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HomeMy WebLinkAbout209554 06/05/2012 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: $6,224.58 CHICAGO IL 60693 CHECK NUMBER: 209554 CHECK DATE: 6/512012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 956751379 2,000.00 OTHER EXPENSES 1115 4350900 960291384 188.70 OTHER CONT SERVICES 651 5023990 960318605 586.52 OTHER EXPENSES 1115 4350900 960387511 809.75 OTHER CONT SERVICES 651 5023990 960387512 691.57 OTHER EXPENSES 1115 4350900 960387513 413.52 OTHER CONT SERVICES 102 4467099 24353 960429717 1,306.11 CAMERA EQPT 102 4467099 24353 960449449 48.92 CAMERA EQPT 102 4467099 24353 960458476 179.49 CAMERA EQPT e Remit To: Gr%4)aR, Invoic e Questions Please Call INVOICE 12431 COLLECTIONS CENTER DRIVE 317- 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960291384 Invoice Date: 05/11/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 610.001.002.01219 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 Y Order No: 05/10/12 SO #:339096070 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850453709 IGBTRUCK 05/11/2012 1 INDIANAPOLIS, IN S/P F/A Quantity Catalog Description Unit Price Unit Amount 5000 5EP4P24- GY- P- BER -AP BERK -TEK INC 179.49 1000 897.45 10032207 Terms of Payment Sub Total 897.45 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 _,89kr by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. 6 ',LO Subject to standard terms and conditions on the reverse side. 01" 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 T from the United States Office of Export Control or other authority responsible for such matters. L9 Remit To: GrraybaR. I o Invoice Questions Please Call" 12431 COLLECTIONS CENTER DRIVE CRE DIT 317- 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960310046 Invoice Date: 05/14/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 594.001.002.01187 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 04/19/12 SO #:602976621 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt.To 0893474701 GBTRUCK PICKUP INDIANAPOLIS, IN S/P F/A Quantity Catalog Description Unit Price Unit Amount 5000 5ENP4P24- GY- P- BER -PV BERK -TEK INC 141.75 1000 708.75 10032510 Terms of Payment Sub Total 708.75 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 708.75 by net due date. Visa, MasterCard, American Express, and Discover credit cards ORIGINAL INVOICE #0959902025 are accepted at point of purchase only. �v. 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 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 T from the United States Office of Export Control or other authority responsible for such matters. w, ~~r%~�~R- N������N���� Questions Please Call QU»N q���N���� 12431 COLLECTIONS CENTER DRIVE CHICAGO |L0O083'2431 Invoice No: 960387513 Invoice Date: 05/17/2012 Account Number: 0000154108 Ammunt Name: CARMEL CLAY COMM CENTER JA FIN NE ME N 1- IFA CA b 1715, Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION 31 FIRST AVE N.YK CARK8EL|N48032'1715 Page of Del. Doc. PRO Routing Date Shipped Shipped From FO.B. I Rt. To Catalog If Description Unit Price Unit Amount MCI S-PO-6-DN-A-BK-MOH MOHAWK WIRE CABLE CO 34.46 100 413.52 Terms of Payment Sub Total 413.52 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 413.52 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, price's 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 T from the United States Office of Export Control or other authority responsible for such matters. N L9 lnvo Remit To: g"d��,. ice`Que'stions Please Call I N VO I C E 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960387511 Invoice Date: 05/17/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM d`� p 109.001.006.00721 CENTER 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- NETWORK CABLING WWTP SO #:339161673 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850541596 IFFITFORWARD 05/17/2012 ZONE JOLIET, IL I S/P F/A Quantity Catalog Description Unit Price Unit Amount �-30=�' 5G108 -R05 LEVITON MANUFACTURING. COMPANY, INC 3.16 1 94.80 GIGAMAX SNP -IN JACK -30= 5G108 -RL5 LEVITON MANUFACTURING. COMPANY, INC 3.16 1 94.80 GIGAMAX SNP -IN JACK a �30c:­ 5G108 -RW5 LEVITON MANUFACTURING. COMPANY, INC 3.16 1 94.80 GIGAMAX SNP -IN JACK X2000— 5EP4P24- GY- P- BER -AP BERK -TEK INC 179.49 1000 358.98 10032207 42080 -6WP LEVITON MANUFACTURING. COMPANY, INC 3.68 1 22.08 6 -PT FLD CONFG 2 -GNG WLPL 41080 -4WP LEVITON MANUFACTURING. COMPANY, INC 1.24 1 7.44 4 PORT FIELD CONF WALLPLT C 20� 41084 -BWB LEVITON MANUFACTURING. COMPANY, INC 0.15 1 3.00 SNAP -IN BLANK MODULE 0 JR -LEV -1 FLUKE NETWORKS, INC. 78.48 1 78,48 JACKRAPID TERM TOOL 41106 41108 5G108 Del. Doc:. PRO Routing Date Shipped Shipped From F.O.B. Rt.To 0850542608 1Z6A3R960315645904 UPS GROUND 05/17/2012 1 ZONE- YOUNGSTOWN,OH S/P F/A 1' JR- LEV -1 -H FLUKE NETWORKS, INC. 55.37 1 55.37 g✓ REPLCMT JKRPD LVTN CAT5E Terms of Payment Sub Total 809.75 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 809.75 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. L5 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 approvaF!, 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)) 05/11/12 960291384 $188.70 05/17/12 960387511 $809.75 05/17/12 960387513 $413.52 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 ,20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Graybar Electric IN SUM OF 12431 Collections Center Drive Chicago, IL 60693 $1,411.97 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. I ACCT #/TITLE AMOUNT Board Members 1115 960291384 43- 509.00 $188.70 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the 1115 960387513 43- 509.00 $413.52 materials or services itemized thereon for 1115 960387511 43- 509.00 $809.75 which charge is made were ordered and received except Wednesday, May 30, 2012 Director Title Cost distribution ledger classification if claim paid motor vehicle highway fund Remit To: NV®I Invoice Questions. Please Call 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960449449 Invoice Date: 05/22/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 122.001.008.00819 CARMEL CLAY COMM CENTER JANET ARNONE 31 FIRST AVE N.W. CARMEL IN 46032 -1715 G Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION TODD LUCKOSKI 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Page 1 of 1 Order No: 24353 SO #:339178928 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0339178928 05/21/2012 FACTORY Quantity Catalog /Description Unit Price /Unit Amount 1 5502 -321 P33 -VE TECH DATA CORPORATION 48.92 1 48.92 Terms of Payment Sub Total 48.92 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 48.92 by net due date. Visa, MasterCard, American Express, and Discover credit cards are accepted at point of purchase only. 02 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 foss 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. t9 Remit To: (~jrY'%,, v Invoice Questions Please Call 12431 COLLECTIONS CENTER DRIVE ®I 317-821-5700 CHICAGO IL 60693 -2431 Invoice No: 960429717 Invoice Date: 05/21/2012 Account Number: 0000154108 Account Name: CARMEL CLAY COMM CENTER 182.001.004.00725 CARMEL CLAY COMM CENTER JANET ARNONE rQ 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION TODD LUCKOSKI 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Page 1 of 1 Order No: 24353 SO #:339178928 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0339178928 05/18/2012 1 FACTORY Quantity Catalog Description Unit Price Unit Amount 1 0325 -041 P3344 -VE TECH DATA CORPORATION 1099.00 1 1099.00 12MM 1 5017 -671 T91 A67 TECH DATA CORPORATION 103.00 1 103.00 1 5014 -204 POE T8124 TECH DATA CORPORATION 104.11 1 104.11 Terms of Payment Sub Total 1306.11 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 1306.11 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 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 from the United States Office of Export Control or other authority responsible for such matters. l9 Remit To: GrMftaR Invoice Questions Please Gall I 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960458476 Invoice Date: 05/22/2012 Account Number: 0000154108 I Account Name: CARMEL CLAY COMM CENTER CARMEL CLAY C®MM CENTER JANETARN®NE` �31 FIRST AVEIN CARME0IN 46432 1715 Ship to: CARMEL CLAY COMM CENTER CARMEL CLAY COMMUNICATION TODD LUCKOSKI 31 FIRST AVE N.W. CARMEL IN 46032 -1715 Page 1 of 1 Order No: 24353 SO #:339178928 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850579520 850580016 SHIP -WOG 05/22/2012 INDIANAPOLIS, IN S/P F/A Quantity Catalog Description Unit Price Unit Amount 1000 5EP4P24- GY- P- BER -AP BERK -TEK INC 179.49 1000 179.49 10032207 Terms of Payment Sub Total 179.49 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 179.49 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 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 H T from the United States Office of Export Control or other authority responsible for such matters. 0 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)) 960429717 $1,306.11 960458476 $179.49 960449449 I I $48.92 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. WARRAN NO. ALLOWED 20 Graybar IN SUM OF 12431 Collections Center Drive Chicago, IL 60693 -2431 $1,534.52 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members x 24353 j 960429717 102 670.99 j $1,306.11 1 hereby certify that the attached invoice(s), or 24353 960458476 102 670.99 $179.49 bill(s) is (are) true and correct and that the 24353 I 960449449 1 102 670.99 I $48.92 materials or services itemized thereon for which charge is made were ordered and received except 4 2012 Xd .'07 %0 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund (9 Remit To: Gr" INVOICE Invoke Questions Pease CaN 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960318605 Invoice Date: 05/14/2012 Account Number: 0000152110 Account Name: CARMEL, CITY OF /ELEC 568.001.002.01135 CARMEL, CITY OF /ELEC ACCOUNTS PAYABLE 760 THIRD AVENUE S.W. CARMEL IN 46032 Ship to: CARMEL, CITY OF /ELEC CARMEL UTILITIES, CITY OF CARMEL WASTEWATER 9609 HAZEL DELL PARKWAY INDIANAPOLIS IN 46280 -2935 Page-1—oil Order No: S13095 SO4:339035930 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0850482555 1Z4410680375163435 I UPS GROUND 05/14/2012 INDIANAPOLIS, IN Quantity Catalog Description Unit Price Unit Amount 2 2938756 PHOENIX CONTACT 121.83 1 243.66 MINI -PS- 100- 240AC/10- 15DC/2 2 2938837 PHOENIX CONTACT 171.43 1 342.86 MIN I -PS- 100- 240AC/24DC/4 Terms of Payment Sub Total 586.52 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 586.52 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 0 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 from the United States Office of Export Control or other authority responsible for such matters. 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 DR Terms CHICAGO, IL 60693 -2431 Due Date 5/21/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/21/2012 960318605 $586.52 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 5- 11- 10 -1.6 -Sl2SI L �,a�- crWl Date Officer VOUCHER 125009 WARRANT ALLOWED 114000 IN SUM OF GRAYBAR ELECTRIC CO, INC 12431 COLLECTIONS CENTER DR CHICAGO, IL 60693 -2431 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 960318605 01- 7200 -04 $586.52 Voucher Total $586.52 Cost distribution ledger classification if claim paid under vehicle highway fund L9 Remit To: (ir Invoice Questions Please Call 12431 COLLECTIONS CENTER DRIVE INVOICE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 959751379 Invoice Date: 04/11/2012 Account Number: 0000152110 Account Name: CARMEL, CITY OF /ELEC 192.001.004.00765 CARMEL, CITY OF /ELEC ACCOUNTS PAYABLE 760 THIRD AVENUE S.W. CARMEL IN 46032 Ship to: CARMEL, CITY OF KEN RHODES 5484 E. 126TH ST CARMEL IN 46033 Page 1 of 1 Order No: W09679 SO #:338675959 Del. Doc. PRO Routing Date Shipped Shipped From F.O.B. Rt. To 0338675959 04/11/2012 IFACTORY Quantity Catalog Description Unit Price Unit Amount 1 Soft Start 5484 E. 126th St. Carmel In. SCHNEIDER ELECTRIC USA INC 2000.00 1 2000.00 4/4/12 8am 5484 E. 126th St. Carmel In. 46033 Evaluate, Verify Clean and adjust 4ea. Soft Starts Terms of Payment Sub Total 2000.00 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 2000.00 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 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 T from the United States Office of Export Control or other authority responsible for such matters. 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 5/29/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/29/2012 959751379 $2,000.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with I C 5- 11- 10 -1.6 //L ca d M�- Date Officer VOUCHER 121037 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 959751379 01- 6360 -04 $2,000.00 Voucher Total $2,000.00 Cost distribution ledger classification if claim paid under vehicle highway fund l9 Remit To: Gr%ftaR- `Invoice Quest ons Plea e Call M INVOICE �w,.; 12431 COLLECTIONS CENTER DRIVE 317 821 -5700 CHICAGO IL 60693 -2431 Invoice No: 960387512 Invoice Date: 05/17/2012 Account Number: 0000154108 f� Account Name: CARMEL CLAY COMM HIS CENTER 1 V!J u Q 3 u u QR 00723` CARMEL GLAYCOMM CENTER_ JANET AR,N®NE 31FIR�ST A E N VV. V CARMEL IN46032�.�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: SCADA ROOM WWTP SO #:339161659 Del. Doc. PRO I Routing Date Shipped Shipped From F.O.B. Rt. To 0850541882 IFFITFORWARD 05/17/2012 1 ZONE JOLIET, IL S/P F/A Quantity Catalog Description Unit Price Unit Amount 55053 -703 CHATSWORTH PRODUCTS INCORPORATED 131.86 1 131.86 r STANDARD 191N RACK BILK 11911-712 CHATSWORTH PRODUCTS INCORPORATED 99.66 1 99.66 CABLE RUN KIT 121N BLK d1 5G596 -U48 LEVITON MANUFACTURING. COMPANY, INC 205.64 1 205.64 CAT 5E PATCH PANEL 48 PRT 5500 -190 LEVITON MANUFACTURING. COMPANY, INC 108.08 1 108.08 191N RACK MOUNT TV SS Del. Doc. PRO I Routing Date Shipped Shipped From F.O.B. Rt. To 0850541938 1Z6A3R960315645824 UPS GROUND 05/17/2012 ZONE- YOUNGSTOWN,OH S/P F/A b GBLCC-D1-01 ALLEN TEL PRODUCTS INCORPORATED 27.98 1 27.98 LC /SC DUPLEX SM 1MTR ESH1915 HOFFMAN ENCLOSURES, INC 51.29 1 51.29 151N SOLID SHELF BLACK 2RU GBLCT-D2-05 ALLEN TEL PRODUCTS INCORPORATED 33.53 1 67.06 LC /ST DPLX MM 5M CORD 62.5 MICRON FIBER Terms of Payment Sub Total 691.57 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 691.57 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. I t• 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 go* oda.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 2 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 DR Terms CHICAGO, IL 60693 -2431 Due Date 5/25/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/25/2012 960387512 $691.57 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 GX Date Officer VOUCHER 125035 WARRANT ALLOWED 114000 IN SUM OF GRAYBAR ELECTRIC CO, INC 12431 COLLECTIONS CENTER DR CHICAGO, IL 60693 -2431 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 960387512 01- 7202 -05 $691.57 Voucher Total $691.57 Cost distribution ledger classification if claim paid under vehicle highway fund