Beasley Tree Service $easley Tree Service
DOCS-2000
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APPROVED, AS TO
FORM BY: ..
AGREEMENT FOR PURCHASE OF GOODS AND SERVICES
THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby
made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of
Public Works and Safety ("City"), and Beasley Tree Service ("Vendor").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Vendor acknowledges that it has read and understands this Agreement, and agrees that its
execution of same and/or its provision of any goods and/or services ("Goods and Services")
hereunder shall constitute Vendor's acceptance of all of the Agreement's teinis and conditions.
2. PERFORMANCE:
City agrees to purchase the tree removal and related Goods and Services described in attached
Exhibit A, which is incorporated herein by this reference, and Vendor agrees to provide same and
to otherwise perform the requirements of this Agreement and to execute its responsibilities
hereunder by following and applying at all times the highest professional and technical guidelines
and standards.
3. PRICE AND PAYMENT TERMS:
The total price for the Goods and Services contemplated herein shall be no more than the amounts
set forth in attached Exhibit A. 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 thirty (30) 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 accordance 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. Subject to the
above, if the undisputed invoice amount is not paid within thirty (30) days of its receipt by City,
Vendor shall so notify City. If such amount as is not disputed is not thereafter paid within ten (10)
business days from the date such notice is received by City, then a late charge in a sum equal to
one percent (1%) of such unpaid and undisputed invoice amount shall accrue and be immediately
due and payable by City to Vendor as a separate debt for each month it remains unpaid. In the
event an invoice amount is disputed, City shall so notify Vendor. If such dispute is not resolved to
City's satisfaction within five (5) business days after notice of such dispute is given, City shall pay
such amount as is in dispute, under protest, into the Cannel City Court, which court shall hold
such monies until provided with a settlement agreement signed by both parties hereto or a final
judgment has been entered thereon.
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4. WARRANTY:
Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to
the specifications, drawings, samples, instructions, directions and/or descriptions thereof furnished
to Vendor by City and/or by Vendor to and accepted by City, that the Goods and Services will be
delivered in a timely, good and workmanlike manner and free from defect. In addition, Vendor
acknowledges that it knows of City's intended use and expressly warrants that the Goods and
Services covered by this Agreement have been selected and provided by Vendor based upon City's
stated use and will be fit and sufficient for the particular purposes intended by City.
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 infoiliiation relating thereto. Prior to and with 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 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. Vendor shall indemnify and hold harmless City from and against
any and all liabilities, losses, claims, costs and expenses, including, but not limited to, attorney
fees incurred by City in connection with any such lien and/or the removal thereof This
indemnification obligation shall survive the termination of this Agreement.
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, files, or has filed
against it, a petition in bankruptcy, for receivership or other insolvency proceeding, makes a
general assignment for the benefit of creditors or, if Vendor is a partnership or corporation,
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; (2) obtain, upon such
terms and in such manner as City deems appropriate in its sole discretion, the same or similar
Goods and Services which were to be provided to City by Vendor, and Vendor shall be liable to
City for any excess costs of the City in obtaining same; and (3) exercise any other rights or
remedies as are available to City at law and/or in equity.
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•
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 and reasonably acceptable to City, such
insurance as is necessary for the protection of City and Vendor from any and all claims for
damages or otherwise 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 and all of Vendor's agents, officers, employees, contractors,
subcontractors and other persons; because of any injury to or destruction of property, including,
but not limited to, loss of use resulting therefrom; or, otherwise. The coverage amounts shall be
no less than those amounts set forth in attached Exhibit A. Vendor shall cause its insurers to name
City as an additional insured on all 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 haiiiiless 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, Vendor's use of City property, or otherwise, except for such liabilities, claims or
demands that arise directly and solely out of the negligence of City. 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, subcontractors and other persons in the performance of this
Agreement, or otherwise. These indemnification obligations shall survive the termination of this
Agreement.
10. GOVERNMENT COMPLIANCE:
Vendor agrees to comply with all present and future federal, state and local laws, executive orders,
rules, regulations, codes and ordinances 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, codes and
ordinances. 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,
subcontractors and other persons shall comply with all existing and future 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 the hire, tenure, terms, conditions or privileges of employment and to
any other matter directly or indirectly related to employment or subcontracting because of race,
religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or
Vietnam era veteran status. City reserves the right to collect a penalty as provided in IC 5-16-6-1
for any person so discriminated against.
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12. NO IMPLIED WAIVER:
The failure of either party at any time to require performance by the other of any provision of this
Agreement shall in no way 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 thereof
13. 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.
14. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and Vendor and
all of its officers, employees, contractors, subcontractors, agents and other persons are not and
shall not become employees of City, and the sole responsibility to pay to or for same all statutory,
contractual and other benefits shall remain exclusively with Vendor. The contract price set forth
herein to be paid hereunder by City to Vendor shall be the full and maximum compensation and
monies required of City to be paid to Vendor under or pursuant to this Agreement.
15. 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 further agree that, in the event a
lawsuit is filed hereunder, they waive any rights to a jury trial they may have, 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.
16. 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 such statute, regulation, ordinance, order or rule, and the
remaining provisions of this Agreement shall remain in full force and effect.
17. NOTICE:
Subject to paragraph 16 hereinabove, 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 Caitnel
One Civic Square
Carmel, Indiana 46032
ATTN: Steve Engelking
(with a copy to City Attorney,
One Civic Square, Carmel, IN 46032)
If to Vendor: Beasley Tree Service
11505 East 100 North
Sheridan, Indiana 46069
ATTN: Doug Beasley
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Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be
effective if given orally, as long as written notice is then provided as set forth hereinabove within
ten (10) business days from the date of such oral notice.
18. TERMINATION:
18.1 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 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 teiniination.
18.2 Either party hereto may terminate this Agreement at any time upon thirty (30) days prior
notice to the other party. 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.
19. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the
persons or entities executing this Agreement have the authority to bind the party which they
represent.
20. ADDITIONAL GOODS AND/OR SERVICES
Vendor understands and agrees that City may, from time to time, request Vendor to provide
additional goods and/or services to City. When City desires additional goods and/or services from
Vendor, the Mayor or his duly authorized representative shall notify Vendor of such additional
goods and/or services desired, as well as the time frame in which same are to be provided. Vendor
shall then provide, at no cost to City, an estimated cost for such additional goods and/or services,
as well as the date by which same will be provided to City. Only after City has approved
Vendor's time and cost estimate for the provision of such additional goods and/or services shall
Vendor be authorized to provide same, the identification of which shall be set forth in documents
which shall be numbered and attached hereto in the order they are approved by City.
• 21. TERM
Subject to the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall
be in effect from the Effective Date through December 31, 2000, 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.
22. FORCE MAJEURE
Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to
the extent, same is caused by an event or occurrence beyond the reasonable control of the party
and without its fault or negligence, provided that notice of such delay (including the anticipated
duration of the delay) shall be given by the affected party to the other party within five (5)
business days after the first day of such event or occurrence. During any such period of delay or
failure to perform by Vendor, City, in its sole option, may purchase some or all of the same or
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similar Services and/or additional services from other sources and reduce the Services requested of
Vendor hereunder by such degree, or have Vendor provide some or all of the Services and/or
additional services from other sources at times requested by City and at the prices set forth in this
Agreement.
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
City and Vendor, and their respective officers, officials, agents, partners, successors, assigns and
legal representatives, are bound to the other with respect to this Agreement and to such other
party's officers, officials, agents, partners, successors, assigns and legal representatives in all
respects as to all covenants, agreements and obligations of this Agreement.
25. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone
other than City or Vendor.
26. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it, are fully aware of their
respective rights, have had the opportunity to obtain the advice and assistance of an attorney
throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily,
and without any duress, undue influence, coercion or promise of benefit, except as expressly set
forth herein.
27. 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 conflicts with
any teiin or condition contained in this Agreement, the term or condition contained in this
Agreement shall govern and prevail, unless the parties hereto, or their successors in interest,
expressly and in writing agree otherwise. This Agreement may only be modified by written
amendment executed by both parties hereto, or their successors in interest.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA BEASLEY TREE SERVICE
by and through its Board of Public
Works and Safety
By: By:
'V
ffamesBrdindP7sidficer Authorizedgnature
��
Da
,0.a 6
Printed Name
Mary And,
Burke, Member
Date: 3 --1 CO O l'a/AJAlf
1,�
Title
,ali/
Billy lker Member FID/SSN: T S`" / 7_$0 li f C
Date: a-tv--2erg
Date: .2_/ 7-s-Ce
ATTEST:
ibcAL..,z_i ,,) ,
Diana Cordray, TAME, Cle - reasurer
Date: 6,70 L
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PAGE 02
12/22/1'399 11:31 3177694435 BEASLEY
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. Forestry Degree • DOUG BEASLEY • Tree Care c- cli /-s-
B,; 3JEY...TREE..SERI= a,
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. . 11505 East 100 North
• Sheridan,IN 46069 t
panpaeAL SUEaPAMVO TO E ,e
405 P SW"- Z. z e ... ,.,..: te„;46;-,,„ _
SWIM' JOS NAME r
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ARCUrrECT D 7E OF Pt,Aris JOS PHONE
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We hereby Dubin.,epsel*exeione and estfmote3 too:
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We Propose hereby to furnish mater'ai and labor—complete in accordance with Above specifications,for the sum of:
0.4....;. firiet...,Ji.____ ... *Afars(S i 7 Ye. Ca Q ).
Payment be 'ern fa.folio..,
UPON cOM 01� J ?Y LLOW_MePE WITH RfMITT• ,
All materiel g gusientseci to be as solori!!e. M wont to be completed In a rn weeks
mariner a000rding to standard practices. Any alteration of deviation,From above apecnrations Authorized
ftwC cig eXtra meld will be execuled only uponverntae ardece and will become an extra Slgrta1ure f{
marls over an m d above die aer.nate. AN agreement, cconttngent upon ;Vitae, amidenls or C•�
defers beyond our sonnet Owner tD catty fire, 'arrtacle 8nd otrwr necessary insurance. Our Note:This proposal may to
WCwiiii.3 are folly covered by Workman's Compensation tnaurenaa. withdrawn by us it not accepted wit:tin ___..____ days.
Acceptance of Proposal _The above prime,specificationo
And conditions ere aedSfecoory and.re hors tt'accepted`+tit are authorised to do the Signature
work as specified.Payment will be made as outlined above.
Date of Acceptance: .._.-.. Signature - -.--
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EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No:
Person Service Services Provided Hourly Hours Total
Performing Date (Describe in detail in one- Rate Worked
Service tenth hour units)
GRAND TOTAL
Signature
Printed Name
t92-09-(}6) IS: 28 BURKHART INS ID----8128823689 PG1/02
ACCRA, CERTIFICATE OF LIABILITY IN 5UKANUte cs 1 �o2to9faa
PROOfICER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. Burkhart Insurance Agency Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
1600 Willow 3t. , Suite B ALTER THE COVERAGE AFFORDED HY THE POLICIES BELOW.--_--1
Vincennes IN 47591 INSURERS AFFORDING COVERAGEPhone: 812-882-3600 Fax:812-882-3689
INSURED INSURERa: CNA Insurance Companies
Beasley Tree Service INSURER Elk
Douglas E. Beasley DIE tto5ua6aC:
Douglas E BeasleyBeasl
11505 E 100 N INSURER I)!
Sheridan IN 46069
1 INSURER E
^COVERAGES
ME POUCLS OF I&SURANCE USTEIDST®BB,O N NAVE KEN 13SUED TO TIRE(HSURED NAMED ABOVE FOR wE POLICY PERIOD INDICATED NG
ANY REOUIREMEHT TeRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1NIS CERTIFICATE MAY DC ISSUED OA
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESDIMSED HEREIN a s JDJEcr TO ALL DIE TERMS.EXCLUSIONS AND cONOnloNS OF SUCH
POLICIES.AGGREGATE LIMITS MOM NAY NAVE REEL REDUCED BY PAID CLAM&
TYPE OF IN ._
SU ANCE POLICY NEAIBER �pATB{M IDrYYYi - .. t ..._.li 1 LIMITS
GENERAL LIA@iUTY EACH OCCURRENCE $500,000
A X COMMERCIAL tMEERALLIABILfl7 a 1077855897 05/28/99 1 05/28/00 PIRDAMAGE(Any onsets) $100,000
I CLAIus sum OCCUR MED EJIP(Any ems per} s5,000
{ PERSONAL&ADV INJURY $500,000 ._
1.......... GENERAL AGGREGATE $1,000,000
GHrL AOOREOATE LIMIT APPUE$PER PRDDUCTs-COIMPIOP AGO $1,0 0 0,000
POLICY ,5a n LOC
AUTOUOBILE LIABILITY COMBINED SINGLE UNIT
— ANY AUTO see
$
.---.- AU.OWNED AUTOS BOGEY INJURY $
SCHEDULED AUTOS te'P« I ,
HIRED AUTOS BODILY INJURY $
NON•OWNEM AUTOS (Ps`aocklonq
t--
PROPERTY DAMAGE •
(Per accident)
GARAGE LIARIUTY AUTO ONLY-EA ACCIDENT $
ANY AUTO r OTHER THAN EA $
AUTO ONLY; AGO $
EXCESS UABIU1Y EACH OCCuRtz>�10E $
OCCUR ri CLAIMS MADE AGGREGATE _ .r�W
$
DEDUCTIBLE $
RETENTION 1IflON $ S
WORKERS COMPIISZATION AND TORY LJ'IITS; ER.
A eRlaPl°YEwsuaelu�rY WC 1 77855918 05/28/99 05/28/00 E.L EACH ACCI T 3100000
—`
EL DISEASE-EA EITFL 3100000
1 EL-DisEAss-POUCYLIMIT $500000
OTHER - `
A Commercial Applica H 1077855897 05/28/99 05/28/00
A E i at Floater 91 77855902 05/28/99 05/28/00
UBS RWHON OF OPERATIONSAI.00ATIONSNEIRICI,E NE ADDED BY ENDORDEEENTRMP€I7AL PROVISIONS
CERTIFICATE HOLDER N (ADOIT1ONAL INSURED;INSURER I_ rrn CANCELLATION
Cz TYC:AR SHOULD ANY OF THE ABOVE=SCRIUM POUCIES ES CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER RILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
City of Ca,ie6.1. NOTICE TO THE CERTW1GATE HOLDER RAMMED TO THE LET,BLOT FAILURE To CO$o BELL
Mike1Ci'v- HOB 7 gh IMPOSE NO OBLIGATION OR LRABEITY OF ANY KIND UPON WE INSURER.ITS AGENTS OR
1Ci,ra.c Square
Carmel IN 46032 REPRESENTATNES.
L Anth- S B •�w
ACORD 25-S t7 1 .� y ACORD CORPORATION 1989
02-(99-GG 15:29 BURKHART INS ID=8128823689 PG2f&2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the pdicy(ies)mist be endorsed.A statement
on this certificate does not confer rights to the certificate holder In ties of such endorsement(s).
tf SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may
require an endorsement.A statement on this certificate does not confer rights to the certificate •
holder In NM of such endorasment4s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(),authorized representative or producer,and the certificate holder,nor does it
affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon.
*CORD 2(7)
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of Carme
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March 3, 2000
Doug Beasley
Beasley Tree Service
11505 East 100 North
Sheridan, IN 46069
Dear Mr. Beasley:
On March 1, 2000, the Board of Public Works and Safety approved a contract to do
business with your company. Enclosed are several documents which will ensure a
successful and profitable business relationship with the City of Carmel.
Please review the enclosed sample invoice (Exhibit B of your contract). You do not
need to use this specific form, but we require you to submit the requested information in
a similar layout. This format replaces any other form previously used by the City and is
effective upon approval of your contract.
We ask that you also review and complete the enclosed questionnaire and the attached
W-9. We must receive these forms in order to process your claims for services
rendered.
I have enclosed a copy of the signed agreement between your company and the City.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
Sincerely,
q2.07 >°fLe<'‘if-eV
Robin L. Butler
Deputy Clerk
Enclosures
pc: James Kinder, Director of Carmel Clay Communications Center
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400