Loading...
HomeMy WebLinkAboutIT09-081 - Original - CDW Government, Inc. - Panasonic Toughbook Replacements - 06/01/2009 Records Mana"go" em ^ KENO Document WASH INGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Q U O Gnu r!xno C,%A- Inc _ Vendor Number: 33 S () I JD Edwards Number Contract Number: Q�'�� This is assigned by City Clerk's Office , J Project Name: PQnns��,� T nIt 1\oG)�Dt('orcloC\�S Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment [Contract ❑ Other: Contract Effective Date:y�Jan 1 p y Q Termination Date: I3o I I Contract Renewal Notice (Days): nIg__ Number of days required notice for termination or renewal or amendment Contract Manager: Department: Detail: (i.e. address, location, parcel number, tax id, etc.): G,Qn 2 R16T-4?2 M°-n\A —C o Cz e���41O S7�Cl l L yC` �- ` 1 •T�h 6onl'S Cy p tl�k c-S lR A-h A C% 1 4 �l a�� o f S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEN T WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and CDW Government, Inc, THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and CDW Government, Inc. organized under the laws of the State of Illinois, located and doing business at 230 N. Milwaukee Avenue, Vernon Hills, IL 60061, (312) 705-9139 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Fifty (50) Panasonic CF - 19 Toughbook SU 9300 Computers, with 160GB Hard Drive, 2 GB RAM, with MS Windows XP Service Pack 2. Panasonic Part Number PNB-CF-I9KHRAXAM; and Fifty (50) Panasonic Toughbook Pro Plus 5 year warranty - Panasonic Part Number PAW-CF-SVCLTNFSY. This warranty must be a genuine warranty issued by Panasonic, and must allow the City to seek service under the terms of the warranty at any authorized Panasonic Toughbook Service Center. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 1, 2009. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $199,576.28, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor will be paid within thirty (30) days following the City's receipt of all goods purchased by this Agreement, receipt of manufacturer's written authorization to assign Vendor's warranties to the City, and the City's receipt of a proper invoice from Vendor. GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SE PREVIOUSLY AND SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. Upon payment by the City, an amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work—and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. Except for matters of non-payment by the City, VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. The City acknowledges that the Vendor does not manufacture the products purchased by this Agreement and offers no warranty on any products beyond those provided by the manufacturer's warranty. However, the Vendor will assign to the City the manufacturer's standard three (3) year warranty, and the additional five (5) year warranty purchased by this Agreement, and warrants that the manufacturer will consent to that assignment. The warranties shall be those provided on Exhibits A and B, which are attached and incorporated by this reference. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and 9 YP incorporated by this reference. XIII. WORK PERFORMED AT VENDORS RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF 7KE By: By: Tafeig uftrblerl (signature) Print Name: Print a zette Cooke ItsBirector les Its Mayor I(title) q DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) VENDOR: CITY OF KENT: Tara Barbieri Shaun Northrop Director — Program Sales City of Kent CDW Government, Inc. 220 Fourth Avenue South 2 Enterprise Dr., Suite 404 Kent, WA 98032 Shelton, CT 06484 (253) 856-4627 (telephone) With a copy to: (253) 856-4700 (facsimile) General Counsel CDW Government, Inc. 230 N Milwaukee Avenue Vernon Hills, IL 60061 APPROVED AS TO FORM: Kent Law Depa t P \Civil\Files\OpenFiles\0073-2009\PanasonlcToughbookNotebook-REDLINEPurchaseContractdoc GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City s equal employment opportunity 9 PY 9 policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 21st day of April, 2009. By: Tara Barbieri For: CDW Government, Inc. Title: Director — Program Sales Date: April 21, 2009 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Panasonic Toughbook standard warranty Information -- standard wa. . . Page 1 of 2 Standard Warranty Section 1: Limited Warranty - Hardware Section 2: Limited Warranty- Software Section 3: Limited Warranty Exclusions EXHIBIT Section 1: Limited Warranty - Hardware Panasonic Computer solutions Company (referred to as"Panasonic")will repair the products listed below with new or rebuilt parts,free of charge, In the United States or other Panasonic-designated locations. Repairs will be made for the period specified below from the date of original purchase in the event of a defect in materials or workmanship. e Laptop computers -3 years ■ PDRC(LCD and keyboard assemblies) -3 years ■ MDWDs(mobile computer and wireless display assemblies) -3 years ■ Hand-held computers (Pl/P2) - 1 year ■ Arbitrator video camera - 1 year ■ Arbitrator recorder unit- 1 year ■ Arbitrator wireless receiver unit- 1 year ■ Arbitrator P2 card(s) (all sizes) - 1 year ■ Arbitrator wireless microphone(s)/transmitter-90 days ■ Arbitrator system component Interconnect cables - 90 days Main Battery The battery supplied with the product Is covered under the warranty for one (1)year from date of purchase, except as excluded in Section 3. Batteries purchased separately are covered under the warranty for one(1)year from the date of purchase A battery furnished under the warranty Is covered for the remaining period of the one-year warranty on the original or purchased battery. Options and Accessories The options and accessories listed below are covered under this limited warranty for the period specified from the date of purchase or as specifically stated: ■ AC adapter- 3 years ■ Memory card (Panasonic brand) -3 years ■ Car mount docking station PCB - 3 years ■ Vehicle docking station -3 years ■ Port replicator/I-0 box - 3 years ■ Antenna pass-through cable- 3 years ■ Backlit or full-sized keyboard -3 years or assumes warranty of the unit in which it is Installed ■ Integrated Panasonic-supplied options and kits Including, but not limited to, wireless modems, media bay drives(floppy,CD, DVD, combo),GPS, Bluetooth, smartcard reader and fingerprint readers- 3 years or assumes warranty period of the unit in which it is installed, provided the Integration was performed by Panasonic or an authorized options integrator ■ Hard drive(separately purchased) - 1 year ■ Optional battery- 1 year ■ Battery charger- 1 year ■ Standard or digitizer stylus pens -90 days(physical damage excluded) ■ External USB drives (CD/DVD/floppy/hard drive) - 1 year ALtop Section 2: Limited Warranty- Software Panasonic Computer Solutions Company(referred to as"Panasonic") warrants only that the disk(s)or other media on which the programs are furnished will be free from defects In material and workmanship, under normal use, for a period of sixty(60)days from the date of product delivery, as evidenced by your purchase receipt https://www2 .panasonic.com/webapp/wcs/stores/servlet/TCcwarrantyPri . . . 4/6/2009 Panasonic Toughbook standard warranty information -- standard wa. . . Page 2 of 2 This is the only warranty Panasonic makes to you Panasonic does not warrant that the functions contained in the programs will meet your requirements or that the operation of the programs will be uninterrupted or error-free. Panasonic shall have no obligation for any defects in the disk(s) or other media on which the programs are furnished resulting from your storage thereof or for defects that have been caused by operation of the disk(s)or other media. Panasonic's entire liability and your exclusive remedy under this warranty shall be limited to the replacement, In the United States or other Panasonic-designated locations,of any defective disk or other media which is returned to the Panasonic's Authorized Service Center, together with a copy of the purchase receipt, within the aforesaid warranty period.The customer is responsible for ensuring that all data Is backed up and made secure during normal use and before sending a unit for service. estop Section 3: Limited Warranty Exclusions Specifically excluded from the warranty are: ■ All consumable items such as screen protection films, logo badges, labels, cleaning cloths,carry cases, manuals,cables, straps, belts, holsters, tethers, harnesses, and any other options and accessories not listed above or covered under a separate warranty ■ Failures related to the product operating system, hard drive image, any software setup, software program,virus or other program(s) or file(s)on the hard drive or in any computer memory location ■ Failures due to BIOS settings or changes,as well as any cosmetic or physical damage to the unit ■ Any unit or device with a missing or altered model number or serial number label ■ Damage which occurs in shipment ■ Failures which are caused by products not supplied by Panasonic ■ Failures which result from alteration, accident, misuse, Introduction of liquid or other foreign matter Into the unit,abuse, neglect, installation, maladjustment of consumer controls, improper maintenance or modification,or use not in accordance with product use Instructions ■ Failures due to service by anyone other than a Panasonic Authorized Service Provider ■ Damage, failure or loss due to the unit being stolen, lost, misplaced or used by anyone other than the original purchaser ■ Damage that is attributable to acts of God The above warranties are extended solely to the original purchaser.A purchase receipt or other proof of date of original purchase will be required before warranty performance is rendered. This warranty only covers failures due to defects in materials or workmanship,which occur during normal use. Other Limits and Exclusions:There are no other express warranties, except as listed above. PANASONIC SHALL NOT BE LIABLE FOR LOSS OF DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE APPLICABLE WARRANTY PERIOD SET FORTH ABOVE. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts,so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights,and you may also have other rights, which vary from state to state. ALtop https://www2 .panasonic.com/webapp/wcs/stores/servlet/TccwarrantyPri . . . 4/6/2009 SM rice PROFESSIONAL SERVICES by TOUGHBOOK EXHIBIT i' COVERAGE FOR THE UNE CTE®. OVERVIEW - Panasonic's Protection Plus enhances the Toughbook® computer 3-Year Standard Warranty by offering an additional layer of protection against unintentional physical damage. This warranty Is designed to complement the warranty on all Toughbook laptops. All system components, excluding consumable items, are covered under Protection Plus. Z-" 'n E3 Enhance the productivity of your mobile workforce. © Manage budgets more effectively by minimizing out-of-warranty repair charges. EI Increase uptime for your mobile workforce by streamlining out-of-warranty coverage issues. Panasoific ideas for life 1.800.662.3537 panasonic.com/toughbook/professionaLservices EXHIBIT C INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. REQUEST FOR MAYOR'S SIGNATURE KEINT Please Fill in All Applicable Boxes W AS HI NQ TON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator- ) Phone (Originator') 2s-?- ��6,- `-16 Z Date Sent- 5 , LA , 69 Date Required S1 ( c I Retuin Signed Docurent to a L IL- CONTRACT TERMINATION DATE: VENDOR NAME: DATE OF COUNCIL APPROVAL: ylLll)0,9 Brief Explanation of Document:' 'qq,5� 2-98 ( 7 S v�� C�v�/— Cr 4 5 Sm C F— tq � ,�wt,C�� c� �rz1�c� All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) i Received: J Approval o �IE �r-'� City Of Kent �d 0��Off�lCeofhe Mayor Law Dept. Comments. ; %iAY 4 [Date Forwar ed to Mayor. S S Opt Shaded Areas to Be Completed by Administration Staff (� 0 Received: � 1�Al' E 2009 Recommendations & Comments: CI�pC`FRx Disposition: 6 Date Returned: iage5870 • i,o;