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Home My Public Portal About223-2023 - Sanitation - CDW Government - Samsung Tablet & Phones AGREEMENT 24 THIS PURCHASE AGREEMENT made and entered into this I day of j r1 vj 261, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the "City") and CDW Government, 75 Remittance Drive, STE #1515, Chicago, IL 60675 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to provide ten (10) Samsung Galaxy Tab S9+ tablets and four(4) 10th Generation 64GB iPad. tablets by utilizing Sourcewell Contract #081.41.9-CDW pursuant to the attached proposal tendered by Contractor, which is attached hereto and incorporated by reference herein as "Exhibit A". Contractor agrees to comply with all terms and conditions contained in "Exhibit A". The Contractor shall furnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. SECTION III. COMPENSATION City shall pay Contractor the quote amount described on "Exhibit A", which is the sum of Eleven. Thousand Three Hundred Forty-Seven Dollars and 92/100 ($11,347.92) in consideration for the vehicle specifically described within the Exhibit attached hereto, inclusive of delivery. Contract No. 223-2023 Page I of 6 SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue until such time that the Contractor delivers the equipment, in new and working condition, to the City, which delivery shall occur within a commercially reasonable timetrame from execution hereof. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material ..repect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination,the City shall be required to make payment for all work performed. prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the porti(x) to be terminated. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. Page 2 of 6 SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable tbr acts of the City,its officers, agents,or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1.. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1.,000,000 each person. $1,000,000 each occurrence Section 2. Property .Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all Page 3 of 6 provisions of its home state's worker's compensation law and provide the City proof of such. compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST :DISCRIMINATION A. Pursuant to Indiana Code 22-9-1.-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability,national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder,Contractor,any subcontractor,or any person acting on behalf of Contractor or any sub-contractor, shall not discriminate by reason of race,religion,cokm sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. IR.AN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in. investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the Page 4 of 6 event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. IN Mr-MESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. Page 5 of 6 "CITY" "CONTRACTOR" The City of Richmond. Indiana, by and CDW Government through its Board of Sanitary Commis ners By: u Mil er, President Dated: jc,.1-42-0/02 (Printed): (;krrrali Bkfri1ce President Dated: Dated: 7;12-//7-3 Greg Steins, Member Dated: APPROVED: _ . Sno r Dated: (21/7-4' z,3 Page 6 616 "Ctl"Y" -(x)NTRAcToR- T'he City of Richmond, Indiana, by and CDW Clovernment Paroudh ifs Board of Sanitary - Corarddssioncrs By: / Sue tvlilleu President ett, Dated 'I 114 Arnan ,Bakshi, Vice President Dated:_14_ Dated: Greg Steins, .1 :'ember Dated: API)ROVED: David M. snow, Iviayor Dated: Page( of 6 ) , PEOPLE Thank you for choosing CDW. We have received your quote. GET tr Hardware Software Services IT Solutions Brands Research Hub ......____ _ QUOTE CONFIRMATION JASON COMBS, Thank you for considering CDW.G for your technology needs. The details of your quote are below. 11 you are an eProcurement or sinolesion on customer, please log into your system to access the COW site,You can search for your quote to retrieve arid transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE* QUOTE DATE QUOTE REFERENCE CUSTOMER# GRAND TOTAL NQQH175 11/20/2023 TABLETS 0971503 $11,347,92 QUOTE DETAILS 1 ITEM QTY COW* UNIT PRICE EXT.PRICE 1,3-256 GB - 10 7540626 $956.54 $9,565.40 Mfg.Part#: SM-X810NZAAXAR Contract: Sourcewell 081419-CDW Tech Catalog(081419#CDW) Aranktii9jd &EfttbitoLiiilI..JItec 4 7213823 $445,63 $1,782,52 Mfg.Part#: MPQO3LL/A Contract: Sourcewell 081419-CDW Tech Catalog(0814194CDW) SUBTOTAL $11,347.92 SHIPPING $0.00 SALES TAX $0.00 GRAND TOTAL $11,347.92 1-PU----R--CH-A--SER--El/LUNG INFO DELIVER TO ladling Address: Shipping Address: i CM OF RICHMOND CITY OF RICHMOND INDIANA SANITARY D OFFICE OF THE C ATTN:JASON COMBS 1 50 N 5TH ST 2380 LIBERTY AVE, 1 RICHMOND,IN 47374-4247 RICHMOND,IN 47374 Phone:(765)983-7240 Phone:(765)983-7240 Payment Terms;NET 30-VERBAL Shipping Method:FEDEX Ground [._.....,._,..,,,...... ,.,. _,....,. „, CDW Government 75 Remittance Drive Suite 1515 Chicago,IL 60675-1515 olioni Sales Contact Info ,iiik Sean Ellis I (877) 499-8915 I seariergIcqwgzsm c X.'ill5li Need Help? ® My Account 1111 Support I Call 800.800.4239 About,dal P l # This order is subject to CDatV`s Terms and Conditions of calms and SLrvice Projects at iat :#f.wvi,,,y,cdwq;carafico;lt ssirerfr$- Onlliti n'5/arodasct- a' ' For more inforr(satlon,contact a C 0, count manager, 2023 Ci Vlt»G LLC,200 N.Milawa a Avenue,Vernon Hills,IL 60061 800.808,4239 Page 2 of 2