8001615017 1Z6A3R960320024306 I UPS 02/16/2015 IZONE-YOUNGSTOWN,01­1 S/P-F/A a Quantity Catalog#/Description Unit Price / Unit Amount 12 EC3DT4MWKU2S LUTRON ELECTRONICS CO 89.70 / 1 1076.40 ECOSYSTEM BALLAST-3W/DALI Terms of Payment Sub Total 1076.40 Freight 0.00 Net 30 Days Handling 0.00 As a condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/2%or the maximum permitted by law may be added to all accounts not paid Total Due 1076.40 by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. m 0 0 Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INC. TERMS AND CONDITIONS OF SALE. 1. ACCEPTANCE OF ORDER;TERMINATION=Acceptance of any order is subject to credit approval and acceptance of order by Graybar Electric Company,Inc.(°Graybar')and,when applicable,Graybar's suppliers.If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar, Graybar reserves the right to terminate upon notice to Buyer and without liability to Graybar. 2. PRICES AND SHIPMENTS–Unless otherwise quoted,prices shall be those in effect at time of shipment,which shall be made F.O.B.shipping point, prepaid and bill. 3. RETURN OF GOODS–Credit maybe allowed for goods returned with prior approval A deduction may be made from credits issued to cover cost of handling- 4. TAXES–Prices shown do not include sales or other taxes imposed on the sale of goods.Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar for any such tax or provide Graybar with acceptable tax exemption certificate. 5. DELAY IN DELIVERY–Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers,. and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipmentordelivery. 6. LIMITED WARRANTIES– Graybar warrants that all goods sold are free of any security interest and Will make available to Buyer all transferable warranties(including without limitation warranties with respect to intellectual property infringement)made to Graybar by the manufacturer of the goods. GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR, PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE IN OR _ IN_CONNECTION Vi(ITH_(1)ANY_SAFETYAPPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR (2) IN A HEALTHCARE APPLICraTION,WHERE-THE-GOODS-HAVE POTENTIAL F-OR-DIREC_T_PATIENT CONTACT OR WHERE ASIX(6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED ATALL TIMES. _ — 7. LIMITATION OF LIABILITY–Buyers remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to Graybar,a copy of which will be furnished upon written request. Furthermore,Graybar's liability shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybar's option,and IN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL,.SPECIAL,OR CONSEQUENTIAL DAMAGES. In addition,claims for shortages,other than loss in transit,must be made in writing not more than five(S)days after receipt of shipment. 8. WAIVER–The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or rights in the future,nor shall it be deemed to be a waiver of any other term,condition, or right under this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS–These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change,modification,rescission, discharge,abandonment, orwaiver of these terms and conditions shall be binding upon Graybar unless made inwriting and signed on its.behalf by a duly authorized represen- tative of Graybar.No conditions,usage of trade,course of dealing or performance,understanding or agreement,purporting to modify,vary,explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound.Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof.if thisdocument shall be deemed an acceptance of a prior offer by Buyer,such acceptance is expressly conditional upon Buyer's assent to any additional or different terms set forth herein. 10- REELS–When Graybar ships returnable reels,a reef deposit may be included in the invoice..The Buyer should contact the nearest Graybar service location to return reels. 11. CERTIFICATION–Graybar hereby certifies that these goods were produced in compliance with all applicable requirements of Sections 6,7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. This agreement is subject to Executive Order 11246,as amended,the Rehabilitation Act of 1973,as amended,the Vietnam Veterans'Readjustment Assistance Act of 1974,as amended,E.O.13496,29 CFR Part 471,Appendix A to Subpart A,and the corresponding regulations,to the extent required by law.41 CFR 60-1.4,60-741.5,and 60-250.5 are incorporated herein by reference,to the extent legally required. 12. FOREIGN!CORRUPT PRACTICES ACT–Buyer shall comply with applicable laws and regulations relating to anti-corruption,including,without limita- tion,(i)the United States Foreign Corrupt Practices Act(FCPA)(15 U.S.C.§§78dd-1,et.seq.)irrespective of the place of performance,and(if)laws and regulations implementing the Organization for Economic Cooperation and Development's Convention on Combating Bribery of Foreign Public Officials in Intemational Business Transactions,the U.N. Convention Against Corruption,and the Inter-American Convention Against Corruption in Buyer's country or-any country where performance of this agreement or delivery of goods will occur. 13. ASSIGNMENT–Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment,without such consent,shall be void. 14. GENERAL PROVISIONS–All typographical or clerical errors made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shall be governed by the laws of the State of Missouri applicable to contracts to be formed and fully performed within the State of Missouri,without giving effect to the choice or conflicts of law provisions thereof.All suits arising from or concerning this agreement shall be filed in the Circuit Court of St.Louis County,Missouri,or the United States District Court for the Eastern District of Missouri,and no.other place. unless otherwise determined in Graybar's sole discretion.Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof. 15. EXPORTING–Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations; or orders. Buyer agrees to comply with all such laws, regulations,and orders, including, if applicable,all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act,as may be amended.Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government z requires an export license or other supporting documentation at the time of export or transfer,unless Buyer has obtained prior written authorization o from the United States Office of Export Control or other authority responsible for such matters. o N 1243-1 COLLECTIONS CENTER-DRIVE -,. ::.< 3<z..:. r.:;<.< w-: ::>. ::.:`:.na*..,.` 4;• .. ::>, Renit7o: 317-821-5700 or ARQuestions0 rayba%com CHICAGO IL 60693-2431 g- INVOICE Invoice No: 978088949 MB 01 002269 04933 B 9 C Invoice Date: 03/31/2015 ����Ill�ll��lf�'I'I'lll"IIII�III�II�'III'I'1'III��III���LI�I1�1 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY.PARKS&_ 1411 E.116TH ST RECREATION CARMEL IN 46032-7611 FRIE APR 0 6 2015 Y� Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 - — - - - - Page 1 of 1 Order No:XX-1902 . SO#:350798413 Del.Doc.-#t PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8002248154 GRAYBAR TRUCK 103/31/2015 _ INDIANAPOLIS,IN S/P-F/A Signed For By:, JIM RANSFORD mo Unit Aunt / == Quantity Catalog#/Description Unit Price 8 661S COOPER CROUSE-HINDS 0.33 / 1 2-64 =_- 3/4 STL COMP EMT CPLG 10 651S COOPER CROUSE-HINDS 0.28 / 1 2.80. 3/4 EMT CMP CONN 2 821 COOPER CROUSE-HINDS 3.94 / l 7.88 3/4 RGD:TO RGD GSKT PULLEL 2 TP7150 COOPER CROUSE-HINDS 6.65 / 1 13.30 4-IN RND WP BOX W/4 3/4 16 1B COOPER CROUSE-HINDS 0.29 / 1 4.64 3/4 COND HANGER W/BOLT 70 3/4-EMT GENERIC VENDOR-TUBPA 0.40 / 1 28.00 STEEL THINWALL CONDUIT Terms of Payment Sub Total 59.26 Freight 0.00 Net 30 Days Handling 0.00 Asa condition of the sales agreement,a monthly service charge of the lesser of Tax _ 0.00 --1 % -1/2or-the-maximum-permitted,by-taw-rhay-be-addedto-all-accounts-notpaid Total-Due-- - - -58:26- by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. Subject to standard terms and conditions on the reverse side. GRAYEAR ELECTRIC COMPANY,INC. TERMS AND CONQI.TIONS OF. SALE. I ACCEPTANCE OF ORDER;TERMINATION-Acceptance,of:any order is subject to credit approval and acceptance of orderby Graybar Electric Company;lnc.(Graybar}and,tiller applicable;Graybar's suppliers. Ifcreditof the bUVer of the goods P BLiver")be�comes Unsatisfactbry to Gravbar V Gr6ybar reserves the right to terminate Upon notice to Buyer and without liability to Graybar, 2. PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall:be those in effect at time of shipment,which shall be made:F.O.B.shipping point, prepaid and bill. 3. RETURN OF GOODS-Credit may be allowed for goods returned with prior.approval..A deduction may be made from credits issued to cover cost of handling, 4. TAXES-Prices shown d.o not include sales orother taxes imposed on the sale of goods,Taxes now orliereafter imposed:upon sales or shipments will be added to the purchase price.Buyer agrees to.reimburse Graybar for any such tax or provide Graybar'with acceptable tax exemption certificate. 5.. DELAY IN DELIVERY"Graybar:is not to:be accountable for delays elays in delivery occasioned byacts-of God,failure of.Its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable control.Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar beliable for any consequential or special damages arising from any delay in shipment of delivery. 6. LIMITED WARRANTIES _Graybar warrants that.all goods sold are free of f any security interest and will make available to Buyer all transferable warranties(including without limitation warranties with respect.to intellectual property infringement}:made to Graybar by the manufacturer of the goods. GRAYBAR.MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARPANTIES OF MERCHANTAB(LITY AND riTN583.FOR.PURPOSE..UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYbAR,PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE.IN:OR IN CONNECTION t/WTH (1).ANY SAFE TY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR FACiLITY, OR(2)IN A HEALTHCARE APPLICATION,WHERE-THE.GOODS HAVE-POTENTIAL.FOR-DIRECT-PATIENT CONTACT OR WHERE A 81X(6)FOOT-CLEARANCE.FROM-A PATIENT CANNOT BE MAINTAINED ATALL TIMES, 7. LIMITATION OF LIABILITY-Bupaet remedies Under this agreemeht are subject to any limitatibris contained in Manufacturers terms and conditions to Graybar,a copy of which will be furnished upon written request.Furthermore,Graybar's liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all Graybar's option,and.IN ISHALL NO CASE SHAL GRAYBAR.BE LIABLEFOR . OR INC.IDENTA.L,SPECIAL,OR CONSEQUENTIAL DAMAGES.In addition,claims for shortages,otherthan lost in transit,must be made in writing not more than five(5)days after receipt of shipment. 8.- WAIVER-The failure of Graybar to insist upon the'performance-of any of the terms or conditions of thisagreementor toexerciseany right hereunder shall not tie deemed to be a waiver of such terms,conditions,or rights In the future,nor shall it be deemed to be a waiver of any other term,condition., or rightunder this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions supersede ail.other-communications-,negotiations, and pri I or-oral. or written statements:regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge,'abandonment, or waiver of these terms and conditions.shall be:binding upon Graybar unless made in writing andsigne.d.on its.behalf by a duly authorized represen- tative of Graybar.No conditions,usage:of.otrade,course dealing of or performance,understanding.or agreement,._purporting to modify,vary,explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound.Any Proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof.If this document shall be deemed an.acceptance of a prior offer by Buyer,such acceptance-is expressly conditional upon Buyer's assent. t to any additional or different terms set forth herein. 10. REELS-When Graybar ships returnable reels,areal deposit may be includedin the invoice.The Buyer should contact the nearest Graybar service location to return reels. 11. CERTIFICATION-Graybar hereby certifies that these goods were produced in compliance vVith all applicable requirements of Sections 6,.7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and orders of the United States Department of1abor issued under Section 14 thereof. This agreement is subject tip Executive Order I I Mj:as amended,the Rehabilitation 073,as amended,the Vietna s�Readjustment I ..n. tion Act of 1, �e .e .m Veteran �a Assistance Act of 1974,as amended,L.O..18498,29 CPR Par!471,Appendix.A.to Subpart A,and the corresponding regulations,to the extent 1equired. by law.41 CFR 604.4,60-741.5i and 60-250.5 are incorporated herein by reference,to the extent legally required. ---1'2.—FOREIGN-CORRU.P-T-PRAC-TIGES ACT-Stayer--shall co.rpply-with-applicablo fai4v$and,regulaltiQns relating to anti-corruption,including,without limita- tion,(i)the United led States Foreign Corrupt Practices Act(FCPA)(15 t1-S.C.§ 78dd-1,et.seq.)irrespective.of the place otperformance,and(ii)laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention*on,Combating Bribery of Foreign Public Officials in International.Business Transactions,the Q,N..Convention Against Corruption,and the Inter-American Convention Against Corruption:in Buyer's country or-any country where performance of thisagreement or delivery of goods will.occur. 13. ASSIGNMENT.- shall not assign its rights of delegate:its duties heieunder or any interest herein without the prior written consent of*Graybar, and any such assignm6nt,without such consent,shall be void. 1.4. GENERAL PROVISIONS-All typographical or clerical errors made by Graybar in any quotation,acknowl6dgment or publication are subject to correction.This agreement shall be governed by the laws ofthe State of Missouri applicable to contractstobeformedand fully perf6tmed-within the State:of Missouri,without ghring.effieot to the choice or conflicts of fav provisions thereof.Ail suits arising from or concerning this agreement shall be filed in the Circuit Court of St.Louis County,Missouri,or the:United States District Court for the Eastern District of Missouri,and no-other place unless otherwise determined in Gfaybars tole discretion.Buyer hereby irrevocably cahsents to the jurisdiction of such court of courts and agrees to appear In any such action upon written notice thereof.. 15. EXPORTING-Buyer acknowledges that this order and the performance thereofere subject to compliance With any and all applicable United States laws, regulations, or orders, Buyer agrees to comply with all such laws, regulations,and Orders,including, if applicable,all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act,as May be amended.Buyer further agrees that if the export.lawsare G) applicable,it Will not disclose or re-export any technical data received'under this order to any countries for which the United States government Em! requires an.export license or other:supporting documentation at-the time of export or transfer,unless Buyer has obtained prior Written authorization < 9 from the United States Office of Export Control or other:authority responsible for such matters. C,.I Remit To: 12431 COLLECTIONS CENTER DRIVE F•<.� «.•••>-•• -:•�-:mss•>,._:y<.,,:,<,.,�.� • � !y/. Gr cVbaR CHICAGO IL 60693-2431 317-821-5/00 or ARQuestions(a-)graybarcom "''"��_�,vv^^'- INVOICE Invoice No: 978121655- Invoice Date: 04/02/2015 Account Number: 0000414887 Account Name: CARMEL CLAY PARKS& RECREATION i ��„.��5�`\•:,��•-��\ ��'>a\•'�,\\\�.i�-�. ,,;:„�xx;�a.\� Axa�3;�� APR 0 6 2015 Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 - --— Page i-of 1 Order No:38084 SO#:702227748 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 0702227748 ZONE-YOUNGSTOWN,OH Quantity Catalog#/Description Unit Price / Unit Amount _ 12 EC3DT4MWKU2S LUTRON ELECTRONICS CO 84.83 / 1 1017.96 ECOSYSTEM BALLAST-3W/DALI Terms of Payment Sub Total 1017.96 Freight 0.00 Net 30 Days Handling 0.00 As a condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/20/6 or the maximum permitted by law may be added to all accounts not paid Total Due 1017.96 by net due date.Visa,MasterCard,American Express,and Discover credit cards ORIGINAL INVOICE#0977349774 N are accepted at point of purchase only_ a ti m 0 0 Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INC. TERMS AND CONDITIONS OF SALE 1 ACCEPTANCE OF ORDER;TERMINATION—Acceptance ofany order is subject to credit approval and acceptance of order by Graybar Electric Qorno.any;:lnc.('Gfaybqr)and,When applicablej Graybar't$UP.pliers.if credit of the buyer of the good "Buyer' beto cisn fisfa:toffy 0 S8 �y to Graybar, Graybar reserves the right to terminate upon notice tb Buyer and without liability to Graybar, 2. PRICES AND'SHIPMENTS-Unless otherwise quoted,prices shalt be those in effect it time of shipment,which shall be mai:16:17.0.13.shipping point, prepaid and bill. S. RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling. 4. TAXES-Prices shown do not-include sales or other taxes imposed on the sale of goods,Taxes now or Iltreafter imposed upon sales-or shipments will be added to the purchase price.Buyer agrees to reimburse Graybar for any such tax or provide Graybar with acceptable tax exemption certificate. 9.. DELAY 1N DELIVERY�Graybar-is not to,.be accountable for delays in delivery occasioned by acts of God,failure of.its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable control.Factory shipment or delivery dates are the bast estimates of our suppliers, and In no case shall Graybar be liable for any cons6qUential or special damages arising from any delay in shipment of delivery. 6.. LIMITED WARRANTIES_ Graybar warrants that.ail goods sold are free of any security interest and will make available to Buyer all transferable warranties(including without limitation warranties with respect to intellectual property infringement)-made,to Graybar by the manufacturer of the goods: GRAYBAR MAKES NO OTHER:EXPRESS OR IMPLIED WARRANTIES,AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT.,joT LIMTED TO THE IMPLIED WARPANTIFS OF fv1EIRGHANTA81LITY AND FITNESS.FOR,PURPOSE..UNLESS OTHF-RO88 AOREED IN WRITING BY AN-AUTHORIZED REPRESENTATIVE OF GRAYBAR,PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE.IN OR IN CONNECTION VVITH (1)ANY SAFETY APPLICATION OR THE-dONTMINMENTAREA 7OFA-MUCLEAR FACILITY,-OR(2) IN A HEALTHCARE_ APPLICATION,WHERE.T14E.GOODS HAVE POTENTIALTOR DIRECT PATIENT CONTACT OR 16HERE A-SIX(6)FOOT CLEARANCE.FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES.. 7. LIMITATION OF LIABILITY-guyieles remedies Under thitagrdeffient are subject to any iinliteions contained in mahufactuter's terms and conditions to Graybar,a copy of which will befurnished upon written request.Furthermore,Graybaris liabllityishall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybar's option,and IN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES. in addition,claims for shdrbag6$,other than loss in trahsit,must be made in writing hot rilbee trian five(5)days after receipt of shipment. 8.. WAIVER-The faffure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or rights In the future,nor shall it be deemed to be a waiver of any other term,condition, ..or richtunder this agreement. I. 9. MODFICATiON OF TERMS AND CON.D1.TIO.NS-These terms and conditions supersede ail other-communications;negotiations,and pribr-oral or'written statements regarding the subject Matter of these terms and conditions. No change,modification,rescission, discharge,abandonment, or.,waiverof these terms and conditions.shall be:binding upon Graybar unless made in writing and signed.on itabehalf by a duty authorized represen- tafive of Graybar.No conditions,usage:of.trade,course of dealing or performance,understanding. Ing or agreement,purporting to modify,vary,explain, Or sUpplement these terms and conditiorisshall!be binding univess hereafter rhade in AUri.ting and signed by the party to be bound.Any'proposed modifications or additional terms are specifically rejected and deemed a materialalteration hereof.If this document shall be deemed art acceptance of prior offer by Buyer,such acceptanceIsexpressly conditional upon Buyer's assent to any additional or different terms set forth herein. 10. REELS-VIhen Graybar ships returnable reels,areel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service ice location to return reels. 11. CERTIFICATION-Graybar hereby certifies that these goods were:produced in compliance with alt applicable requirements of sections 6,.7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and orders ofthe United States Department of.Labar issued under Section 14 thereof. This agreement is subject to Executive Order 11246;:as.amended,the Rehabilitation Act of 1973,as amended,the Vietnam Veterans'Readjustment Assistance Act t of 1974,as amended,E.0,13496,29 CFR Part 471.,Appendix Ato Subpart A,and the corresponding regulations,to the extentrequired bylaw.41 CFR 60-1.4,60-741.5i and 60-250.5 areincorporated herein by reference,to the extent legally required.. 12. FOREIGN CORRUPT PRACTICES ACT-Buyer shall comply withapplicablelaws.and regulations relating to anti-corn g mi.a- JpGn,I ciudn �i� ,voltilout 1[ifitii ; tion,0)the United States Foreign.corrupt Practices Act(17CPA)i(15 U-S.C.§§78dd-1,et.seq-)irrespective of the place oiperlbralance,and(ii)laws and regulations implementing.the Organization.for Economic Cooperation and Development's Convention on Combating Bribery of Foreign.Public Officials in International.Business Transactions,the U.,N..Convention Against Corruption,and.the inter-American Convention Against Corruption in Buyer's country or any country where performance of thisagreementor delivery of goods will occur. 13. ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder orally interest herein without the prior written consent of'Graybar, and ally such a$si riment.without such consent,shall be Void 14. GENERAL PROVISIONS—All typographic&or clerical errors Made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shall be gave med by the laws of the State of Missouri app€icable to contracts to be lomitd and fully performed within the State.oftAtssouri,without giving.effect to the choice or conflicts of IaWprovisions'thereof.All suits adsiftg from orconcetning this agreement shall be filed in the Circuit Court 61 St.Louis County,Missouri,or th6 United States District Court for the Eastern District of Missouri,and no other place unless 6therwite determined in Graybar's sole discretion.Buyer hereby irrevocably contents to the jurisdiction of such court of courts and agrees to appear in any such action upon written notice thereof_ 15. EXPORTING—Buyer acknoWledges that this order and the performance thereof are subject to compliance%0h any and all applicable United States regulations,.or orders. Buyer agrees to comply with all such laws, regulations,and orders,including, if applicable,all teqUitehlents of the International Traffic in Arms Regulations and/or the EXportAdrhinistration Act,as May be arrierlded.Buyer further agrees that if the export lawtare applicable, it Will not disclose or re-export any technical data received:under this order to any countries for Which the United States government requires,an export license or other supporting documentation at the time of export:or transfer,unless Buyer has obtained prior written authorization from the United States.Office of Export Control or other:authority responsible for such matters. ''''i'' .�' r•}:'F• t2.K110113-00%: ',, :%��i.. Remit To: 12431 COLLECTIONS CENTER DRIVE - ••". -- Gr y�ya CHICAGO IL 60693-2431 317-821-5700 or ARQuestionsft aybar.com "'�_'"'��" CREDIT MEMO Invoice No: 978121654 MB 01 001887 09106 B 8 A Invoice Date: 04/02/2015 II�111'I"1'�lll�'�IIII��I�III'I�"�1110�'��I�"'�'��I��I'I11�111 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 r y ------ _ RECREATION f .. . I APR 06 2015 Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 Order No:38084 SO#:627523614 Del.Doc.#: PRO# RoutingDate Shipped I Shipped From F.O.B. Rt.To 0627523614 1 ZONE-YOUNGSTOWN,OH - Quantity Catalog#/Description Unit Price / Unit Amount 12 EC3DT4MWKU2S LUTRON ELECTRONICS CO 89.70 / 1 1076.40 ECOSYSTEM BALLAST-3W/DALI Terms of Payment Sub Total 1076.40 Freight~ 0.00 Net 30 Days Handling " 0.00 As a condition of the sales agreement,a monthly'service.charge of the lesser of. Tax 0.001.1'. 1-1/2%or the maximum permitted by law may be added:to all accounts not paid Total,Due ".1.076.40-- by net due date:Visa,MasterCard,American Express,and Discover credit cards ORIGINAL INVOICE#0977349774 '• " are accepted at point of purchase only. co 0 0 Subject to standard terms and conditions on the reverse side. GRANYBAR ELECTPJC COMPANY,INC. TIERNIS AND CONDITIONS OF SALE. 1. ACCEPTANCE OF ORDER;TERMINATION—Acceptance of:any order is subject to credit approval and acceptance of order by Giaybar Electric COmpany,.Iric ard.When 40plicli!ei Gra} ar's Suppliers.if credit of the buyer or egood f"BuyO )bet0MUrisattSfa ttory to Qraybar Grinybat reserves the right to terminate upon notice ib Buyer and wKhoUt liability to Graybar; 2.. PRICES AND SHIPME41 S—Unless otherwise quoted,prices shalt be those in effect at time of Shipment,Which shall be mad6:17.03.shipping point, prepaid and bill. 3. RETURN OF GOODS—Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling. 4. TAXES—Prices shown do not include sales orother taxes Imposed:on the sale of goods:Taxes now or hereafter imposed upon salesor shipments will be added to the purchase price.Buyeragrees to reimburse Graybar for any such tax or provide Graybar'with acceptable tax exemption certificate. 5- DELAY IN DELIVERY_Graybaris not to.be accountable for delays in delivery occasioned by acts of GodJallure of its suppliers to ship or deliver oil time,or other circumstances beyond Graybar'.a reasonable control.Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising from any delay in Shipment or delivery. 6.. LIMITED WARRANTIES_Graybar warrants that.all goods sold are free of any Security interest and Will make available to Buyer all transferable warrantliss(including without limitationvAjarranties with respect.to intellectual property infringement)made to Graybar by the manufacturer of the goods.. GRAYBAR MAKES NO OTHER:EXPRESS OR IMPLIED WARRANTIES.,AND'SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR.PURPOSE-UNLESS OTHERWISE AGREEI) -INWRITING RYAN AUTHORIZED REPRESENTATIVE OFGRAYBAR,PPODUCTS SOLD HEREUNDER ARE NOTINTENDED FOR USE. OR IN CONNF-CT14DN WITH (1)A14Y SAFETY APPLICATION OR THE-CONTAINMENT A klk OF A-MU C LEA R-FA C.ILITY.—OR-(2)-IN A HEALTHCARE- APPLICATION,VVHERE THE GOODS HAVE POTENTIALTOR DIRECT PATIENT CONTACT OR%04HFRE A 81X(6)FOOT CLEARANCE.FROM A PffiEl,jT CANNOT BE MAINTAINED AT ALL TIMES.. 7. LIMITATION OF LlAI31LI11_(—Buyiets remedies Under this agreement are Subject to any limitations contained in manufacturers terms and conditions -to Graybar,a copy of which will be furnished upon written request.Furthermore,Graybaess liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybar s:option,and IN NO CASE SHALL GRA71BAR BE LIABLE FOR INCIDENTAL;SPECIAL,OR CONSEQUENTIAL DANIIAGES.In addition,claims for Shortages,other than loss in transit,.must be made in writing not more than five(5)days after receipt of shipment. 8, WAIVER—The failure of Graybar to insist upon the performance of any of the terms or conditions ofthis-agreement or.to exercise any right hereunder Shall not be deemed to be a Waiver Of such terms,conditions,or rights in the*future,nor Shall:it be deemed to b6 a waiver of any other term,condition, or:Haht:under this agreement- 9.. MODIFICATION OF TERMS AND CONbiTtbN8—These terms and conditions supersede all other-communications',negotiations,and pnior-oral or written statements regarding the,Subject matter of these terms and conditions.No change,modification,rescission,discharge,abandonment, or.waiverof these terms and conditions.shall be.binding upon Graybar unless made in writing and signe.d.on its.behalf by a duty authorized represen= tafive of Graybar.No conditions,usage:of.trade,course of dealing or performance,understanding or agreement,purporting to modify,,vary,explain, or Supplement those terms and conditions shall be binding Unless hereafter made in writing and Signed by the party to be bound.Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof.If this document shall be deemed an acceptance of a prior offer by Buyer,such acceptanceisexpressly conditional upon Buyer's asseato any additional or different terms set forth herein. 10. REELS—When Graybar ships returnable reels,areel deposit may be included in the invoice.The Buyer should contact the nearest Graybar sery-ice location to return reels. 11. CERTIFICATION—Graybar hereby certifies that these goods were produced in compliance with all:applicable requirements of sections 6,.'7,and 12 of the.Fair Labor Standards Act,as amended,and of regulations and.orders of the United States Department of.Labor issued under Section 14 thereof: This.agreement is subject to ExecUtive Order 11245;as.amended,the Rehabilitation Art of 1973,as amended,the Vietnam Veterans'Readjustment Assistance Act of 1974,as amended,5.0,13466,25 CPR Part 471,Appendix.A.to Subpart A,and the corresponding:regulations,to the extent:required bylaw.41 CFR 604.4,60-741.5i and 60-250.5 are incorporated herein by reference,to the extent legally raqdred. 12. FOREIGN CORRUPT PRACTICES ACT—.Buyer shall comply with applicable taws and regulations relating to anti-Irruption, 1MOb tlijnita- tion,(i)the United States Foreign Corrulat Practices Act(FCPA)(15 U.S.C.§�78dd-1,et.seq.)irrespective of the place of.performance,and(ii.)laws and regulations implementing.the Organization.for Economic Gooperation and Development's Convention oil Combating Bribery of Foreign.Public Officials in International.Business Transactions,the U-N..Convention Against Corruption,and,the Inter-American Convention Against Corruption.in Buyer's country or any country where here performance of this agreement or delivery of goods will occur. 13. ASSIGNMENT—Buyer shall not assign its rights or delegate_its duties hereunder or any interest herein without the prior written consent of Gr4ybar, go h consent;Shall be yold. 4 any sub.assigriniont,wiltho.ut such consent; 1.4. GENERAL PROVISIONS—All typographical:or clerical errors made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shall be governed by the laws of the State of Missouri applicable to contracts to be formed and fully perf6fted within the State:of rnissouri,without giving,effect to the choice or conflicts of froill or concerning this agreement Shall be filed in the Circuit Court of St.Louis County,Missouri,or the:United States District Court for the Eastern District of Missouri,and no other place unless 6thehuite determined in Gfaybaf's Sole discretion.Buyer hereby irrevocably consents to the jurisdiction of such court&courts arid agrees to appear in any such action upon Written notice thereof- 15. EXPORTING_Buyer acknowledges that this order and the performance thereof are subject to compliance With any and all applicable United States laws., regulations,or orders. Buyer agrees to comply with all such laws, regulations,and orders,.including, if applicable,all requirements of the International Traffic in Arms Regulations and/Or the Export Administration Act,as May be amended;Boyer further agrees that if the export laws at- applicable,it Will not disclose or re-export any technical data received:Under this order to any countries for Which the United State6 government requites an export license 6r other:supporting documentation at the time of export or transfer:unless Buyer has obtained prior Written authorization R from the United States Office Of Export.Control or other authority responsible for such.matters. N. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of bill to be properly itemized must show; kind of service,where performed, dates service rendered, by whom, rates,per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. 114000 Graybar Terms 12431 Collections Center Drive. Chicago, IL 60693-2431 Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s)) PO# Amount 2/16/15 977349774; Replacement ballast 38084 $ 1,076.40 3/31/15 978088949. Waterpark gate counter parts xa1902 $ 59.26 4/2/15 978121655 Replacement ballast - — 38084 $ 1,017.96 4/2/15 978121654 Credit for incorrect pricing. 38084 $ (1,076.40) Total $ 1,077.22 I hereby certify that the attached invoice(s),or bill(s)is(are)true and correct and I have audited same in accordance with I C 5-11-10-1.6 120— Clerk-Treasurer Voucher No. Warrant No. 114000 Graybar Allowed . 20 12431 Collections Center Drive Chicago, 1L.'60693-2431 I �In SuM.10f$ i $ 1,077.22 ON ACCOUNT OF APPROPRIATION FOR j 109 Monori Center j Po#or Board Members INVOICE NO. CCT'#/TITL AMOUNT Dept;# 1093 977349774 435000:0 $ 1,076.40,; . j 1 hereby certify tliat the attached invoice(s), or 1093__ 978088949 . 4350000 .$ , ,.- 59.26-., t bill(s)is(are)true and correct and that the 1093.- 978121665 4350000_ ,.$ 1,017.96 _ ;' materials or services itemized thereon for. 1093 978121654 4350000 $ (1,076.40) I' which charge is made were ordered and received except 4' April 9,:2015 i l Signature $ 1,077.22 1 :'AccoUhts_Pay6ble_Co'qrdinator Cost distribution ledger classification if Title , claim paid motor vehicle highway fund temit'to : L9 GraybaR. INVOICE lnvace QuGstfans ease,Ca[{ ,',' 317-821-5700 12431 COLLECTIONS CENTER DRIVE Reprint 'HICAGO IL 60693-2431 Invoice No: 977469861 Invoice Date: 02/24/2015 Account Number: 153099 Account Name: CARMEL,CITY OF/WATER ,ill-To:ARMEE UTILITIES Ship-To: .450W. CARMEL,CITY OF/WATER TRMT VESSTFIEE 131ST STREET 3450 WEST 131ST STREET LD IN 46074 WESTFIELD IN 46074 1SA USA Page 1 of 2 ler No: KR10615 SO#: 702207541 :1.Doc.#: PRO # _ lRouting IDate Shi ed Shi ed From F.O.B. Rt. To 02207541 1 1 1 1 INDIANAPOLIS IN I I L Stevens iantity Catalocr # Description Unit Price Unit Amount 1 GBE VFDSUP-001 GENERIC VENDOR-GRAPA 750.00 / 1 750.00 DRIVES TECH SUPPORT START-UP SERVICE arms of Payment Sub Total: 750.00 t30 Days Freight: 0.00 3 a condition of the sales agreement, a monthly Handling: 0.00 ervice charge of the lesser of 1-1/2& or the maximum Tax: 0.00 armitted by law may be added to all accounts not paid Total Due: 750.00 y net due date. Visa, MasterCard, American Express, nd Discover credit cards are accepted at point of archase only. Subject to the standard terms and conditions set forth below VOUCHER# 151444 WARRANT# ALLOWED 114000 IN SUM OF $ GRAYBAR ELECTRIC CO, INC 12431 Collections Center Drive Chicago, IL 60693 '4 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR I�I' Board members 'f I PO# INV# ACCT# AMOUNT ) Audit Trail Code 1� 977469861 01-6360-03 $750.00 i i i Voucher Total $750.00 i Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL i An invoice or bill to be properly itemized must show, kind of service,where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 114000 GRAYBAR ELECTRIC CO, INC Purchase Order No. 12431 Collections Center Drive Terms Chicago, IL 60693 Due Date 4/7/2015 i Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 4/7/2015 977469861 $750.00 I hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 Date Officer