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208708 05/10/2012 CITY OF CARMEL, INDIANA VENDOR: 114000 Page 1 of 1 ONE CIVIC SQUARE GRAYBAR ELECTRIC CO, INC CARMEL, INDIANA 46032 12431 COLLECTIONS CENTER DRIVE CHECK AMOUNT: $5,337.23 CHICAGO IL 60693 CHECK NUMBER: 208708 CHECK DATE: 5/10/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4350100 959841861 1,069.38 BUILDING REPAIRS MA 1115 4350900 959902025 841.70 OTHER CONT SERVICES 1093 4350100 959976088 35.00 BUILDING REPAIRS MA 604 5023990 959988149 750.00 OTHER EXPENSES 604 5023990 959997950 2,310.00 OTHER EXPENSES 1115 4350900 960025339 233.19 OTHER CONT SERVICES 1115 4350900 960069366 97.96 OTHER CONT SERVICES L9 Remit To: GcI %ftaR. Invoice Questions Please Call 12431 COLLECTIONS CENTER DRIVE INVOICE 317- 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 959902025 Invoice Date: 04/19/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 683.001.002.01365 CARMEL CLAY COMM CENTER JANET ARNONE 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Pagel of 1 Order No: CCCC 04/19/12 SO #:338855600 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850136419 FRT FORWARD 04/19/2012 ZONE- JOLIET, IL S/P F/A Quantity Catalog Description Unit Price Unit Amount 4000 5ENP4P24- GY- P- BER -PV BERK -TEK INC 141.75 1000 567.00 10032510 20 5G108 -RR5 LEVITON MANUFACTURING. COMPANY, INC 4.32 1 86.40 GIGAMAX SNP -IN JACK 20 5G108 -R05 LEVITON MANUFACTURING. COMPANY, INC 4.32 1 86.40 GIGAMAX SNP -IN JACK 20 AT1510EV -BU ALLEN TEL PRODUCTS INCORPORATED 4.32 1 86.40 CAT 5E VIP 1OFT BLU 10 41080 -31P LEVITON MANUFACTURING. COMPANY, INC 1.55 1 15.50 3 PORT FIELD CONF WALLPLT Terms of Payment Sub Total 841.70 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 841.70 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. 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 m 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 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. ti Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or 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. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/19/12 959902025 $841.70 1 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 1 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Graybar Electric IN SUM OF 12431 Collections Center Drive Chicago, IL 60693 $841.70 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. I ACCT #/TITLE AMOUNT Board Members 1115 I 959902025 I 43- 509.00 I $841.70 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Wednesday, May 02, 2012 Dir Title Cost distribution ledger classification if claim paid motor vehicle highway fund Lip Remit To: Gr%4)aR. Invoice Questions Please Call INVOICE 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960025339 Invoice Date: 04/26/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 620.001.002.01239 CARMEL CLAY COMM CENTER JANET ARNONE 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Page 1 of 1 Order No: CCCC SO #:338939449 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. I Rt. To 0850245684 1ZE9W0210363842342 UPS GROUND 04/26/2012 ZONE- JOLIET, IL PPD BIII Quantity Catalog Description Unit Price Unit Amount 1 5G596 -U48 LEVITON MANUFACTURING. COMPANY, INC 211.90 1 211.90 CAT 5E PATCH PANEL 48 PRT 1 7899 -1 LEVITON MANUFACTURING. COMPANY, INC 11.36 1 11.36 GFCI Terms of Payment Sub Total 223.26 Freight 6.93 Net 30 Days Handling 3.00 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 233.19 by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. WR W 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 m 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 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. N Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or 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. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/26/12 960025339 $233.19 1 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 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Graybar Electric IN SUM OF 12431 Collections Center Drive Chicago, IL 60693 $233.19 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. I ACCT #/TITLE AMOUNT Board Members 1115 I 960025339 I 43- 509.00 $233.19 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Thursday, May 03, 2012 Direct Title Cost distribution ledger classification if claim paid motor vehicle highway fund L9 Remit To: Gr%4mR. INVOICE Invoice Questions Please Call 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960069366 Invoice Date: 04/30/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 1889.001.002.03777 CARMEL CLAY COMM CENTER JANET ARNONE 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Page 1 of 1 Order No: CCCC SO #:338939449 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt.To 0338939449 04/26/2012 IFACTORY Quantity Catalog Description Unit Price Unit Amount 1 T91A64 5017 -641 TECH DATA CORPORATION 83.58 1 83.58 INBOUND FREIGHT 14.38 Terms of Payment Sub Total 97.96 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 -1/2% or the maximum permitted by law may be added to all accounts not paid Total Due 97.96 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. ERE- 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 G) the International Traffic in Arms Regulations and /or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws m 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 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. ti Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or 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. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/30/12 960069366 $97.96 1 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 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Graybar Electric IN SUM OF 12431 Collections Center Drive Chicago, IL 60693 $97.96 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1115 I 960069366 I 43- 509.00 I $97 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Friday, May 04, 2012 Director Title Cost distribution ledger classification if claim paid motor vehicle highway fund l9 Remit To: Gr CO IONS CENTER DRIVE INVOICE Invoice Questions Please Calt i 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 959841861 Invoice Date: 04/17/2012 fl�E f Account Number: 0000414887 Account Name: CARMEL CLAY PARKS APR 2 3 2 012 RECREATION 2992.001.002.05983 CARMEL CLAY PARKS RECREATION 1411 E. 116TH ST CARMEL IN 46032 Ship to: CARMEL MONON COMUNITY CENTER ATTN: MATT BUSH 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 Page 1 of 1 Order No: 30650 SO #:338722624 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0338722624 04/16/2012 FACTORY Quantity Catalog Description Unit Price Unit Amount 3 HSL 100M 277 BALLAST HYDREL CORP 356.46 1 1069.38 M90 E -17 277v Terms of Payment Sub Total 1069.38 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 1069.38 by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. Purchase b T �t Vyi I 1 f1 111 Da:�cription 11 Wu�UJI. 1"IeJ P.O. 5U69D P o F� G.L. I ��13— d X50 I ocD Budoet Ling Descr Purchaser Date Approval Date x 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 m 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 requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization S from the United States Office of Export Control or other authority responsible for such matters. L9 Remit To: G R. �'yba. Invoice Questions Please Call' 12431 COLLECTIONS CENTER DRIVE INV 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 959976088 Invoice Date: 04/24/2012 Account Number: 0000414887 Account Name: CARMEL CLAY PARKS RECREATION 2989.001.002.05977 CARMEL CLAY PARKS RECREATION 1411 E. 116TH ST CARMEL IN 46032 Ship to: CARMEL MONON COMUNITY CENTER ATTN: MATT BUSH 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 Page 1 of 1 Order No: 30650 SO #:338722624 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850188116 IGBTRUCK 04/24/2012 1 INDIANAPOLIS, IN I S/P F/A Quantity Catalog 1 Description Unit Price Unit Amount 1 Shipping 35.00 Terms of Payment Sub Total 35.00 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 35.00 by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. APR E4w tF� Purchase Description P.O. P o� G.L. t Oq3- +blbo 100 Line D Line Descr Purchaser Date Approval Date 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 Cooperation and Development's Convention on Combating Bribery of Foreign Public Officiais 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 this agreement or delivery of goods will occur. 13. ASSIGNMENT Buyer shall not assign its rights or delegate its duties her_eu_nder 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 W 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 requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization E T from the United States Office of Export Control or other authority responsible for such matters. 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 4/17/12 959841861 Ballast for entrance to Water Park 30650 1,069.38 4/24/12 959976088 shipping for ballasts 30650 35.00 Total 1,104.38 1 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 1 20 Clerk- Treasurer Voucher No. Warrant No. 114000 Graybar Allowed 20 12431 Collections Center Drive Chicago, IL 60693 -2431 In Sum of 1,104.38 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO# or INVOICE NO. ACCT #[TITLE AMOUNT Board Members Dept 1093 959841861 4350100 1,069.38 1 hereby certify that the attached invoice(s), or 1093 959976088 4350100 35.00 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 3 -May 2012 Signature 1,104.38 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund 119 Remit To: Gr%4kqR. Invoice Questions Please Call INVOICE 12431 COLLECTIONS CENTER DRIVE 317-821-5700 CHICAGO IL 60693-2431 Invoice No: 959997950 Invoice Date: 04/25/2012 Account Number: 0000153099 Account Name: CARMEL,CITY OF/WATER �"v TRMT ppr J 734.003.904 .02%35 CARMEL L IL T 3450W 131 ST STREET WESTFIELD IN"46074 Ship to: CARMEL WATER TREATMENT Plant 5 ATTN: KenR/HSP#2 5484 E 126TH ST CARMEL IN 46033 Page I of 1 Order No: W09685 SO#:338768573 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850172033 GB TRUCK AM 104/24/2012 1 INDIANAPOLIS, IN S/P F/A Quantity Catalog Description Unit Price Unit Amount 1 ATS48C32Y SCHNEIDER ELECTRIC USA INC 2310.00 1 2310.00 SOFT START 208-690VAC 320AMP ATS01 +OPTI Terms of Payment Sub Total 2310.00 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 4-61 1-1/2% or the maximum permitted by law may be added to all accounts not paid Total Due 247 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. 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 m 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 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. L9 Remit To: 1G R Invoice Questions Please Call 31IONS CENTER DRIVE I Y ®I 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 959988149 Invoice Date: 04/25/2012 Account Number: 0000153099 Account Name: CARMEL,CITY OF/WATER TRMT 734.001.004.02933 CARMEL UTILITIES 3450 W. 131 ST STREET WESTFIELD IN 46074 Ship to: CARMEL WATER TREATMENT Plant 5 ATTN: KenR /HSP #2 C) 5484 E 126TH ST CARMEL IN 46033 b Page 1 of 1 W. Order No: W09685 SO #:338768573 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0338768573 FACTORY Quantity Catalog Description Unit Price Unit Amount 1 Start -up 750.00 Terms of Payment Sub Total 750.00 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 5239 1 -1/2% or the maximum permitted by law may be added to all accounts not paid Total Due 802.50 by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. 7 Subject to standard terms and conditions on the reverse side. s 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 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 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 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 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 WITH (1) ANY SAFETY 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 SIX (6) FOOT CLEARANCE FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES. 7. LIMITATION OF LIABILITY Buyer's 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 (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 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, or waiver of these terms and conditions shall be binding upon Graybar unless made in writing and signed on its behalf by a duly authorized representative 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 this document 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 reel 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 limitation, (i) the United States Foreign Corrupt 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 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 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 m 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 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. N Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 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 5/2/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/2/2012 959997950 $2,310.00 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 VOUCHER 114472 WARRANT ALLOWED 114000 IN SUM OF GRAYBAR ELECTRIC CO, INC 12431 Collections Center Drive Chicago, IL 60693 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 959997950 02- 2308 -00 $2,310.00 Depreciation Q c 7 ,rD,� 59 qg&A l Voucher Total so (od tpv':00 Cost distribution ledger classification if claim paid under vehicle highway fund