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Home My WebLink About258086 04/29/16 CITY OF CARMEL, INDIANA VENDOR: 033825 ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $*******160.00* ® � CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 258086 vM,�roN SUITE 1515 CHECK DATE: 04/29/16 CHICAGO IL 60675-1515 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4463201 33576 CNS6721 160.00 CITY HALL DVR HARD DR VOUCHER NO. WARRANT NO. ALLOWED 20 CDW GOVERNMENT INC 75 REMITTANCE DR . .IN SUM OF$ SUITE 151.5 CHICAGO, 1L 60675-1515 $160.00 ON ACCOUNT OF APPROPRIATION FOR Communications PO#!Dept. INVOICE NO. ACCT#/Fund AMOUNT Board Members 33576 CNS6721 44-632.01 $360.0,0 1115 101 I hereby certify that the attached invoice(s), or bill(s) is(are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Monday, April 18, 2016 Terry Crockett. Director Cost distribution ledger classification if claim paid motor vehicle highway fund prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 4n invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by Nhom, rates per day;number of hours, rate per hour, number of units, price per unit,etc. Payee Purchase Order No. Terms Date Due Invoice Date invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 03/30/16 CNS6721 $160.00 1115 101 I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and l have audited same inaccordance with IC 5-11-10-1:6 20 Clerk-Treasurer INVOICE DATE INVOICE NUMBER PAYMENT,TERMS DUE DATE 03/30/16 CNS6721 Net 30 Days 04/29/16 ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER 03/30/16 UPS Ground(Indy 1-2 day) 33576 1674420 ITEM NUMBER DESCRIPTIONQTY' QTY CITY UNIT PRICE TOTAL ORD SHIP B/O 2844139 WD RE 2TB 3.5 SATA-6 7.2K 64MB 1 1 0 160.00 160.00 Manufacturer Part Number:WD2000FYYZ GO GREEN! CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an emailed PDF, please email CDW at paperlessbilling@cdw.com. Please include your Customer number or an Invoice number in your email for faster processing. REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS! Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top of the attached payment coupon. Email credit@cdw.com with any questions. ACCOUNT MANAGER' SHIPPING ADDRESS: SUBTOTAL $160.00 MICHELLE REEVES CITY OF CARMEL 312-547-2393 COMMUNICATIONS SHIPPING $0.00 micreev@cdwg.com 31 1ST AVENUE N.W SALES ORDER NUMBER CARMEL IN 46032-2584 SALES TAX - $0.00 GXMT617 AMOUNT DUE— $160.00 Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT? DUNS Number 02-615-7235 PLEASE EMAIL US AT credit@cdw.com ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com 0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1 relying on any statements,s1sx1ications,photographs or other illuumations representing the Products that may be provided by Seller or is ABilimes.SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,RELATED TO PRODUCTS,INCLUDING,BUT NOT LIMITED TO,ANY WARRANTY OF TITLE,ACCURACY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,WARRANTY OF NONINFRINGEMENT,OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT TIIE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly wives any claim that it may have against Seller or its ABilimes based on any pmduct liability or infringement or alleged infringement ofany parent-copyright trade secret or other intellectual propeny rights(each a'Cla m')with respect to any Product and also waives any right To indemnification from Seller or its AlBlimca against any such Claim made against Customer by a third parry.Customer acknowledges Rim no employee of Seller or its Affiliates is authorized to make any representation or wamamy on behalf of seller or any of its Affiliates that s not in this Agreement. Seller warrants thin the Services will be performed in a good and-fl menlike manner.Customers wle and exclusive remedy and Sellers entire liability with respect to this warranty,will be,m the sale option of Seller,to either(a)uw its reasonable mmmercial efforts to reperform or cause to be reperformed any Services not in substantial compliance with this warranty or(b)refimd amounts paid by Customer related to the portion ofthe Services not in substantial compliance;provided,in each caav:Customer notifies Seller in writing within Five(5)business days aficr performance of roc applicable Services.EXCEPT AS Sur FORTH HEREIN OR IN ANY STATEMENT OF WORK TIIAT EXPRESSLY AMENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW,SELLER MAKES NO OTHER.AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS.WARRANTIES,CONDITIONS OR COVENANTS,EITHER EXPRESS OR IMPLIED(INCLUDING WITHOUT LIMITATION,ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,DURABILITY,TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OIITOF OR RELATED TO TILE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES,INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES,ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY IIARDW'ARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES.THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.CUSTOMER ACKNOWLEDGES THATNO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTI IORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OI'SELLER OR ANY OF ITS AFFILIATES 1TIA7IS NOT IN TINS AGREEMENT OR IN A STAT E6IEN'T OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. Customer shall be solely a spar sole for daily back-up and other proteedon of its data and wfnvue against loss,damage or corruption.Customer shall be solely responsible for reconstructing data(including but not limited to dam luynmd an disk files and--,I.)and software that may be lea, damaged orcorapted during the performance of Services.SELLER ITS AFFILIATES.AND ITS AND'IT IEIR SUPPLIERS.SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SIIALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WIII I THE LOSS,DAMAGE OR CORRUPTION OF DATA.AND SOFTWARE,AND CUSTOMER ASSUMES ALL RISK OF LOSS.DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Seller willnotbe responsible for and no liability shall result to Seller or any of its ABilimes for any delays in delivery or in performance whieh result from any ciranstances beyond Seller's reasonable central,including but not limited to.PnMud unavailability,artier delays,delays dueto fire. severe weather candido s•fail..of power.labor problems,acts of war,¢norism,embargo,acts of God ar nets or laws of my govcmmcat or agency.Any shipping dates or completion data provided by Seller or any purported deadlines contained in a Statement of Work or any other document are esdonesesonly. .. - . Prieing Inhumation:Availability Dinl.,h r Seller murves the right m make adjustments to pricing,Products and Service offerings for reasons including•but not limited to,changing market conditions,Product discontinuation,Product unavailability,mamuf turer price changes.supplier price changes and errors in advertisements.All orders e subject to random availability and the availability of Personnel m perform the Services.Therefore.Seller—.at giraram that it will be AT,to flfill Customer's orders.If Services am being performed on a time and materials basis.any caimems provided by Seller are for planning purposes only. Credits Any credit issued by Sellerto Cusomerforanyreason most be used within two(2)years Tom the date thmthe credit was issued and mayonlybe used for fture pu.hases of Products and/or Services Any credit or portion thereofnot used within the nvo(2)year period will amomarially.spire. Limitation of Liability UNDERNO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,WILL SELLER ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR(A)ANY INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT LIABILITY OR OTHER THEORY OF LIABILITY;(B)ANY CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY;(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES;OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE.IN THE EVENT OF ANY LIABILITY INCURRED BY-SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF:(A)THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM;OR(B)550,000.00. Confidential Information Each Parry anticipates that it may be necessary to pmvide access to information of a confidential nature of such parry,the Affiliates or a third party(hereinafter rehcrmd to az"Confidential Information')to the other parry in Rte performance of this Agreement and any Statement of Work. "Confidential Iofom en ion"means my information or data in oral,elecuonic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a patty in connection with this Agreement or which the receiving party may have access to in connection with this Agreement including but not limited to the tams and conditions was known Statement of Work.Confidential Information will not include information which:(a)becomes known to the public through no act ofthe receiving party;(b)wknown m the receiving party,or becomes known to the receiving parry from a third party having the right to disclose it and having nes obligation of can identiality to the disclosing party with respect to the applicable information;or(c)is independently developed by agents,employees or subcontmetorsof the receiving party who have not had—ss m such information.To the extant practicable,Confidential Information should be clearly identified or labeled az such by the disclosing parry at the time of disclosure or as promptly thereafter w possible,however,failure In so identify or label such Confidential Infnrmarlmm will not he evidence thin such information is act confidential or pmtecteble. - --Tach pa y-agre.w hold thea uumr'panyi C.nRJentinl7nfunnaRon'mnfidentialToruperiod of move medefe—ofaiwlosum and to dew in mierm Is=aspmmdiw asitholdsitsown Confidential Information of HU kind but to use no less th na.awnabledegreeofare. Disclosures ofthe other pays Confidential Information will be restricted(I)to those individuals whom participatingin the performance ofthis Agreement or the applicable Statement of%Vork and need to know•.such Confidential Infmrmution for purposes Upauidmg or receiving the Products or Services or otherwise in connection with this'Agreement or the applicable Statement ofWork,or(ill to its business,legal and financial adviwM each on a confidential basis Each party agrees not toes,any Confidential Information ofthe other party for any purpose other than the business purposes mntamplated by this Agreement and the applicable Statement of Work.Upon the uritta request are parry,the other parry will either return or certify the destruction ofthe Confidential Information ofthe other party. If a receiving party is required bylaw.role or regulation,or requested in myjudicW or administ atiw proceeding or by any governmental or regulatory authority•to disclose Confidential Information ofthe other party,the receiving parry will give the disclosing party prompt notice ofs.ch request sa that the disclosing party may seek an appropriate protective order or similar protective meawoe and will use reasonable efforts to obtain confidential treaanent ofthe Confidential Information sa disclosed. Return Privileges To obtain Sellers return policy,Customer should concoct COW Customer Relations m 966.SVC.4CDW or smell at Ctu mmetRalarioms1cdw.com.Customer noun notify,CDW Customer Relations ofany damaged Products within ten 110)days ofrcceipt. Arbione tan Any claim dispute,or controversy(whether in comea..rt or uthensise,whether preexisting,present or future.and including,but nut limited In,statutory.common law,intentional ran and equitable claims)arising from car relating to the Products.the Services,the int•rprcmtion or application of mew Terms and Conditions or my Statement of Work or the breach,mmmirtatiun or validity thereof,the relationships which result from thew Perms and Conditions or soy Statement of Work(including,to the fall extent pertained by applicable law,relationships with third parties who am not signatories he.rok or Sellers or any of its ABilimes'advertising or markeang(collectively,.'Claim`)WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER CUSTOMER OR THE THIRD PARTIES INVOLVED.EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.Ifarbionsan.is.h—,it will be conducted Panama in the Rules ofthe Amcrican Arbitration Association.Ifarbioned-is chosen by any para with respect to a Claim,neither Seller nor Customer will have the right to litigate that Claim in run or to bane cajun•trial an drat CW. or to engage in pre-mbitmtion discovery,except as provided for in the applicable orbimumn rules or by agreement of the parties involved.Further,Customer will not have the right to pamicipme as a representative or member ofany class of claimants pertaining to any Claim Nonvithstandmg any chum of Iry prevision included in These Terms and Conditions.this arbitration agreement is subject to the Federal Arbitration Act(9 U.S.C.kF 1-I6).The arbitration will take place exclusively in Chicago.Illinois.Any mon in vingjurisdiction may enterjudgment on the award rendered by he mbinmor(s).Each Pam'imolved will bear its awn cost of any legal representatiom discovery or research required to complete arbitration.The existence or results of soy arbitration will 6:tared.omfidatial.Notwithstanding anything to the contrary contained herein,all matters pertaining to the collection ofamounts due to Seller arising out ofthe Pmducs or Services will be exclusively litigated in on rather Joan through arbitration. Misxllatimus Seller may assign or subcontract all or any pummat of is righs or obligations with respect to the sale of Products or doe performance of Services or assign the right to receive payments,without Customer's consent.Customer may not assign thew Terms and Conditions,or tory of its rights or obligations herein without the priorwritten consent ofSellcr.Subject m the restrictions in assignment contained he.ia thew Terms and Conditions will be binding on and inure to the benefit ufthe parties he.to and their successomand assigns.Nopmyisionofthis Agrcemcmornny Simementof Work will be deemed,ai,cd.amended or modified by either party unless such waiver,amendment or modification is in writing and signed by bath parties.The relationship between Seller and Customer is that of imdeindenl contrecmrs and not that of employedemployce,partnership orjoint vertu..Ir any term or condition of this Agreement or a Statement of Work is found by a mum of competent jurisdiction to be invalid•illegal or otherwise unmtorceabla the same shall nut aft t the other amu or conditions hereof or Rocomf car the whole of this Agreement or doe apid able Statement of Work-Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three(3)days alter mailing if mailed postage prepaid by regular mail or airmail or one(1)day after such notice is sent by courier or facsimile narmnission. Any delay or failure by either party to exerciw any right or mmedy will rot constitute a waiver ofthea party to thereiterenforce such rights Version Data:0223!2010