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Home My WebLink About303317 09/26/16 / v CITY OF CARMEL, INDIANA VENDOR: 033825 ® ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $********54.82* CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 303317 SUITE 1515 CHECK DATE: 09/26/16 CHICAGO IL 60675-1515 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4238900 34097 FDN2243 54.82 POWER SUPPLIES FOR WI Prescribed by State Board of Accounts City Form No.201 (Rev.1995) VOUCHER NO. WARRANT NO. AI_I_owED 20 ACCOUNTS PAYABLE VOUCHER CDW GOVERNMENT INC IN SUM of$ CITY OF CARMEL 75 REMITTANCE DR SUITE 1515 An invoice or bill to be properly itemized must show:kind of seNice,where performed,dates service 'CHICAGO, IL 60675-1515 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc. Payee $54.82 Purchase Order# ON ACCOUNT OF:APPROPRIATION FOR Communications Terms Date Due PO# ACCT# DATE INVOICE# DESCRIPTION DEBT# INVOICE#:. Fund# AMOUNT .. Board Members _ DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT 34097 FDN2243 42-389:00 $54.82 I hereby certify that the attached invoice(s),or 8/27/16 FDN2243 $54.82 1.115 101 1115 101 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, September.19,2016 Terry Crockett Director I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer INVOICE DATE INVOICE NUMBER PAYMENT TERMS DUE DATE 08/27/16 FDN2243 Net 30 Days 09/26/16 ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER 08/24/16 DROP SHIP-GROUND 34097 1674420 ITEM NUMBER DESCRIPTION QTY QTY QTY UNIT PRICE TOTAL ORD SHIP B/O 3921570 UBIQUITI POE INJECTOR 48VDC 24W 2 2 0 22.76 45.52 Manufacturer Part Number:POE-48-24W-G-CS3 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 $45.52 MICHELLE REEVES CITY OF CARMEL 312-547-2393 COMMUNICATIONS SHIPPING $9.30 micreev@cdwg.com 31 1 ST AVENUE N:W CARMEL IN 46032-2584 SALES TAX $0.00 SALES ORDER NUMBER HHVG605 AMOUNT DUE $54.82 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 Cow GOVERNMENT FEIN 36-4230110 Page 1 of 1 ielying on any statements,specfficafiens photographs or other illustrations representing the Products that may be provided by Seller or its Affiliates.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 NONTNFRINGEMENT,OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY.Customer expressly waives my claim than it may have against Seller or its Affilimrs based on any pmdud liability or infringement or alleged infringement of any parent,copyright,trade secretor other imellocudd property rights(each a"Clam")with respect m any Eroded and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third Petry.Customer acknowledges that no employee of Sellm or its Affiliates is authorized to snake any representation or warranty on behalf of Seller or any of its Affiliates that is not in this Agreement. Seller warrants that the Services will be performed in a good and wmi nmtlike mummer.Customer's sole and esclusivc remedy and Seller's cntm liability wild rsismt to this warranty will be,al the sale option of Seller,to either(u)use its reasonable commercial efforts to reperform or cause to be reperformed any Services-11.substartial compliance with this warranty or(b)refund amounts paid by Customer related to the portion of the Services not in substantial mmplianm;pmvid vL in each cwc-Customer notifies Seller in writing within rive(5)business days after performance of the applicable Services.EXCEPT AS SET FORT11 HEREIN OR N ANY STATEMENT OF WORK THAT 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 FORA PARTICULAR PURPOSE, MERCIIANTABILITY,DURABILITY,TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OUT OF OR RELATED TO TIRE PERFORMANCE OR NONPERFORMANCE OF TI IF.SERVICES,INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES,ANY WARRANTY WITH RESPECT TO TIIE PERFORMANCE OF ANY HARDWARE 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 THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHOIUZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. Cusmmer shall be solely responsible for daily back-up and other protection of its dam and software against loss,damage or corruption.Customer shall be solely resporuibhe for reconstructing data(including but not limited to data located on disk flies and memories)and wftwam that may be lost, damaged or corupted during the performance of Services.SELLER.ITS AFFILIATES,AND ITS AND THEIR SUPPLIERS.SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE'TO BE RELEASED FROM ALL LIABILITY N 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 N ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Seller will not be responsible for and no liability shall result to Seller or my of its Affiliates for any delays in delivery or in perfomance which result from any circumstances beyond Seller's reasonable control,including,but not limited to.Product unavailability,carrier delays,delays due to Bre, severe weather conditions,failure of power,labor Emblems,acts ofwar,terrorism,embargo,acts of Crod or acts or laws of coy government or agency..Any shipping dates or completion draw provided bSeller or any purported deadlines contained in a Statement of Work or any other document are estimates only. Pricin=m ion;r\railahilip Disclaimer er the right to make adjustments to pricing.Products and Servim offerings for remons including but not limited to,changing market conditions,Product discontinuation,Product—liability,mmaractumr prim changes-supplier prim changes and erors in advertisements All orders are subject to Product availability and the availability of Personnel to perform the Services.Therefore.Seller cannot guarantee that it will be able to fulfill Customer's orders.If Services are being perfomhed on a time and materials basis.any estitmaes provided by Seller are for planning purposes only. Credits Any credit issued by Sellerto Cwtomerforany reason must be used within two(2)yems from the date that the credit was issued and may only be used for Poture,purchases ofProducts and/or Services Any creditor portion therrefrot used within the two(2)year period will automatically expire. Limitation of Liability UNDER 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 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 N 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 IIS 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 mticipatw that it may be necessary to provide access to information of a confidential nature of such parry,the Affiliates or a third parry(hereinafter reC d to as-Confidential Infomation')to the other parry in the performance of this Agreement and any Statement of Work 'Confidential Intim tion"means any information or data in omL electronic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is diselowd by a party in connection with this Agreement or which the receiving patty may have access to in Tion with this Agreement,including bar not limited to the terms and conditionsofmch StmementofWmlL Confidential Information will not include information which:(a)becomes known to the public through no ad ofthe receiving patty;(b)was known to the receiving party,or becomes knosm to the receiving parry from a third party having the right W disclose it and having no obligation ofconfidentiality to the disclosing patty with respect to the applicable information;or(e)is independently developed by agents,employees or subcommeton ofthe receiving party who have not had amens to such information.To the extent pmdimble,Confidential Infomhation should be clearly identified or labeled w such by the disclosing Entry at the time ofdisclosure or as promptly thereafter as possible,however,failure m so identify or label such Confidential mer„mmlwa will not be evidence that such information is not confidential or protectable. Each perry agrees to hold the other partys Confidential Information confidential for a period of three(3)years following the date ofdisclusum and m do win a manner m least as p mcetive wit holds its own Confidential Information of like kind but to use mless than a reasonable degree of care. Disclosures ofthe other pangs Confidential Information will be restricted(1)m those individuals who arc participating in the peK mean«of Nis Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes ofproviding or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement ofWork.or(R)to its business,legal and financial advisors,each on a confhdenfial basis.Each parry agrees not to uwany Confidential Information ofthe other party for any purpose other than the business purposes mmemplatedbythisAgcementandtheapplimhle StatementofWorL Upon the written request ofa party,the other party will either return or certify the destruction ofthe Confidential Information ofthe other party. Ifa receiving party is required by law,rale or regulation,or requested in anyjudicial or administrative proceeding or by my governmental or regulatory authority,to disclose Confidential Information ofthe other patty,the receiving parry will give the disclosing parry prompt notice of such request w thm the disclosing party may seek an appropriate protective order m similarprotective measure and will use reasonable efforts to obtain confidential trearmdn ofthe Confidential Information w disclosed Return Privileges To obtain Seller's return policy,Customer should contact CDW Casmmer Relations at 866.SVCACDW or email at CastomerRelmionsrledw.com.Customer must notify COW Customer Relations ofany damaged Products within ten(10)days of mceipt Arbitration Any claim dispute,or mnwscrsy(whether in contract.ton or otherwise,whether Preexisting.present or future.and including.but rat limited to,statutory.common law,im mtiunal ton and equitable claims)arising from or miming to the Products-the S—ims the interpretation or application of these Terms and Conditions or any Statement of Work or the breach,«rminmion or validity thereof,the rcImirmships which result fmm these Terms:and Conditions or any Statement of Work(including to the full extent remained by applicable law,relationships wnh third ponies who am net signatories hereto),or Sellers or any of is Affiliates'advertising or marketing(mllectivcly,a"Claim")WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER CUSTOMER OR THE THIRD PARTIES INVOLVED.EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.If arbitration is chosen,it will be conducted pursuant to the Rules ofthe American Arbitration Association.If arbitration is chosen by any party with respect to a Claim,neither Seller nor Customer will have the right to litigate that Claim in coon or to have ajury trial on tbm Claim or to engage in pre-arbitration discovery,except as provided for in the applicable arbitration rules or by agreement ofthe panics involved.Further,Customer will not have the right to participate as a representative or member of any class of claimants pertaining w coy Claim Notwithstanding my choice of law provision included in these Terms and Conditions,this arbitration agreement is subject to the Fedetul Arbitration Ad(9 U.S.C.g9 1-16).Ha mbitr ton will take place exclusively in Chicago.Illimis.Any court havingjMsdiction may raterjudgment on the award moderod by the arbitnow(s).Each party involved will bear its awn cost fany legal representation,discovery or research required to mmpletc arbitration.The existence or results ofany arbitration will be treated as confidential.Nowyithstanding anything to the contrary comained brei,,ail matters pertaining to the collection of amounts due to Seller arising out ofthe Products or Smites will be—1wivchy litigated in man rather then through arbitration. Miseellare us Sellermay assign or subsunouct all many portion of its rights or obligations with respect to the sale of Products or the perfomance of Sdvims or.assign the right to receive payments,without Cumumes consent Customer may not assign these'Idon and Conditions,m any of ii rights or ohligatians herein without the prior written consent ofScllcr.Subject to the restrictions in assignment contained herein thew Term and Conditions will be binding m and inum to the benefit ofthe parties hereto and their sumessors and assigns.No pmyision of this Agrmmmt or any Statement of Work will be demand waved ammded or modified by either party unless such w'aiycr,amendment or modification is in writing and signed by both panics.The relationship betsseen Seller and Customer is that.of indnt crs ependent cooand not that of employedemploym,partnership or joint venture.If any term or condition of this Agreement or a Statesmen of Work is found by a mon of competent jurisdiction to be invalid illegol or otherwise mumfor cable,the time shall not affect the other tcmrs or conditions hereof or thereof or the whole of this Agreement or the applicable Smtement of Work Notims provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three(3)days after mailing if mailed postage prepaid by regular mail or airmail or one(])day after such notice is sent by courier or facsimile transmission Any delay or failure by either party to exercise any right or mmedy will not constitute a waiver of that party to thereafter enforce such rights Version Dmc:02f23/2010