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HomeMy WebLinkAbout524875 SOLARWINDS INC - PURCHASE ORDER - 9145319Fort Collins Date: 09/15/2014 PURCHASE ORDER PO Number Page 9145319 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 524875 Ship To: MIS SOLARWINDS INC CITY OF FORT COLLINS 3711 S MOPAC EXPY BLDG 2 215 N MASON, 3RD FLOOR AUSTIN TX 78746 FORT COLLINS CO 80524-4408 Delivery Date: 09/12/2014 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price i SERVER & APPLICATION MONITOR 1 LOT LS 6,299.00 ALX ANNUAL MAINTENANCE From: SolarWinds Maintenance [<mailto:maintenance@solarwinds.com>I Sent: Tuesday, September 09, 2014 1:13 AMTo: John Husted; Michelle Carr; Heather Baumgartner; Heather Olin; John Husted; Leonard ArellanoSubject: SolarWinds Maintenance - Action Required (SW21825005) SolarWinds, Inc. PO BOX 730720 Dallas TX 75373 United States866.530.8100<http://SolarWinds.com> Bill To Michelle Carr City of Fort Collins 215 N Mason Fort Collins CO 80524 United States Renewal Quote Date 12/1/2014 Renewal Quote # QN414691 Expiration Date 12/15/2014 Currency USA Customer Customer ID SW21825005 End Customer SW21825005 City of Fort Collins SKU # Description Quantity Rate Tax Amount Expire Date 16032 SolarWinds Server & Application Monitor ALX (unlimited monitors -Standard Polling Throughput) - Annual Maintenance Renewal 1 6,299.00 Yes 6,299.00 12/8/2014 Total$6,299.00 Keep your maintenance current to access Tech Support, FREE updates/upgrades, including all major and minor version releases, customer only training, and additional apps/utilities available exclusively to current customers. 1. If you previously ordered through a SolarWinds Partner and would like to order through that partner again, please forward this quote to them for processing. 2. Email your company Purchase Order to maintenance@solanvinds.com <mailto:maintenance@solaminds.com> -or- fax your order to one of the following: US 512.857.0125, Outside the US +353 21 238 0232.3. Please use the link below to pay now via credit card. *No login required.*<http://www.solarwinds.com/renewcart.aspx?eid=9324645&rts=697861>"Contact SolarWinds at maintenance@solanvinds.com <mailto:maintenance@solarwinds.com> with any questions or concerns and we will be happy to assist with your maintenance renewal. Pay terms net 30 days Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page CI / Off 9145319 2 of 3 `t is number must appear ` Collins�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By state the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificnte of Registry 84-N)W587 is regiaered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to t Internal Revenue, Drover, Colorado (Ref Colorado Revised Sludges 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder Or appmeal ofthe design, shall not release me Sella of Grads Repeated. GOODS REJECTED due m failure is men specifications, either when shipped or due to defects of any of the warranties or obl,,,i.. Of this purchase main end shall not be deemed a waiver of any right of the damage in transit, may be rationed to you for credit and ate not to be replaced except upon receipt of written purchaser m insist upon min performance bettor., any of its rights or remedies as to any such good, regardless Instracfions farm or City of Too Collins. of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any onscro d and modification or rescission of this purcluise order by the Purchaser opera. as a waiver of any of the terra Impaction. GOODS are subject o the City of Fan Collins inspection oa arrival. waiver. Final Acceptance. Receipt of the merchandise, services or equipment in dspanse to this order ban result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. aghgized payment on the pan of the City of Fan Collins. However, a is to be understood the, FINAL Seller ab the Purchaser recognise that in actual rc is practice. o enges harresulting f antitrust ACCEPTANCE is dependent upon completion fall applicable required inspection procedures. violations are in fact Some by the Purchaser. ThemHof sm. forgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Parchuef my and all claims it may now have at hereafter Freight Terms. Shipments most be F.O.D.. City of Fort Collins, 700 Wood St, Fan Collins, CO 80523, unless acquired under federal or state antitrust laws fog such overchadges relating to the particular goods or services otherwise specified an this order. If pemrission 6 given to pert freight mail charge separately, the normal freight purchased ar acammal by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charge for rocking will act be accepted Shipment Distance. Where manufacturers have distributing points in various parts of the vacancy, shipment u expected fmm the nearest distribution point to d6lidalion, and excess freight will be deducted fmm Invoice when shipments are —do From former distamc. Permits. Seller shall pmeure at seller able cost all necessary pbrniu, cenificam, and licenses required by all applicable lases, regulations, odinan. and rules of the same. municipality, temmry or ischucnl subdivision wham the work is performed, or requital by any other duly constituted public outhodry having jurisdiction over the work of version. Seller further agrees to hold the City of FOR Collins harmles from and aga ext all liability and lass incurred by hem by reason of an auened or established violation of any such laws, regulation, ordinances, rules and requirements. Authorization. All games to this combat agree that the repreeenmtives me, in fact, bona fide and possiss fall and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set form and any supplementary or additional terms and conditions annexed hereto or incoopomted herein by reference. Any additional or different terms and conditions proposed by seller are c hpaud to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment w arrive on your prumised delivery date as rated. Time is of the essence. Delivery and pe,fmawe mast be effected within the time ,rats] an the purchase .,der and the documents attached hereto, No acts of the Purchasers including, without limitation, acceptance Of p:mirl late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to Marc legal and equitable remedies, the Option of placing this order elsewhere and holding the Seller liable or damages. Ifwe.er, the Seller shall not be liable for damages as a reult of delays due to wows not miserably foreseeable which ace beyond its reasonable control and without its fad, of negligence, such acts of God, acts ofeml or milany authorities, governmental priontics, fires, strikes, flood, epidemics, wars or nog provided that notice ofthe conditions causing such delay is given to the Purchase within face (5) days of the time when ere Seller four received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time wholly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomr with applicable drawings, specifications, samples mrNor other descriptions given, will be fit for the proposes imended, and performed with the highest degtce of core and competence in accordance with accepted standards for work of a similar woure. The Seller agree to hold ere purchaser harmless from any loss, damage or expense which the Purchaser may sulfa or incur on account of me Sellers breach of warranty. The Seller shall replace, Man or male good, without cost to the purchases, any defers of faults arising within one (I) year or within such longer period of time as may be prnmbN by law or by the terms army applicable warranty provided by me Sella after the date of acceptance of the good famished hereunder (acceptance non to be unreasonably delayed), msulling fmm containment or defective work done or materials famished by the Seller. Acceptance or case of good by the Purchaser shall or mmtitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereuber shall extend to all damages proximately caused by err beach of any of me foregoing warranties or guarantees, but such liability shall in no event include lass of prefiu or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terra by written change make. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the term, other than legal term, including add mbar to or deletions from the quantities originally ordered in tar specifications or drawings, by vernal or "men change Omer If any such change afew, the amount due or the time of performance hereunder, an equitable adjustment shall be rube. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or ancients then in progress provided that the Purchaser shall not be liable for any claims for anticipated Pm6ts on the uncompleted Fusion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such wormration shall relieve the Purchaser or the Seller of any of their obligations in to any goad delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be mimed within this] (30) days from he date the change or termination is Ordered, S. COMPLIANCE WITH LAW. The Seller warrants in,n all goads mld hereunder shall have been produced, sold, delivered and famished in order compliance with all applicable laws and regulations to which the goad, are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ouncpomted In agreements of this diameter arc hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless from all costs and damages suffered by be Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or as become due hereunder without the prior wdnent cement of me other party, 10, TITLE. The Sella warrants full, than and unresrricted title In the Purchaser for all egair., materials, and items fiunished in performance of this agreement, free and dear of any and all liens, restrictions, reservations, memory commit mcumbrdn<es and claims of other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcu the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller Inicafter indicates its inability or unwillingness to comply, no Purchaser may muse the work to be performed by the most expeditious mean available on it, and the Seller shall pay all cots associated will such work. The Sella shall release the Purchaser and its contractors of my tier from all liability and claims of my ramre resulting from me performance crouch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend m the dirvctars, officers and employees critics party. The Sellers contractual obligations, including warranty, shall na be deemed to be, reduced, in any way, because such work is performed or caused to her performed by the Purchaser. 14. PATENTS. Whenever the Sell,,is required 1. tie any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such cono,ement m any time during the movarn an or after the completion of the work. In case said ryuipment, or any ,an thereof or the Intended use of the goods, is in such suit held to constitute infringement and the ase of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Parchacer the right to continue in, said equipment or pans, replace the same with substantially ego] but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment fur the benefit of creditors, appoint a observer or aware for any of the Sellers pmpeey or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the incarnation ofthe agreement and the rights of all parties hereuder shall be construed under and governed by the laws after Suite afColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including he services of Sellers Reprexa mtive(s), on me premiss of om,rs. 17. SELLERS RESPONSIBILITY:' The Seller shall mrry an said work at Sellcrs own risk until the same is fully completed and accepted, and shall, in was of any accident, destruction in injury to the work andir materials befog Sellers final completion and acceptarm, mmpine Ne weak al Sellers own expense and an he satisfaction of the Forebear. When materials and equVpmenr are fumrslud by offers for immllgion or erection by the Seller, me Seller shall receive, commit, start and handle same at the site and become responsible therefor as though such materials arWar equipment were being finished by the Sell,, ubn the matt. I S. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including accupatio red disease benefu, to its employees employed on at in connection with the work covered by this pahase order, and., m heir steamboats in accordance with the laws of the state in which he work is to be done. The Seller shall also carry comprehensive general liability including, but nal limited to, contractual and musambile public liability wommuce with bodily injury and death limits of at least S310,000 for any one person, S500,000 for any one accident d property damage limit per accident of 5400.01 The Seller shall likewise require his cca contractors, if any, to provide for such compensation and imurance. Before any of the Sellm or his sco moors employees shall do any work upon the premises of others, the Seller shall famish me Purchaser with is cenifiwle oral such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expres. The Seller agrees that such compensation and insurance shall be contained until after me entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENT S AND DAMAGES. The Seller hereby assumes the entire rcsWnsibil ity and liability for very and all damage, loss or injury of any kind or re whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claims, losses, duni charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase may be put or subject by reason or any act, action, neglect, omission or default on the pan of me Seller, any or his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings shall be brought again,, the Purchaser, or its officers, agents or employees at any time on woman or by reawn of any act, action, neglect, omission or dellmlt of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and an defend he same in the Sellers own expense, to pay any and all costs, charges, arotneys fees and other expenna, any and all judgments Oat may be incurred by or obtained against the Purchaser or any of iu or heir officers, agents or employees in such suits ar other proceedings, and in crew judgment or other lien be placed upon or obtained against me property ofthe Dominion, on said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Ocmpatiaol Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OT2014