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Home My WebLink About258365 05/10/16 y ptC,AM CITY OF CARMEL, INDIANA VENDOR: 033825 ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $•'"'4,612.60" s9 � CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 258365 M,�roa SUITE 1515 CHECK DATE: 05/10/16 CHICAGO IL 60675-1515 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 652 5023990 CTH1196 4,612.60 OTHER EXPENSES VOUCHER # 165264 WARRANT # ALLOWED 33825 IN SUM OF $ CDW GOVERNMENT INC. 75 Remittance Dr. Ste 1515 Chicago, IL 60675-1515 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code CTH1196 02-2308-00 $4,612.60 Depreciation Voucher Total $4,612.60 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 33825 CDW GOVERNMENT INC. Purchase Order No. 75 Remittance Dr. Ste 1515 Terms Chicago, IL 60675-1515 Due Date 5/3/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/3/2016 CTH1196 $4,612.60 hereby certify that the attached invoice(s), or bill(s) is (are)true and :orrect and I have audited same in accordance with IC 5-11-10-1.6 Date Officer INVOICE DATE INVOICE NUMBER PAYMENT TERMS DUE DATE 04/20/16 CTH1196 Net 30 Days 05/20/16 ORDER DATE " SHIP VIA _ PURCHASE ORDER NUMBER CUSTOMER NUMBER 04/18/16 ELECTRONIC DISTRIBUTION S03068 1674420 ITEM NUMBER DESCRIPTION QTY QN CITY UNIT PRICE TOTAL ORD SHIP B/O 3340060 NETMOTION MOB F/WIN POLICY ANALYTICS 20 20 0 189.74 3,794.80 Manufacturer Part Number:10NMWPA250 Electronic distribution-NO MEDIA 4066043 NETMOTION MOB PRM WIN+PLCY ANLYT MNT 20 20 0 40.89 817.80 Manufacturer Part Number:10NMWPA250-02NLXP25 Electronic distribution-NO MEDIA 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 CHECKSI 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` $4,612.60 MICHELLE REEVES CITY OF CARMEL 312-547-2393 CARMEL UTILITIES SHIPPING $0.00 micreev@cdwg.com 30 W MAIN ST STE 220 CARMEL IN 46032-1938 SALES TAX :,` $0.00 SALES ORDER NUMBER GZMM562 AMOUNT DUE $4,612.60 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 DO any statements,specifications,photogrephs or other tlluarmions representing the Products Nat may be provided by Seller or its Affiliates.SELLER AND ITS AFFIIAATES IIERE BY EXPRESSLY DISCLAIM ALL WARRANTIES EITHI ER EXPRESS OR IMPLIED,BELA'ED'IU 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 AFFECTTHE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly"Dives any claim that it may have against Seller or iu Af ilimes baud on any product liabilityor infringement cr alleged infringement ofany patent,copyright,rade secret or other intellectual progeny rights(each a"Claim")with respect to any Product and also waives any right to tnderimfication from Seller or its ABiliates against any such Claim made against Customer by a third party.Customer acknowledges that no cmployco of Seller or its Affrliatee is authorized in make any representation or warranty on bcbalf of Seller or any of its Affiliates Out u Down this Agreement. &Iter wamxnts that the Services will be performed in a good and workmanlike manner.Customer's sole and exclusive remedy and Seller's cadre liability with respect W this warranty will be,in the sole option of Seller,to either(a)use its reasonable f n commercial els to reperfomr or sure to be reperfrd mad any Services not in substantial compliance with this war any or(b)refund amounts paid by Customer related to the portion of the Services not in substantial compliance;provided cu in each e.Customer notifies Seller in writing within five(5)business days after pmm erfonce of the applicable Services.EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY,AND SU13JECT 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 OUT OF OR RELATED TO THE 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 HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING TILE RESULTS TO BE 013TAINED 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 THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTFIORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES TIIAT IS NOT IN THIS AGREEMENTOR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. Customer,shall be solely responsible for daily-back-up and other protection of its data rode soRuarc aealnst loss,damage or corupfian,Customer shall be solely responsible for reconstructing data(including but not limited to data located on disk tiles and memories)and software that may be lost, damaged or corrupted during the performance of Services.SELLER.ITS AFFILIATES,AND ITS AND IT11i1R SUPPLIERS.SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALT,CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH 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 will nor be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which result fmm any circumstances beyond Seller's reasonable connal,including,but not limited to.Product unavailability,ctrrier,delays.delays due to Ere, "'her ronditio Sfam iluof power,labor problems acts ofwar,temmism,embargo,acts of God or acts or laws of my government or agency.Any shipping dams or completion dates provided by Scller or any purported deadlines contained in a Statement of Work or any other document are eslimata cnly. .. Pricing Infnmmti-;AvailahilftDiwlalmcr Seller reserves the right to make adjustmemes to pricing,Products and Service offerings for reasons including,but rot limited to,changing market conditions.Product diseentinumion,Pmduct unavailability, ne ma (rarer price changes,supplier price changes and cmars in advertisements All orders are subject to Product availability and the availability of Personnel to Perform the Servims Therelme,Scllcr cannot guarontee that it will be able to fulfill Custom-.r's orders.If services me being performed on a time and materials basis,any estimates provided by Sella are for planning purposes only. Credits Any credit toned by Sella to Crwomcr for my reason mug be used within two(2)years fmm the daze that the credit was issued and may only be used for future purchases of Products and/or Services Any credit or portion thereofam used within the two(2)year period will automatically expire. Limitation of Liability TINDER NO 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 BUTNOT 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 LIABLITY 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.INTHE 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 WILLNOT 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 party anticipates that it may be necessary to provide access to infndremon of a confidential name of such parry,the AtRliares or a third party(hereinafter reined to as"Confidential Information")to the other parry in the performance of this Agreement and any Statement of Work. 'Confidential Int motion'means any information or data in oral,elactr.nte or wrinen form which the receiving parry 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 tent"and conditions ofeach Statement of Work Confidential Information will not include inf.mu tion which:(a)becomes known to the public through no act ofthe Deceiving party;(b)was known to the receiving party,or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information;or(c)is independmily developed by agents,employees or subcontractors of the receiving party who have not had access to such infrmantion.To the extent practicable,Confidential Information should be clearly identified or labeled as such by the disclosing party at the time ofdisclosure or as promptly thereafter as possible,however.Nim to so identify or label such Confidential Inlb,mation will not be evidence thin such information is not confidential or protectable. Foch parry agrees to hold the other partys Confidrntial Infhcrr raf�o confidential for a period.fthrm(3)yew fallowing the daze of i isclosum—and to do se.a manner.leastas pmtccii is it holds ns own Confidential lnfmmmion of like land bat ro user ro less Nan a reawnatife Cegree or tare. Disclosures ofthe other pary's Confidential Information will be restricted(i)to those individuals who me participating in the performance of this Agreement or the applicable Statement ofWork and need to know such Confidential Information for purposes of providing or receiving the Products or Services or oferwise in connection with this Agreement.,the applicable Statement of Work,until)Wits business,legal and financial advisors,each on a confidential basis Each patty agrees not to use any Confidential Information ofthe other parry for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work.Upon the written request of a parry,the other party will either remm or certify the destruction ofthe Confidential Information ofthe other party. Ifa receiving pany is required bylaw,mle or regulation,or requested in anyjudicial or administrative proceeding or by any governmental or regulatory authority,to disclose Confidential Information ofthe other parry,the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable affma to obtain confidential tresunent ofthe Confidential Information s.disclosed. Return Privileges To obtain Seller's ntum Policy,Customer should contact COW Customer Relations at 866.SVCACDW or email at CustomerRelationsncdwasi .Customer mug notify CDW Customer Relations of any damaged Products within ten(10)days of receipt. Arbiuntion Any claim dispute,.r controversy(whether in mitred ton car otherwise.whether preexisting,present or future.and including,bat nut limited to.statutory.common law,intentional ton tad equitable claims)arising from or relating to the PmducL%the Services,the interpretation or application of these Tams and Conditions or any Statement of work or the breach,termination or validity thereof,the relationships which result from these Terns and Conditions or any Statement of Work(including,to the full extent pen sired by applimblc law,relationships with third parties who are not signatories hereto),or Seller's or any of its Af ilimee advertising or marketing(collectively,a"Claim")WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER,CUSTOMER OR THE THIRD PARTIES INVOLVED.EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.Ifarbimetion is chosen,it will be conducted ponuant to the Rules ofthe American Arti tred.n Association.Ifurbitration is chosen by any party with respect to a Claim,neither Seller nor Customer will have the right to litigate that Claim in court Orin have njuq trial on that Claim or t.engage in pre-arbitration discovery,except as provided fur in the applicable arbitration rules o by agreement of the parties invoked.Further,Customer will not have the right to participate as a representative or member ofany class of claimants pertaining to any Claim.Notwithstanding any choice of law provision included in these Terms and Conditions.Nis arbitration agreement is subject W the Federal Arbitration Act(9 U.S.C.k$1-16).IT.mbination will take place exclusively in Chicago,Illinois.Any court li vingjmnisdiction may enterjudgment on the award tendered by the arbitremr(s).Each party involved will bear its own cost of any legal represcramion,discoveryor msearch required to complete arbitration.The existence err results of any arbitration will be tmwcd as confidential.Notwithstanding anything to the contrary contained herein,all matters pertaining to the collection of amounts due to Sclterarising out of the Products or Services will be exclusively litigated in coon rather than through arbitration. Miscellanan Seller may assign or subcontract all or My gonion of Its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to receive payments,without Customer's consent Customer mw not assign these Terms and Conditions,or any of its rights or obligations herein without the prior written consent oMiler.Subject to the restrictions in assignment contained herein.these Terms and Conditions will be binding on and inure to the benefit ofthe parties hereto and their successors and assigns.No provision of this Agreement or any Statement of W'ok will mend be deemed waived.amended or modified by either parry unless such waiver,amendment ca or modification is in writing avd signed by loth panics.The relationship between Seller and Cuaomcr is that of independent contractors and not Nat of empluyeKamployce,p nnership orjoint venture.If any term or condition of Nis Agreement or a Statement of Work is found by a mud of mmyetent jurisdiction to be invalid illegal or otherwise unenforceable,the awns shall at afam the other terms or conditions hereof or dicamf or the whole of this Agreement or the applicable Statement of Work.Notims provided under this Agreement will be given in writing and deemed remind upon the earlier of actual receipt or three(3)days alter mailing if mailed postage prepaid by regular mail or airmail or one(])day after such notice is sent by courier or fausimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of Nat parry to thereafter enforce such rights Version Data:02/23/2010