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Home My WebLink About489322 ACCELLION INC - PURCHASE ORDER - 9113685Fort Collins Date: 06/27/2011 PURCHASE ORDER Vendor: 489322 ACCELLION INC 1804 EMBARCADERO ROAD #200 PALO California 94303 PO Number Page 9113685 1 of 3 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 06/27/2011 Buyer: ED BONNETTE Note: MAINTENANCE TERM: JULY 01, 2011 TO JUNE 30, 2012 CONTACT: PAUL FOLGER, (970)416-2777, pfolger@fcgov.com Line Description Quantity Ordered UOM Unit Price Extended Price 1 ENTERPRISE PKG OF OUTLOOK 1 LOT LS 9,375.00 PLUGIN USERS QTY (50) MAINTENANCE TERM: JULY 01, 2011 TO JUNE 30, 2012 EMAIL PO TO VENDOR NO LATER THAN JUNE 30, 2011 FOR THE DISCOUNT TO APPLY. ORDERS@ACCELLION.COM OR FAX 650.485.4308 2 ENTERPRISE PKG ANTIVIRUS 1 LOT LS 500.00 QTY (1) 3 INSTALLATION OF VMWARE 1 LOT LS 2,500.00 VIRTUAL CONTROLLER QTY (1) 4 DISCOUNT - PO MUST BE RECEIVED 1 LOT LS -4,375.00 BY JUNE 30, 2011 U- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $8,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI�/ OfCollins �� 9113685 2 of 3 F6r} ( olI I n C This number must appear �� ` V ` J on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3of3 I. COMMERCIAL DETAILS Tax excm,fions. By statute the City of Fort Collins is exempt from state and local ux,s. Cur Exemption Number is IL NON WAIVER. 98 04502. Fdurol Excise Tax Exemption CenlBcam of RegisM 84-WW587 is registered with the Collector of Failure of the Purchaser m insist upon stria perfomance, of the temss and conditions hmeof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutmes 1973, Chapter 39-26, 114 (a), exemishe any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event off breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not releave the Seller of Gods Rejected. GOODS REJECTED due to failure 1. meet specifications, culler when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in humin may be tarred to you for credit and are nor Or be replaced except upon receipt of wllbe. Pu¢haseno insist upon min performance herrof or any of its right or mall as to try such goods, regardless tmrructimos from the City of Fbn Collins. of when shipped, reversed or ecccped, as to any prior or cubaequmt demult henoda, not shall any purposed am] modification or rescission of rho purchase older by the Pumuder operate as a waiver of any of the tames Inspection. GOODS are subject o the City of Pon Collins inspection on action, hemof. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order en result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. command payment era the pen of the City of Too Collins. Hanover. it is to M undershot that FINAL Seller and the PumM1 Warr rcatgnin that in rd economic pnaice, o cmhargm resulting from nurture ACCEPTANCE is dependent upon completion ofall applicable required inspection pmedmes violattom an in fan home by the Purchaser. Thactomm, for good cause and as consideration for executing this furniture, older, the Salts herby assigns to the Pu ,haver any and all claims it may now have or hummor Freight Terms. Shipment moot M EO.B.. City of Fon Collins, 700 Wood St Too Collins, CO 80522, unless acquird seder federal or stare menmsa laws fro such overcharges relating to the particular goods or services otherwise specified on this older. If pmmission is given to p Vay freiaM and charge co,a awry, the original freight pmehasd or acquhd by the Purchaser pursuant Io this purchase order. bill must accompany avenue. iue. Addinmeal charges for packing will rem be ecoupled. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disanee. Where mnfactunn have do.bming point in various pare of the country, shipment or Ifthe Purchaser diners the Mier,. thmet..a... Running or defective goods by a date to be claim! upon by the expected farm the a-. distribution to, to chromium. and excess (night will M command from Invoice ,hen Purchaser ad the Seller, and the Seller IMrezOer indimms it inability or unwillingness 10 emmly, the Purchaser shipments are made boom greater distance. may came the walk to be performed by the moor expeditious meets available Io it and me Seller shall Pay all cost "after red with such work. Permits. Seller shall procure at sellers mle coat all necessary pennin, conificams and licenses required by all applicable laws, ngrildimr. on irea cm end rules of the slum, municipality, mmaory or political subdivision ahem . The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature the work is performed, or required by any other duly constimtcd public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller funkier agrees to hold the City of Fort Collins harmless form and against all liability and lass incurred by them by moron of an assod or esublishcd violation of any such laws, runin ore, oo inners, rules This referee shall apply even in me evens of fault of negligence of the parry released and shall extend to the and nquimmcnts. donators, dfienrs and employees of such parry. Authodmtion. All ponies to this commut agree that the mprermortives arc, in fan, bona fide and possess full ad The Sellers contractual obligations, including warranty, shall net be deemed to be reduced, in any way, Mcause complete ..henry ao bid said panics. such work is Performed or caused to be parlomuJ by the Purchaser. LIMITATION OF TERMS, This Purchaser Order expressly limits acceptance to the It— aad conditions slated herein set forth and any supplemmrmry or additional feast and conditions annexed hereto or incorporated herein by reference. Any additional or dilfemnnemts and condition preferred by seller an objected to and herby Mooted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inunedimely if you cannot make complete shipment to amve on your pro reed deliverydare as ruled. Time is of lM1c essence. Delivery and Perform ... 0 moat be effected within the time stated on the purchase offer and the ds¢umenta attached hereto. No acts of the Purchasers including, without limitation, inc,"fame ofprnial lac deliveries, shall operate as a waiver ofthis provision, In the event ofany delay. the Purchaser shall have, in addition to ,,her legal and equitable remedies, the option of placing this odor clacwbere and holding the Sulam liable tar damageshowever, the Seller shall not be liable for damages as a result of delays due to causes net reasonably lineaccuble wb ieh arc beyond its reasonable control and without it Paull of negligence, such acre of God, acts of civil or unitary macriries, governmental prlonlies, fins, strikes. Bond, epidemics, was or fters provided that native e'Ihe conditions causing such delay is given to the Purchaser within five (5) days of rise time when the Seller tint received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sells w..at, that all gcon. articles, anthills and work covered by this order will conform with applicable drawings, specificanime, samples amor other deseriplions given, will be lit for the purposes intended, and performed with the highest degree of cam and competence in accordance with aceepred standards for work of a similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which me Punhasr may suffer or incur on account of the Sellers breach of wananly. The Seller shall replace, repair or make good, without cast o the purchaser, any defects or faults arising within one (1) year or within such longer paid of time as may M press dod by law or by the teat orally applicable w-emery Provided by no Seller after the date of acceptance, of no goods famished hereunder faceepinec not to M unreasonably delayed), resulting firm imperfect or defective work done or materiala famished by the Seller. Acceptance or use of goods by the Punhasr shall nor r of any claim uda this warranty. Except as whom ho provided in this purchase, meet, the Sellers liability haeudce shall extend no all dntagn proximately cared by me breach of try of the fongowg warranties orb antra, boo such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Portland, may make dreg,, 10 it an. by written change Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 10 the I., other then legal terms, including additions to or deletions form me quantities ongiwlly ordered in the spcitications or drawings, by verbal or wince change Oder. If try such change a@as the amount done or the time of urfamtnec hereunder, an equitable djmtment shall M made. 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gmdh then not shipped, subject to any equitable adjustment hareem the panics m to any walk or materials men in progress provided that the Pumha.scr shall net M liable for any claims for anticipated profits on the uncompleted portion n1 the goods and/or walk, fur incidenal ar Imocc uential damages, red that no such adju nn loot M We in favor of the Seiler with respecrto any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods deliv'cred hereunder. ]. CLAIMS FOR ALIUS fM EN I'. Any claim for adjustment must be asserted within rainy (30) days from the date the change or tennire tin is .salad. 9. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, cold, delivered and famished in strict om,If... , with sell applicable laws and regulations to which the gno& arc subject The Seller shall ...cum ad deliver such dwmmenls as may be required to darn or evidence cant... a. All laws end r,,dladia, mca red no be ncmrpoated in agreements at his character are hereby Incorporated herein by this reference. The Seller agrees to indemnify and hold the PurcM1ascr harmless front all costs and damages suffered by the Pumhaur m a result ofine Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, handier, or convey this order, or any monies due or to become due hereunder without the ,nor wrinen concert ofine other party. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, manuals, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or powers covcmtl by letter, pi trademark or copyright, the Seller shall indemnify and save hamlew the Purchaser front any and all claims for infingemem by reason of the use of such patented design, device, material or pnaess in connection with the common, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to cnsntum infringement and the use of said equipment or pan is enjoined, the Seller shall, .t its own expense send a1 its option, either prncme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so If bccames nonioninging. 15ANSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the Mne01 of crdhom. appoint e rvenivio or tmsme for any of the Sellers pomny business, this order may forthwith be canceled by the Purchaser on business. .,,he., liability. IS GOVERNING LAW. The deb itions oftmers used or the intetpleulum of the agrecmnt end the right of all panics hernder shot] be osmnd under and governed by the laws of the State of Colorado. USA. The following Additional Condition apply only of where the Seller is to perform work bunder. including the services ofrimleo Repnscntativc(O. on me preo misea of edam, U. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed ad acenT d, ad shall, in case of any accident, destruction or injury to the work adror materials bePort Sellers Bob[ completion and acceptance, complete the anti, at Sd1.Ys own eapeme ad to the ni isfachum of the Purchaser. Wlm nationals ad equipment am fum¢hed by others for installation or erection by the Seller, the Seller shall revive, uldod, store and handle blame or the site and Mcomc responsible motor us mough such materials andbr equipment wo Ming funs d by the Seller under din odcr. 18. INSURANCE. The Seller shall, at his own expense, provide fro the payo na of workers compensation, including occupational discover hat to its empbyms employed on or in connmdon with the wad covered by this purchase odcr, ndlor to meir dephuh nt in accordance with the laws of the sum in which the work is to M done. The Seller shall also carry compmhcesive general liability including, but not limited to, contranual ad automobile public liability insurnn with bodily injury and dumb limits ofar Iemt $300p00 for any oar Parican S500,000 far any accident ad perry damage limit per accident of S400.000. The Sella shall likewise require his containers, p ners, if any. to provide for such compensation and insurance. Before any of the Sellers err his cn mean, employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ternficate than such counteraction and insurancc have been provided. Such certificates shall specify the date when such amp reation and insurance have been provided Such ttniticaas shall specify me date when such co rgemaian and insurance expires. The Seller spaces that such con eaurnio s ad insurance shall be maintained until after me mac woh is completed ad wecpud. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all donate, lass or injury of any kind or nature ahatoaver to famous or Romany, caused by or resulting fmnrthe execution of the work provided for in this purchase order or in connection herewith. T he Seiler will indemnity and hold har late the Purchaser and any r all of the Purchasers officers, agents and employees year and against any and all claims, losses, damages charges or expenses, whether direct of indinn, and whether to persons or sensory to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pun of me Sailer, any of his conhaaon. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall M brought against the Purchase, or It officers, agents or employees at any time on account or by noted. of any act, action, neglect omission or deru ill of the Seller ofany of his contractors or any of its or their officers, agents or employees a, aforesaid, the Seller hereby names In .same the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, andnt,ys fees and other expenses, any and all judgment that may be incurred by o obtained against the Purchaser or any of its or 'heir of icon. agents or employees in such air % or other proceedings, and in case judgment or other lien be placed upon or obtained against the pro,ony of the Turfman, or said panics in or as a result of such suits or other proceedings, the Seller will at once came the area to be dissolved and discharged by giving bond or otherwise. The Seller and his commecors shall take all safety munitions. famish and instill all guards mandary for the prevention of accidents. comply with all laws and regulation, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tulea and regulations issued pursuant theme. Revised 032010