Artistic Holiday Designs/DCR//85,983.95/Products for the Palladium Artistic Holiday Designs
Community Relations Department-2016
Appropriation#43-593.00; P.O.#33608 � �
Contract Not To Exceed$85,983.95 Ors OLo
• AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is
hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board
of Public Works and Safety ("City"), and Artistic Holiday Designs an entity duly authorized to do
business in the State of Indiana ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT,ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of
same constitutes its acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City
budget appropriation number 43-593.00 funds. Vendor agrees to provide the Goods and Services and to
otherwise perform the requirements of this Agreement by applying at all times the highest technical and
industry standards.
3. PRICE AND PAYMENT TERMS: •
3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder.
shall be no more than Eighty Five Thousand Nine Hundred Eighty Three Dollars and Ninety Five
Cents ($85,983.95) (the "Estimate"). Vendor shall submit an invoice to City no more than once every
thirty (30) days detailing the Goods and Services provided to City within such time period. City shall
pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of
Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not
disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an
invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise
• performed and satisfied all the terms and conditions of this Agreement.
3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the
Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has
previously agreed, in writing, to pay an amount in excess thereof.
4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
those certain specifications, descriptions and/or quotations regarding same as were provided to
Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated
herein by reference, and that the Goods and Services will be delivered in a timely, good and
workmanlike manner and free from.defect. Vendor acknowledges that it knows of City's intended use
and expressly warrants that the Goods and Services provided to City pursuant to this Agreement
have been selected by Vendor based upon City's stated use and are fit and sufficient for their
particular purpose.
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Artistic Holiday Designs
Community Relations Department-2016
Appropriation#43-593.00; P.O.#33608
Contract Not To Exceed$85,983.95
5. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective
Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the
essence of this Agreement.
6. DISCLOSURE AND WARNINGS:
If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of
all chemicals, materials, substances and items used in or during the provision of the Goods and Services
provided hereunder, including the quantity, quality and concentration thereof and any other information
relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to
furnish to City sufficient written warning and notice (including appropriate labels on containers and packing)
of any hazardous material utilized in or that is a part of the Goods and Services.
7. LIENS:
Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is
filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding,
City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense.
8. DEFAULT:
In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this
Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein;
(c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does
not correct such failure or breach within five (5) business days (or such shorter period of time as is
commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or
breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of
creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights
and remedies available to City at law and/or in equity.
9. INSURANCE AND INDEMNIFICATION:
Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer
licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and
Vendor from all claims for damages under any workers' compensation, occupational disease and/or
unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness,
disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and,
for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom.
The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall
cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide
City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be
canceled without thirty(30) days prior notice to City. Vendor shall indemnify and hold harmless City from and
against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney
fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's
provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property.
Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and
employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney
fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents,
officers, employees, contractors or subcontractors in the performance of this Agreement. These
indemnification obligations shall survive the termination of this Agreement.
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Artistic Holiday Designs
Community Relations Department-2016
Appropriation#43-593.00; P.O.#33608
•
Contract Not To Exceed$85,983.95
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes
which-may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant
provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless
City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules,
regulations and codes. This indemnification obligation shall survive the termination of this Agreement.
11. NONDISCRIMINATION:
Vendor represents and• warrants that it and all of its officers, employees, agents, contractors and
subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting
discrimination against any employee, applicant for employment or other person in the provision of any Goods
and Services provided-by this Agreement with respect to their hire, tenure, terms, conditions and privileges of
employment and any other matter related to their employment or subcontracting, because of race, religion,
color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran
status.
12. E-VERIFY
Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference (the "Indiana E-Verify Law"), Vendor is required to enroll in and verify the work
eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit
attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does
not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with
documentation indicating that it has enrolled and is participating in the E-Verify program. Should
Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully
comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any
subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if
no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or
those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-
Verify program cease to exist.
13. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not
affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any
party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the
same or any other provision hereof.
14. NON-ASSIGNMENT:
Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not
delegate its obligations under this Agreement without City's prior written consent.
15. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any
of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price
-set forth herein shall be the full and maximum compensation and monies required of City to be paid to
Vendor under or pursuant to this Agreement.
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Artistic Holiday Designs
Community Relations Department-2016
Appropriation#43-593.00; P.O.#33608 •
Contract Not To Exceed$85,983.95
•
16. GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana,
except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they
waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County,
Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same.
17. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive
order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to
comply with same, and the remaining provisions of this Agreement shall remain in full force and effect.
18. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified
herein:
If to City: City of Carmel AND Douglas C. Haney,
One Civic Square Corporation Counsel
Carmel, Indiana 46032 Department of Law
One Civic Square
• Carmel, Indiana 46032
If to Vendor: Artistic Holiday Designs
2030 Parkes Drive
Broadview, Illinois 60155
ATTENTION: Derek Norwood
Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given
orally, as long as written notice is then provided as set forth hereinabove within five (5) business days'from
the date of such oral notice.
19. TERMINATION:
19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to
Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by
Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and
Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to
receive only payment for the undisputed invoice amount representing conforming Goods and
Services delivered as of the date of termination, except that such payment amount shall not exceed
the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the
event of such termination, Vendor shall be entitled to receive only payment for the undisputed
invoice amount of conforming Goods and Services delivered as of the date of termination, except
that such payment amount shall not exceed the Estimate amount in effect at the time of termination,
unless the parties have previously agreed in writing to a greater amount.
19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate.
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Artistic Holiday Designs
Community Relations Department-2016
Appropriation#43-593.00; P.O.#33608
Contract Not To Exceed$85,983.95
20. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons
executing this Agreement have the authority to bind the party which they represent.
21. ADDITIONAL GOODS AND SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods
and services to City. When City desires additional goods and services from Vendor, the City.shall notify
Vendor of such additional goods and services desired, as well as the time frame in which same are to be
provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional
goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in
writing, to provide such additional goods and services, shall such goods and services be provided by Vendor
• to City. A copy of the City's authorization documents for the purchase of additional goods and services shall
be numbered and attached hereto in the order in which they are approved by City.
22. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19
hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2016 and shall,
on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless
otherwise agreed by the parties hereto.
23. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
24. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations
set forth in Agreement. .
25. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Vendor.
•
26. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document,
it does not engage in investment activities within the Country of Iran.
27. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain
legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same
• freely, voluntarily, and without any duress, undue influence or coercion.
28. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire.
agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral
or written representations and agreements regarding same. Notwithstanding any other term or condition set
forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit
attached to this Agreement or in any document referenced herein conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail.
This Agreement may only be modified by written amendment executed by both parties hereto, or their
successors in interest.
[S:\Coniraciarof.Sva&Goals SvcslCommunity Rclmions\2016\Artistic Holiday Dcsigns Goals&Scrvicos FORM-WITH E-Vcrify L nguagc.doc:3/312016 2:44 PMI
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Artistic Holiday Designs-
Community Relations Department=2016
Appropriation#43-593.00; P.O.. #33608 '. _ : : :. - : :- .
Conti-act Not To Exceed$85;983.95 -
IN WITNESS.WHEREOF,the:parties hereto.have-made•and°.executed:this Agreement as follows:
CITY OF CARMEL,--INDIANA Artistic Holiday Designs =
by:and through its Board of:Public : *.
Works and Safety. .
/dames Brainard, Pr esiding:Offieer *.-. - thorized S' e .- :
Date:
( !/Grwo. .
.Printed Name'
Mary An Burk e b
Date:.
"- / r4.ta
30/
Lori S,Watso e4o/f
r FIDT IN /: -
Date: •
.Last:.Four of SSN.if Sole Proprietor:
Date: /-7/ f : .
C tstine S: Pa,' • lerk- ea r
. . . . -
•
.ISaGnnmas Piof.Sv O IsS,ixlCommmliity Rclmiois‘20161Ariistic llnlitL,y Designs Guilds&Scnicec FORM-\YITII E-'rify lsngnnFe.d.c:7O12QIG 2:44 P\11 - - - -
•
. .Holiday Designs. _ _ . - . .
: • Artistic HolidayDesigns : :Invoice No. . 100234 _
Invoice Date:'. 3/3/2oi6
- z. • Seller Address:.•- - • Contact : NancyS:Heck
: 203o Parkes Drive • • - • . - - •. City of Carmel • -•.
- • Broadview,'IL 60155 ' ' : • : Buyer Address:: One Civic Square
. . • 708-223-8506: • : • • • • • : • - . : •• Carmel,IN•4693z • :•. . .
www.ArtisticHolidayDesigns.com Phone: . - (317)571-2494 .
•
Derek-Norwood • .• . f=mail:" Nheek[`a3carmel.in, ov' • '
derekn"@a ArtisticHolidayDesigns.com .' ' • -• ' •Fax:.' - • • - - - '
Delivery Point: ' .• • .• ' _' • . . _' • . Shipping Method:- - • . Seal TBD- - •- • -
. •- • , :- TBD, .: - - - Shipping Terms:' .:' F.OBDeliveyPoint. - - •
- - : Carmel,IN:4603? : . - ' : ' . :"TBD :
Carmel,IN"46032 _
n, �^a':a- a•h: ,w rid-�yr ''�i'r.'+ -�a .a .".r,F '' ;rz .mac. "-F4 , _
Product � Location #a�`Descnption B I t , -- SH�p�Date Quantjt # Umt Pnce Total Price . .
Palladium 201739 Diapason 1 32,976 00 $.. 32 976.00-
180.o3i212. -
3zo.080402 Projector-Hoy 7LED rgb 27 w: : - • • - • 3: : 271.15 • $ : '. : • • " -813.45�
. : 320.080598 .Projector 11ov 14 LED.rgb73 W - . 3- • " _364.65- $:•• . : 1,093.95
:• : : : : :320.080598- ' P.rojectorllov7LEDrgblo5w . : 3" • : 514.25: $ : •..1,542.75:
- - - 32o.089091 Projector liov_37 RGBW.LED 150w 3 :738.65 "$-- • 2,215;95" .
- - •-• 340.080400:.•DMX controllerboard E.-board 1024. - . •: 1 - -364.65- :$. • • 364.65: . •
- - - • • :380.980192' . •IP65 dnix signal cable 2:5M:-• : :7 •. 7.48: $. , 52.36
1.. . - • 380.0800.63. IP65 extended.power supply?,5om • • . 7. • • 18.79 $ 136.99.
i90.600186. •-Boitier Tempo ABS.i4o.x 191.x io7. - •.• - - 1 79;45 $•. • . -•. •79•45 . •.
- MEL.CABLAGESTcableforprogramming 1z_ i_5.00 $: 300.00
- • .• •MEL:LUMBOX••presentation control box " - - • • • . : 1'-•.• . " .450.00• $ • •450.00- .
. : • :201523• . :Sylma: h 6m x diaim(reflective mesh inc) 1 . : , 33,740.00. $: . •33,740:0o
- - sp5797. Sylma:,centeronly with reflective mesh, • 1. . :• .13,500.00'. $ - -. 13,500.00
320.080091- .Projector 11ov 37 RGB.W LED 150w - •.4• 738.65 $ - • • .• 2,954•60' • . •
- • • 180:032212 •• concrete point for 201523 .' - ••.10• : zoo:oo. $- .'2,0o0.00
180.032i12 • concrete point for sp5797•. " . .4. .200.00 $•- - -800.00 '
- this product will be-produced and-shipped by mid•August.for deliver.in"Mid September.We need to make sure-Invoice Subtotal. $ • 94,334 06: . :
install is complete by September 28th. .'. Tax. o.00% .•.
. Instllation instructions and conference support is provided with this cost.: : : Shipping TBD: : : 5,800.00: : '
_ .. .. _. : (14,156.11).. " .
. early.order discount(15q) .
1`` xr� } k• .Y '.- ry� TOTAL�1 U $r 5, 95c'' '
_ z'�'taT f.a. .•_ -..`5..... .. .., a 'F --2y .. 4;i �•.1-.& t"
. : -.Sales Confirmation Good until July 10;2015 • ' - - -
This,Sales Confirmation is subject to the General Terms and Conditions hereto.attached. : • • •. •• " - - •. • - .
Due upon acceptance' _ • • $ 85,983.95 . . . .• •
. .
Paymenf Method:,
Check/Bank Information , - BIT " -
General Terms and.Conditions. . -. -. . - - • -. -. -_ - -
t:Applicability,' - - - - -
: (a)These terms and conditions of sale(these"Terms")are the.only terms govern.the sale of the goods("Goods.")by the seller("Seller")to the buyer("Buyer");both of whom are named on the • • • •
• - Sales Confirmation,hereto attached:Notwithstanding anything herein toihe contrary,if a written contract'signed'by both parties Is in existencexovering the sale of the Goods covered hereby,the : . .
terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms: •
. • (b)The accompanying confirmation of sale(the Sales Confirmation"hereto attached)and these Terms(collectively,this"Agreement")comprise the entire agreement between the parties;and. ' • -
supersede all prior or contemporaneous understandings,Agreements;negotiations,representationsand warranties,and communicatlons,both.written and oral.These Terms prevail over any of . -
Buyer's general terms and conditions of purchase regardless whether or when Buyer hassubmitted Its purchase order or such terms.Fulfillment of Buyer's order does not constitute'acceptance'of any
' . "of•Buyer's terms-and conditions and does not serve to modify or amend_these Terms.. • - - - • . • . • . . , .
. . z:Delivery:: . . .. ..- -
(a)The goods will be delivered within a reasonable time after the receipt of Buyer's purchase order,subject to availability of finished Goods.Seller shall not be liablefor any delays;loss or damage in-.
- .
• - •(b)Unless otherwise agreed In writing by the parties,•Seller shall deliver the Goods to the location and address stated in the Sales Confirmation(the"Delivery Point")using Seiler's standard methods .
for packaging and shippingsuch Goods.Buyer shall take delivery:when the Goods have been delivered tothe-Delivery Point:Buyer shalt be responsible for all loading costs and provide equipment and. '
labor reasonably suited for receipt of the Goods at the-Delivery Point: • . : • . • • . - • . ' " - . . . . - . ' . . .
- (c)Seller may,in its sole discretion,without liability or penalty,make partial shipments of Goods-to Buyer:Each shipment will constitute a separate sale,and Buyer shall pay-for the units shipped - ...
• - • :whether such shipment is in whole or partial fulfillment bf Buyer's purchase order: : • - - - - - :
(d)If for any reason Buyer failsto accept delivery of any of the Goods on the date that the:Goods have been delivered at the Delivery:Point,or if Seller is unable to deliver theGoods-at the Delivery . • •
• Point on such date because Buyer has not provided appropriate instructions,documents;licenses or authorizations:(i)risk of loss to the Goods shall-pass to Buyer,•_(ii)the Goods shall be deemed to; -
. • -have been delivered;and.(iii)Seller,at its option,may store the Goods until Buyer picks them up,whereupon Buyershall be liablefor all related costs and expenses(including'without limitation, •-
. : storage andinsurance).: : . . ' : . . - : - ' : • : : . - .
..
(a)The quantity of any installment of Goods es recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer:on delivery unless Buyer can
. . . provide conclusive.evidence:provingthecontrary, : . . : " - - : ' : :'
(b)The Seller shall not be liable for any-non-delivery of Goods(even if caused by Seller's negligence)unless Buyer gives written notice to Seller of the non-delivery within five(5)business days of the
• - - : :date when the Goods would in the ordina• ry courseof events have been received.: - - - - - • .
: • '(c)Any liability of Seller.for nondelivery of the Goods shall be:limited.tb replacing the Goods within a reasonable time a or adjusting the invoice-respecting such Goods to reflect the actual quantity. . • .
-
q.Quantity.If Seller delivers to Buyer a quantity Goods of up to twenty percent(zo%)more or less than the quantity set.forth in the Sales Confirmation,Buyershall not be entitled to objectto or
'reject the Goods or any portion of them by reason of the:surplus or shortfall and shall:pay for such Goods the:price set forth in the Sales Confirmetion.adjusted pro rata.: . ' . . ' : . _ _'
5.Shipping Terms.Seller shall make deliveryin accordance with the teims onthe face of the Sales Confirrnation.- _
6.title and Risk of Loss.-Titleand risk of loss passes to Buyer-upon delivery the:Goods at the Delivery-Point:As collateral security for the paymentofthe purchase price of the Goods,.Buyer hereby. -
-- - : grants-to Seller a lien on and security interest iri and to:all of the right,title and interest of Buyer in,to and under the,Goods,wherever located,:and.whether now existing or hereafter arising or. • :
.acquired from time to time and in all accessions thereto and replacements or modifications thereof,as'wellasallproceeds(including insurance proceeds)of the foregoing.•The•securityinterest
. . :granted under:this provision constitutes a purchase money securityinterest under the-Illinois Uniform CommercialCode. - - - - ' • •
- - -7.Amendment and Modification.TheseTerms may only he amended or modified in a writing which specifically states that it amends these Terms:and is signed by an authorized:representative of each :
•
• .. .8.Inspection.and Rejection.of Nonconforming Goods. . . : _ ' - • . '
- - - - (a)Buyer shaltinspect the_Godds within five(5)business:days of receipt("Inspection Period").:Buyer will be deemed to have accepted the Goods unless it notifies Seller in:viriting of any: - : :- '
. -Nonconforming Goods during the Inspection Period and furnishes such written evidence or.other documentation as required by Seller."Nonconforining.Goods"means only the.following:(i)product .
. • shipped is different then identified in Buyer's purchase order;or Oil product's label or packaging incorrectly identifies its contents. - • :
' - (b)If Buyer timely notifies.Seller of any Nonconforming Goods,Seller shall,in its sole discretion,(i)replace such:Nonconforning:Goods with:conforming Goods,or(fi)credit or refund the Price for such , : -
Nonconforming Goods,together with any reasonable shipping.andhandling expenses incurred by Buyer in connection therewith.Buyer.shallship;at its expense and risk of loss,.the Nonconforming. -.
. . Goods to Seller's facility located at the address indicated in the Sales Confirmation.If Seller exercises its option to replaceNonconforming Goods,Seller shall,after receiving Buyer's shipment of : .
Nonconforming Goods,:ship to:Buyer;at Buyer's expense and risk Of loss,the replaced Goods to the Delivery Point.. ;" - ; " ' • : ' " • : : ' - ' _ :- • ,- • -
. . - . (c)Buyer acknowledges and agrees that the remedies set forth in Section 8(b)are Buyer's exclusive remedies for the delivery of Nonconforming Goods.Except.as provided under Section 8(b),all. .
sales:of Goods to Buyer aremade:on aone-way basisand Buyer has no right to return Goods purchased under this Agreement to Seller. ' • - • -
: ' . . . 9:Price. . . . . . . . . . . . .. . . - .. . .. . .. .. . .. - .. . .
'"(a),Buyer shall purchase the Goods from Seller at the prices(the"Prices")-set forth in Seller's published price list in force as of the.date that Seller.accepts Buyer's purchase order.If the Pricesshould' '
•• _ " be increased by Seller before delivery of the Goods toecarrier for shipment to Buyer,then these Terms shall be construed:as if the increased prices were originally:inserted'herein,and Buyer shall be :
• - . - - - billed by Seller on the basis of such increased.prices: ' - , - " ' ' - ' - ,- • - - • : - - • - - -' - • -- - - - .
. " _ •. .(h)All Prices are exclusive of ail sales,use and excise'taxes,and any other similar taxes,duties and charges of any kind imposed by any Governmental Authority on any-amounts payable by Buyer. .
" - _ _.Buyer shall be responsible for all such charges,costs and taxes;provided;that,Buyer shall not be responsible forany taxes imposed on,or with respect to,Seller's income,revenues,gross receipts, • ' -
" • •personnel or real or personal property or other assets - '' - •- • - - • - - - • ;' • : • _ - ," - - -' - - - . - , • -
. to.Payment Terms. - - ..
'.(a)Buyer shall pay all invoiced amounts due:to Seller and by the payment methods In accordance With the"payment terms of the Sales Confirmation: _ - • _
• • • ". (b)Buyer shall pay interest on all late payments at the lesser of the rate of one and a half percent:0.5%)interest per month or the highest rate permissible under applicable law;calculated daily and '- " '
•compounded monthly.Buyer shall reimburse Sellerfor all costs incurred in collecting any late payments,including,without limitation,-attorneys!fees.In addition to all other remedies available under
'• these Terms or at jaw(which Seller does not waive by the exercise Of any rights.hereunder),Seller_shall be entitled to suspend the delivery:of any Goods if Buyer fails.to-pay any amounts when.due - -
- hereunder and such failure•continues.for five.(5-)business days following notice thereof. - - •- . •- - - •- . -- . . •- - - •- - - - -
• ' ' (c)Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim ordispute with Seller,whetherrelatingto.Seller's breach,bankruptcy or otherwise.
Umited.Warranty... : . _ _ . - . _ . - _ . - . . . . . -
(a)Seller warrants to Buyer that for a period of.two(z)years from the date of shipment of the Goods("Warranty.Period"),that Goodswill materially conform to the specifi cations setforth in• _ -- -
Seller's published specifications in effect as of the date ofshipment under the corresponding Individual Transaction.] - -
'. -' (b)EXCEPT FOR THE WARRANTY SET FORTH IN SECTION tt(A);SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE:GOODS,INCLUDING ANY(a)WARRANTY OF MERCHANTABILITY; : -
• - . (OR](b)WARRANTY OF FITNESS FOR PARTICULAR PURPOSE;WHETHER.EXPRESS OR IMPLIED BY LAW,COURSE OF DEALING,COURSE OF PERFORMANCE,-USAGE..OF TRADE OR:OTHERWISE:- • -
• •.(c)Products manufactured.by a third party("Third Party Product")may constitute,'contain;be containedin,incorporated into,attached to or packaged together with,the Goods.Third Products ' " •
are not covered by the warranty.in Section tt(a)."Forthe avoidance of doubt,.SELLER MAKES NO REPRESENTATIONSOR WARRANTIES WITH RESPECT.TO ANY THIRD PARTY PRODUCT,INCLUDING' - ' • '
. "•ANY(a)WARRANTY OF MERCHANTABILITY;(b)WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE;(c)WARRANTY OF TITLE;'OR(d)WARRANTY AGAINST INFRINGEMENTOF INTELLECTUAL - " .
PROPERTY RIGHTS OF A-THIRD PARTY;WHETHER'EXPRESSOR IMPLIED BY LAW;COURSE OF DEALING,COURSE OF PERFORMANCE,USAGE OF TRADE OR OTHERWISE. • -
(d)The Seller shall not be liable for a breach of the warranty set forth inSection tt(a)unless:(i)Buyer"gives written notice'of:the defect,-reasonably described,to Seller.within five(5)business days of •" • • _ -
-"'.the time when Buyer discovers or ought to have discovered the defect;(ii)Selleris given a reasonable opportunity after receiving the notice to examine such Goods and Buyer(if requested to do so by -
. ' Seller)returns such Goods to Seller's place of business'at Seller's cost for the examination to take place there;and(iii)Seller reasonably verifies Buyer's claim that the Goods are defective.] • • ' ' -
- (e)The Seller shall not be liable fora breach of the warranty setforth in Section tt(a)if:(i)Buyer a makes ny further.use of such Goods after givingsuch notice;(ii)the defect arises because Buyer failed: '
• - - to followSeller's oral or written instructions as to the storage,installation,commissioning,use or maintenance of the Goods;"or(iii)Buyeraltersor repairs such Goods without the prior written -- -
- - -.consent of Seller. _ - - - -
- (f)Subject to Section n(d)and Sectionit(e)above,.with respect to:any such Goods during the Warranty Period;Seller shall,in its sole discretion,either;(i)repair or replace such Goods(or the: ' • •
.•defective part)or(ii)creditor refund the price of such Goods at the pro rata contract rate provided.that,if Seller so requests,Buyer shall,at-Seller's expense,return such Goods to Seller.'• --
- (g)THE REMEDIESSET FORTH INSECTION'tt(F)SHALL BE THE BUYER'S SO.LE AND EXCLUSIVE REMEDY.AND SELLER'S'ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET.FORTH IN- •.- '
.
(a)IN No'EVENTSHALL'SELLER BE LIABLE FORANYCONSEQUENTIAL,INDIRECT,INCIDENTAL;SPECIAL,EXEMPLARY,OR PUNITIVE DAMAGES;LOST'P.ROFITS OR REVENUES OR DIMINUTION IN" ' - - •. -
VALUE,ARISING OUT OF OR RELATING TO ANY BREACH OFTHESE TERMS,WHETHER OR NOT THE POSSIBILITY OF.SUCH DAMAGES HAS BEEN DISCLOSED INADVANCE BY BUYER OR COULD HAVE- - .' '
. BEEN REASONABLY FORESEEN BY BUYER,.REGARDLESS OFTHE LEGAL OR;EQUITABLE.THEORY(CONTRACT,TORT OR OTHERWISE)UPON WHICH THE CLAIM IS BASED,AND'NOTWITHSTANDING THE- - --
_FAILURE OF ANY AGREED'OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.• • .• • - - .- • - - - - ' - - •
•• - (b) : ' IN NO EVENT SHALL SELLERISAGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THISAGREEMENT;WHETHER ARISING OUTOFOR RELATED TO BREACH OF CONTRACT,TORT. "• . :
-(INCLUDING NEGLIGENCE)OR OTHERWISE.EXCEEDTHETOTAL OFTHE AMOUNTS PAID TO.SELLER FOR THE GOODS SOLD HEREUNDER.'- • - .'
H I BI °
. .. .. . .
'. .(c)The limitation of liabilityset forth in Section 12(b.)above shall not apply to(i)liability resulting from Seller's gross negligence or willful misconduct and(ii)death.or bodily injury resulting from Seller's.
...
.
. : -13:Insurance:During the term of this Agreement,Buyer shall,'at its own expense,maintain and carry insurance infull force and effect which Includes,but is hot limited to,commercial general liability , "
. . . (including product liability)in a sum no less than4i;000,000.00.peroccurrence/$2,000,noo.00generalaggregate)sycoo,000.00productswithfinanciallysoundandreputableinsurers.UponSelfer's: - -
- request,Buyer shall provide Seller with a certificate of insurance from-Buyer's insurer evidencing the insurance coverage specified in these Terms.: • - -
i4.Installation.'Buyer acknowledges and understands that Sales Confirmation:and these terns only covers the purchase of:the goods as stated in the Sales Confirmation.Seller makes no'."_ . ' : :
- -representation,warranty or promise.to provide any installation services for the goods under theseTerms,unless otherwise stated in a separateagreement;signed by both parties and hereto. _ - _
incorporated,.
' ' . : - : 15•Electrical Product Certification.Buyer understands and acknowledges.that all goods_underthese Terms will be:certifiedby:either the Canadian StandardsAssociation:(CSA)or the Underwriters : :
. .Laboratories.(UL);and Seller does.notmake any representation,.warranties or guarantee as to which certification,CSA or.UL,any good will have.Buyer further agrees and acknowledges.that by _
-: ' . •submitting a Purchase Order has accept to receive goods with either certification.:. - _'
• • ' " -16:Compliance with Law:Buyer shall comply with all applicable laws;regulations:and ordinances:Buyer shall:maintain in effect all the licenses,permissions,'authorizations,consents and permits that It : "
. . - . needs to carry out its obligations under thisAgreement[Buyer shall comply with all export and import laws of all countries involved In the sale of the Goods under.this Agreement or any-resale of the '
. .Goods by Buyer.Buyer assumes:all responsibility for shipments of Goods requiring any-government import clearance; m Seller may terminate this Agreement if any governmental authority imposes' _ _ -
• ' . antidumping or countervailing duties or any other penalties on Goods.]: ' : - - - : ' - : .' - ' - .' - ' : - - ' ' " : : ' ' '"
.. -17.Termination.In addition to.any remediesthat may be provided undertheseTerms,Sellermay.terminate this Agreement with immediate effect upon written notice to Buyer,if Buyer'(i)fails to pay
_ any.amount when dueunder'this Agreement and such failure continues'for five(5)business days after Buyer's receipt of written notice ofnonpayment;(a)has not otherwise performed Or complied.- • .
:" • " with:any of these Terms,in whole or in part;or(iii)becomes insolvent,files a petition for bankruptcy or commences or:hascommenced against it proceedings relating to bankruptcy,receivership; : . ' • :
reorganization orassigninent for the benefit of creditors.. ' - -
• . -i8.Waiver:No waiver by Seller of any of the provisions of:this Agreement Is effective unless explicitly set forth:in writing and:signed by Seller.:No failure to exercise,or delay in exercising,any right;
. : ' -remedy,power or privilege arisingfrom this Agreement operates,or maybe construed,"as a waiver thereof.No single or partial•exercise of any right,remedy,power or privilege hereunder.precludes• ' : '
any.otherorfurtherexercisethereofortheexerciseofanyotherright,remedy;powerorprivilege.-. . - - -
' ' :' • 19.Confidential Information.All non-public,confidential or proprietary information of Seller;including but not limited:to specifications;samples;patterns,designs;plans,drawings,documents,data,. : ' •
. ' , , business operations,customer lists;pricing,discounts or rebates,disclosed Seller to Buyer,whether disclosed orally or disclosed or accessed in written,electronic orother form ormedia,and: - :' ' : : • -
•whether or not marked,designated or otherwise identified as"confidential"in connection'with this Agreement is confidential,solely for.the use of performing this Agreement and.maynot be. .
" : disclosed or copied unless authorized in advance by Seller in writing:Upon Sellers request Buyer shall promptly return:all documents and other materials received from Seller.Seller shall be entitled - :
. • : ' • ' to.injunctive relief for any violation of this Section.This Section does not apply to Information that is:(a)in the public domain;(b)knownto Buyer at the time of disclosure;or(c)rightfully obtained by -
Buyeronanon-confidential basis from'a third partly.
- • . _2o.Force Maleure.The Seller.shall not be liable or responsible to Buyer,nor be deemedto have defaulted or breached this.Agreement,for any failure or delay in fulfilling or:perforrning any term'of:this:
• • • • • •Agreementwhen and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control.of Seller including;without limitation;.actsof God,flood:fire; : _ " • -
earthquake;explosion;governmental actions,war;invasion or hostilities(whether war is declared or not),terrorist threats or acts,riot,or other civil unrest,national revolution,. , • • '
'.insurrection;epidemic,lockouts,strikes or other labor disputes(whether or not relating to either party's workforce),or restraints or delays affecting carriers or inability or delay in obtaining supplies of:
: • adequate or suitable materials,materials or telecommunication breakdown orpower outage. : ' • '- - - - : _ - - • • • • . - • • . :• • • •
• 21:Assignment.Buyer shall not assign any of its rights or delegate any of Its obligations underthis Agreement without the prior written consent of Seller._Any purported assignment or delegation in
violation of this Section is null andvoid.No assignment or delegation relieves Buyer of any of its'obligations underthis Agreement:, "" - - - ' ' - '
- . - 22,Relationship of the Parties:The relationship between the parties is that of independent contractors.Nothing contained inthis Agreement shall be construed as'creating any agency,partnership,_ :- ' - •
joint venture or other form of joint enterprise,-employment or fiduciary relationship between the parties,and neither party shall have authority tocontract for or bind the other party in any manner
.whatsoever.. ..
-.23-.Noi hlyd-Party Beneficiaries.T benefit-of
his Agreement is for the sole bfit of the parties-hereto
and
h their respective successors and permitted assigns and nothing herein,-express or implied,is•intended to _' .
" or shall confer upon any other person or entity any legal or equitable right,benefit or remedy of any whatsoever under orby reason of these Terms. • - - -
• • • ' 24.Governing Law.All matters arising out of or relating to_this Agreement is governed by and construed In accordance with the internal laws of.the State of Illinois without giving effect to any-choice '
• or conflict of law provision or rule(whether of the State of Illinois or any other Jurisdiction)that would cause the application of the laws of any jurisdiction other than those of the-State of Illinois.-' -- . - • -
.25:Submission to Jurisdiction.Any legal"suit,action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the of• - -
the State of Illinois'!"each caselocated in the-city of Chicago and County of Cook;and each party Irrevocably submits to.the exclusivejurisdiction'of such Courts inanysuchsuit,action or-proceeding. _ " - :
• • ••26.Notices:All notices;request,consents,claims;demands,waivers and other communications hereunder(each;a"Notice")shall be in writing and addressed to-the parties'at the addresses set forth. -- - -
on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing.All Notices shall be delivered by personal delivery,nationally recognized -
overnight courier(with all fees pre-paid),facsimile(with confirnationof transmission)or certified.or registered mail(in each case;return receipt requested,postage Prepaid).Except as otherwise: ' - _ "' "
- provided in this Agreement,a Notice is effective only(a).upon receipt of the receiving party;and.(6)if the"party giving the Notice has complied with the requirements-of this Section.• - • • •- .
27:Severability.if any tern or provision of this Agreement is invalid,illegal or unenforceable in any jurisdiction,such invalidity;illegality or urienforceability'shall not affect any_ other term or provision - - -
-- • ofthis•Agreementorinvalidateorrenderunenforceable such term or provision in any otherjurisdiction,'' • - - ' . ' • - • . . •
- . • 28.Survival.Provisions of these Terns which by their nature should apply beyond their terns will remain in force after.any termi_natiion or_expiration of this order including,but.not limited to,the. • •
following provisions:Compliance with Laws,Confidential Information,Governing Law,Submission-to Jurisdiction and Survival.. ' . ' - " - ' ' - : • - ' • - •.- •
•
Date of'acceptance: signature: . .'. "
INSTALLATION MANUAL)
Diapason
201739 - 201804
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v 6-8 rue Michael Faraday 72027 L a Mans Cedes 2-France 201730-201804.1
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•fix " r 201523:Sylma
", " .• 3D Standing,animated by spotlight
6mx11m-360kg-1450W
'r 170074:Perle.Scintillante
- a „,
' 2m pole decor -
Fourin- Sylma - pure white mini lights with warm white edges _ I� GR u P E
Carmeej Indiana Yl .
1/ Leblanc.
Leblanc: : .
Maitre en L.umic�res
:• LETTER OF REPRESENTATION .•. . • -.
•
. .: • • • : : :March 16th,.201.6
- I,:the undersigned,'Pascal`'Fouineau;:Export•Sales:Manager .GROUPS:
- LEBLANC located in Le Mans (France)hereby that GROUPE.LEBLANC'designs •_ • •
and manufactures.specific_products,that-are'not availa•ble'any•where else: These. • - -
products are unique and protected.designs.-: = .-
• Artistic:Holiday Design is the:exclusive--distributor.for.GROUPE'LEBLANC:in- " = • - •
Carmel,.Indiana,:USA: _ •- - -.
• . • Pascal FOUINEAU : : • -
Expo - s1VI ages . . . - • -
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Siren 482'3�3 e49
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www:groupe;leblanc.coin" — —' —
- - "acupe Lebiancr 6.6 roe MicN F allay:72D27 Le Mans Cedex 2 France - -
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation &Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident/Disease: $100,000 each employee
Bodily Injury by Accident/Disease: $250,000 each accident
Bodily Injury by Accident/Disease: $500,000 policy limit
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit(other than
Products/Completed Operations): $500,000
Products/Completed Operations: $500,000
Personal &Advertising Injury
Policy Limit: $500,000
Each Occurrence Limit: $250,000
Fire Damage (any one fire): $250,000
Medical Expense Limit(any one person): $ 50,000
Comprehensive Auto Liability (owned, hired and non-owned)
Bodily Single Limit: $500,000 each accident
Injury and property damage: $500,000 each accident
Policy Limit: $500,000
Umbrella Excess Liability
Each occurrence and aggregate: $500,000
Maximum deductible: $ 10,000
EXHIBIT D
A H'1JMVI1'
62' ' 4r—.i .i _ • ,�.. lzw i nt; first duly sw•urn,di;puweh and sayN that
heis n is familiar with and ha%perxonal knowledge or 1 he facts herein and. if called ar z wi tries%•in this
matter,could tvilify a folioti3s:
t, I :im ever eighteen(1 lit yew of age and am competent to testify to the facts contained
herein.
2. I ,'ni now and at;tll times relevant!mein kW:been employed by
s_ £,t6 (the"Employer")
in the pci'4t ioA f 5:, � �.�o
_ I am d ami l i ar with the employment p++1 ie i e; pract I cc;and pnncedurct of he Employer and
twee the:Lulihutity to act on behalf of the Employer.
4. The Employer i%enrolled and participates in the federal E-Verify progruen. Documentation
of this enrollment and participation is rllarlied and incorporated herein.
5, The Employer dunes not knowingly employ any unauthorized aligns.
G. TO the best of my in formal ion and belief.the rnlptayrr dcxs not currently employ;my
unauthorized aliens.
7, FURTHER AFFIA NT SAY!='11I NOT.
EXECUTED.on the 7 day of Z 2i1 ,
[Tinted: j r4 Aleacturi
certify under the prnaltie% for perjury undcr the law+of the Unilo4:tlate%of America and the State of
Indiana that the foregoing I f;L{lu ILI wtalc mci Lt and re pees ntal i Lin% Ili true AnLI eiIieei,
Printed: __Cetnee.Z. —
_z_ve Ste,
rs An
Company ID Number: 955972
Approved by:
Employer
Artistic Holiday Design LLC V
Name (Please Type or Print) Title
Derek Norwood
Signature Date
Electronically Signed 03/17/2016
Department of Homeland Security—Verification Division
Name (Please Type or Print) Title
USCIS Verification Division
Signature Date
Electronically Signed 03/18/2016
Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
_. : ; ::EXHIBIT:D . : : : . = . - • .
•
AFFIDAVIT
/047)4. • • • •• being.first duly sworn,:deposes arid•says that
he/she-is familiar with and has-personal knowledge.of the.facts.herein and;.if calledas a witness in tlii . . .
matter,could testify.as follows: -
- 1_. : 'I am over eighteen (1:8)-years:of age and am competent to:testify:to:the facts:contained : -•
2. : _: .I am:now and:at-all:times relevant herein have been employed by
. _A7 I%t. /#441f , �� � L�G - • (the"Employer'): . .
in-the position of p-�5/ . . - .
3: I am familiar with the'empl_oymentpolicies,:practices;and procedures of_the Employer and
have the authority-to act on behalf:of theEiilployer:. • • : -.•. : . •
- • 4: The=Employer is enrolled and_participates,in the.federal E=Verifyprogram Documentat oil
of:this.emollmentand-participation is attached and iticorporated.herein.'.
5. •The Employer does not knowingly employ any unauthorized aliens. • -
6: To:the.best of my information-and:belief,the:Employer_does:not:currently employ any � -
=unauthorized aliens:. • � -
• - - 7. • FURTHER AFFIANT.SAYETH.NOT: •-
. . EXECUTED.on the 7. - day of • lc-, - - - - .
Printed: P
I certify under the penalties for.peijuiy under the laws-of The United States of.America:and the:State of : •.
Indiana that•the.foregoing factual-statements and representations-are true and,correct.
nn
. . .Printed: ./16f-R/
EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
_ /sr•r� �?w-6'c
E-Verifyc � '�l;lllpll
Company ID Number: 955972
Information Required for the E-Verify Program
Information relating to your Company:
Artistic Holiday Design LLC
Company Name
2030 Parkes Drive
Broadview, IL 60155
Company Facility Address
Company Alternate Address
County or Parish COOK
Employer Identification Number 474074306
North American Industry 713
Classification Systems Code
Parent Company
Number of Employees 1 to 4
Number of Sites Verified for 1
Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
i°Fi•�'r n 6t�'L
rIE-VeriFy- o....�. ...
Company ID Number: 955972
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
ILLINOIS 1 site(s)
Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
e>"-„",
HE-Verify
Company ID Number: 955972
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name Derek Norwood
Phone Number (708)878-8535
Fax Number
Email Address derekn@artisticholidaydesigns.com
Page 16 of 17 E-Verify MOU for Employers t Revision Date 06/01/13
`tc,,
IIIIIII
Company ID Number: 955972
Page intentionally left blank
Page 17 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
ciii JgCdirmel
INDIANA RETAIL TAX EXEMPT Page 1 of 1
/}� o f CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT 33608
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP
CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS,
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 SHIPPING LABELS AND ANY CORRESPONDENCE
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
3/30/2016 370478 HOLIDAY LIGHTING DISPLAYS
ARTISTIC HOLIDAY DESIGNS Community Relations
VENDOR 2030 PARKES DRIVE SHIP 1 Civic Square
TO Carmel,IN 46032-
BROADVIEW,IL 60155-
CONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT
QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION
Department: 1203 Account: 43-593.00 Fund: 101 General Fund
1 Each HOLIDAY LIGHTING DISPLAY $85,983.95 $85,983.95
Sub Total $85,983.95
DETAILS: •
For placement at City Center, Center Green & Reflecting Pool
-Diapason with lighting package, controls andrmounting
equipment $41,339 .46
-Sylma with lighting package, mesh and concrete points.
for installation $52,994 . 60
$94,334 .06
-Shipping Estimate $ 5,800 .00
-Early Order Discount _��• ° ',- _ -$14,150 . 11
&
- ' -_ ▪ - $85,983 . 95
k S = , ,'a , a• .'. -----,:"'SA:'-
Jr ri/ \-'-, �`\k
/
,�. \
f f .-,1,-N' 'S'• t4 (
�,. 9.G q4 k n i ti { Y ICJ- -4Y▪ S� -' '
Send Invoice To: 'ab ,� ", '- ' � ..:fit _' ` ,- ° r
Community Relations x, 'FOR PLACEMENT AT CITY CENTER,CENTER GREEN&REFLECTING POOL
1 Civic Square • -,; t
r
Carmel, IN 46032- gr`,I "'�
PLEASE INVOICE IN DUPLICATE
DEPARTMENT I ACCOUNT PROJECT I PROJECT ACCOUNT AMOUNT
PAYMENT ( $85,983.95
SHIPPING INSTRUCTIONS *ASP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
*C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL r
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 _
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY ' —
/TITLE �
CONTROL NO. 33608 CLERK-TREASURER