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Home My WebLink About373183 APPLE ENTERPRISE - PURCHASE ORDER - 5507808(ELL OWAP EMS City of Fort Collins Page Number: 1 City of Fort Collins Date: 11 /22/05 Purchase Order Number: 5507808 uenvery uate: 12110/Ub Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: [ / . _ (j I i ( 2-1 t 6 Line Qty/Units Description Extended Price 1 1 LOT Attn: Shane Gorman City of Fort Cgffinf Director of Purchasing and Risk Management This order is rkdhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us 3,486.95 Total $3,486.95 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins Administrative Services Finance Department - Accounting Division BLANKET EXEMPTION CERTIFICATE (For use by States, Territories, or political subdivision thereof) Date: November 22, 2005 The undersigned hereby certifies that she is Joyce Grenz, Accounts Payable Representative of City of Fort Collins to execute this certificate and that the article or articles specified in the accompanying orders, or on the reverse side hereof, are purchased from APPLE ENTERPRISE for the exclusive use of the City of Fort Collins of the State of Colorado. It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased for its exclusive use, and it is agreed that if articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such fact will be reported by me to the manufacturer of the article or articles covered by this certificate. It is also understood that the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not more than $10,000.00 or to imprisonment for not more than five years, or both, together with costs of prosecution. State of Colorado Department of Revenue, Certificate of Exemption Identification Number 98-04502. Signature) Accounts Pavable ReD — Accountin2 Dent. (Title of Officer) 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6770 • FAX (970) 221-6782 Government Single Purchase Agreement 1. Instructions for Ordering A. A completed, signed Government Single Purchase Agreement MUST be submitted with each purchase order. This applies to repeat orders as well as your Initial order. B. Carefully read and execute this Agreement below. C. New Customers - The following must be included: - Purchasers tax exemption certificate (if applicable). D. Enclose your purchase order with this Agreement and send to: Apple Computer, Inc. 12545 Riata Vista Circle MS: 198-3ENT Austin, TX 78727 E. For information regarding the status of your purchase order, please contact the Apple Support Center at (800) 793-9378. 2. Purchase Authorizations A. Eligible Purchasers Eligible Purchasers include Purchaser and any state agency or department, county agency or department, city agency or department (including fire departments and libraries), special district, port authority, municipality, township, or Indian reservation. B. Purchase Authorization Purchaser represents and warrants that Products purchased will be for Purchaser's own use in its facilities in the United States and will not be purchased for the purpose of resale to another entity or individual. Apple reserves complete discretion in making eligibility determinations. 3. Support. Support products (such as the AppleCare Protection Plan) are subject to the terms and conditions that accompany those products. 4. Purchases from Apple A. Price Prices shall be as set forth on the applicable Authorized Apple Price List in effect on the date Purchaser's order is accepted by Apple. Prices include standard freight and insurance using an Apple -selected carrier. Any order placed with Apple is subject to acceptance by Apple, and Apple may decline any order, in whole or in part, for any reason. Unless Purchaser notifies Apple otherwise, Apple will not be liable to ship complete orders, Apple will allocate its available Inventory and make deliveries (including partial shipments) in Its sole discretion and without liability to Purchaser. All applicable local sales or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Purchaser. Proof of tax exempt status must be on file at Apple's Support Center for any order to be treated as a tax exempt transaction. Products and pricing are subject to change without notice. B. Delivery and Payment Title and risk of loss to all Product will pass to Purchaser upon shipment from Apple's shipping location. For Products shipped pursuant to Apple's standard practices in all but the last week of every Apple fiscal quarter during the term of this Agreement, Apple will issue credits or replace Products returned due to damage In transit or that are lost in transit. For Products shipped pursuant to Apples standard practices in the last week of every Apple fiscal quarter during the term of this Agreement, Apple will not Issue credits or replace Products returned due to damage in transit or that are lost in transit. Instead, Apple will provide third -party Insurance for damaged or lost Products with Purchaser named as the loss payee. When not shipping Products pursuant to Apple's standard practices but Instead shipping via a carrier selected by Purchaser, Apple will not issue credits or replace Products returned due to damage in transit or that are lost in transit. Shipping charges for orders that are shipped under Purchaser's instructions will be added to Apple's invoice, or shipped freight collect, at Apple's option. Purchaser shall be Invoiced upon shipment of Product and shall pay within thirty (30) days from date of invoice. 5. Limited Warranty. The sole warranty for Apple Product, If any, purchased under this Agreement shall be Apples standard Limited Warranty as set forth in the documentation that accompanies each Apple Product. All Products, other than Apple Products, are sold 'as is" and without warranty from Apple, but may be accompanied by a manufacturer's warranty, as more particularly provided In any warranty documentation that accompanies such Products. 6. Software Rights. A. Purchaser acknowledges that Products often contain not only hardware but also software, including but not limited to operating systems and applications. Such software may be included in ROMs or other semiconductor chips embedded in hardware, or it may be contained separately on disks or on other media. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents. Purchaser, as an end user, is licensed to use any software contained in such Products, subject to the terms of the license accompanying the Products, if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of the United States. B. Unless Purchaser has obtained Apple's prior written consent, Purchaser, in addition to any obligations or restrictions set forth in any license which may accompany a Product, shall not copy the software, except to back up or for archival purposes, and Purchaser shall promptly affix to any such copy the same proprietary and copyrights notices as were affixed to the original. Purchaser shall not disassemble, decompile, reverse engineer, copy, modify, create derivative works thereof, or otherwise change any of the software or its form. 7. Limitation of Liabilities and Remedies. To the extent permitted by law, the total liability of Apple, whether in contract, warranty, tort, strict liability, statute or otherwise, shall be limited to an amount not to exceed three hundred thousand dollars ($300,000) for all claims arising out of this Agreement. IN NO EVENT SHALL APPLE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST BUSINESS PROFITS OR REVENUE, LOSS OF DATA, INTERRUPTION IN USE, UNAVAILABILITY OF DATA, OR THE COST OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) OR FOR PUNITIVE OR EXEMPLARY DAMAGES. This Limitation is a critical element of the parties' bargained -for consideration and will be effective even in the event Apple is Informed in advance of the possibility of such damages. The remedies set forth in this Agreement shall be Purchaser's sole and exclusive remedies for any breach of this Agreement by Apple. 8. General Terms A. Governing Law. This Agreement will be governed and interpreted under the laws of the state in which Purchaser is located. B. Severabllity. If a court of competent jurisdiction holds that any provision of this Agreement is invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Agreement. C. Waivers. A party's waiver of any breach by the other party or failure to enforce a remedy will not be considered a waiver of subsequent breaches of the same or a different kind. D. Assignments. Purchaser may not assign, in whole or in part, this Agreement without Apple's prior written approval. E. Entire Agreement. This Agreement supersedes all previous agreements and representations of, between or on behalf of the parties. This Agreement contains all of Apple's and Purchaser's agreements, warranties, understandings, conditions, covenants, and representations. Neither Apple nor Purchaser will be liable for any agreements, warranties, understandings, conditions, covenants, or representations not expressly set forth or referenced In this Agreement. Apple may refuse any different or additional provisions in purchase orders, invoices or similar documents and such refused provisions will be unenforceable. F. Modifications. Except as otherwise provided in this Agreement, no modification to this Agreement will be binding unless in writing and signed by an authorized representative of each party. Entity: Ci r OT+4v* Name: Signature: Title: fhall i Date: Purchase Order Number: Confidential Page 1 SCM Rev 06/05 t Apple Enterprise Proposal For. Judy Stachurski Phone: 970-221-6244 Email: jstachurski@fcgov.com Prepared by: Shane Gorman Apple Government Sales 1892 Preston White Dr. Reston, VA 20191 Phone:703-264-3244 Fax:703-264-3222 Email: sgorman@apple.com Quote Date ote # Quote Valid Until Terms customer # November 15, 2005 111505-090 December 30, 2005 Net30 Notes: Open market quote. SLG discounts are Please return signed included in the price. Standard shipping is acknowledgment of Single free. Purchase Agreement (attached) � % 3, e -IA Adobe Creative Suite 2 Premium - Academic TC184LL/A $399.95 1 $399.95 $399.95 (Estimated Ship: 3-5 business days) PowerBook 17" 1.67GHz ZOCA $2,848.00 1 $2,848.00 $2,848.00 (Estimated Ship: 3-5 business days) 100GB Ultra ATA drive @ 7200rpm 065-5813 SuperDrive DL (DVD+RW/CD-RW) 065-5814 Final Cut Express HD preinstalled 065-5599 AirPort Extreme Card & Bluetooth 065-5815 2GB PC2-4200 DDR2 - 2 SO-DIMMs 065-6063 Backlit Keyboard/Mac OS - U.S. English 065-5816 AppleCare Protection Plan for PowerBook (w/o Display) - Auto Enroll 51415Z/A $239.00 1 $239,00 $239.00 (Estimated Ship: Same business day) Total: $3,486.95