MAINTENANCE CONTRACT DETAIL
Napa CA City Of
Account Nbr: MDC-1810
Contract: 1-2H93U17 Napa CA City Of 20-21 SQL
PO#: P131769
Performance Period: 12/1/20 through 11/30/21
Currency: USD
Bill To: Ship To:
Napa CA City Of
Aaron Medina
1539 First Street
Napa
CA 94559
USA
Napa CA City Of
Gus
Ulloth
1539 First Street
Napa
CA 94559
USA
Site Number: 00108124
Ln Base Part Description Serial Begin End Service Level Mths Qty Mth Cost Total Cost 1 7LQ-00001 Microsoft SQL Server 2012 ENT
Edition RUNTIME - 2 core pack
12/1/20 11/30/21 Premium 12 8 $136.13 $13,068.48
Subtotal for Site Number 00108124 $13,068.48
Grand Total Excluding Tax $13,068.48
EXHIBIT E
09/01/2020
V003548
P131769
ITEM UNIT PRICEDESCRIPTION QTY EXTENSIONUNIT
RQ037519REQUISITION NO
PURCHASE ORDER
n
FOB
VENDOR I.D.
DATE
DELIVERY DATE
P.O. NUMBER
SEND INVOICE TO:
Police Department
DELIVER ITEMS TO:
P.O. Box 660
7072579515
Napa, California 94559
City of Napa
OUR PURCHASE ORDER NUMBER MUST
LIST AND CORRESPONDENCE.
APPEAR ON ALL INVOICES, PACKING
Fax #(800)3454856Phone #
INTERGRAPHTO:
CHICAGO, IL 606777001
7104 SOLUTION CENTER
Police Department
1539 First Street 1539 First Street
City of Napa City of Napa
NAPA, CA 94559 NAPA, CA 94559
A
NO C.O.D. SHIPMENTS WILL BE ACCEPTED
AUTHORIZED SIGNATURE
M.S.D.S. REQUIRED FOR ALL HAZARDOUS PRODUCTS
THE CITY IS NOT SALES TAX EXEMPT
(PLEASE REVIEW PAGE 2)
"CITY OF NAPA PURCHASE ORDER TERMS AND CONDITIONS."
IF YOU REQUIRE A SIGNED ORIGINAL, PLEASE CALL OUR
THIS ORDER IS SUBJECT TO GENERAL TERMS AND CONDITIONS,
PURCHASING DEPARTMENT.
Microsoft SQL Server 2012 ENT 1.000001 13,068.4813,068.48YR Edition RUNTIME - 2 core pack
Performance Period:
12/1/20 through 11/30/21
13,068.48Net:
13,068.48TOTAL
A
NO C.O.D. SHIPMENTS WILL BE ACCEPTED
AUTHORIZED SIGNATURE
M.S.D.S. REQUIRED FOR ALL HAZARDOUS PRODUCTS
THE CITY IS NOT SALES TAX EXEMPT
(PLEASE REVIEW PAGE 2)
"CITY OF NAPA PURCHASE ORDER TERMS AND CONDITIONS."
IF YOU REQUIRE A SIGNED ORIGINAL, PLEASE CALL OUR
THIS ORDER IS SUBJECT TO GENERAL TERMS AND CONDITIONS,
PURCHASING DEPARTMENT.
EXHIBIT E
1. A. GENERAL PURCHASE ORDERS: The materials, equipment, supplies or services covered by this order shall be furnished by Supplier/Contractor/Seller(Supplier) subject to all the
CITY OF NAPA PURCHASE ORDER TERMS AND CONDITIONS
terms and conditions set forth in this order including the following, which Supplier, in accepting this order, agrees to be bound by and to comply with all particulars and no other B. CONTRACT PURCHASE ORDERS: The materials, equipment, supplies or services covered by this order shall be furnished by Supplier/Contractor/Seller(Supplier) subject to all the and then only to the extent that such terms are consistent with the terms and conditions of this order. in this order are included and made a part of the order only to the extent it specifies the materials, supplies, or services ordered, the price therefore, and the delivery thereof, the performance of all or any portion of the services, covered by this order shall constitute unqualified acceptance of all its terms and conditions. The terms of any proposal referred to terms or conditions shall be binding upon the parties unless hereafter accepted by them in writing. Written acceptance or shipment of all or any portion of the materials or supplies, or terms and conditions set forth in the contract or agreement instrument negotiated with the City. The terms of the contract or agreement instrument supersede all remaining agency, is exempt from the payment of said tax and will issue an exemption certificate.
8. EXCISE TAX: If federal excise tax is applicable to the transaction, it must be clearly stated so and excluded from the price of the article. The City of Napa, as a government of supplies/services, quantities and units of measure, unit prices and extended totals.
7. INVOICES: Invoices shall contain the following information: Supplier's Federal Tax I.D. number, purchase order number, invoice number and date, item number, description must be approved by the City's authorized representative(s) in writing (formal change order, amendment, or revision) before Supplier proceeds with such change. time required for the performance of the order, an equitable adjustment shall be made in the order price, delivery schedule, or both. Any claim by Supplier for adjustment in this cause
6. CHANGE ORDERS: The City may at any time make written changes within the general scope of the order. If any such changes cause an increase or decrease in the cost of, or in the such gross mistakes as amount to fraud.
of this order for unaccepted services and materials and supplies incidental thereto. Notwithstanding final acceptance and payment, Supplier shall be liable for latent defects, fraud or the City under other provisions of this order, shall reimburse the City for all transportation costs, other related costs incurred, or payments to Supplier in accordance with the terms City, the City may terminate the order in whole or in part. Supplier shall bear all risks as to rejected services and, in addition to any costs for which Supplier may become liable to supplies, or services at a reduction in price which is equitable under the circumstances. If Supplier is unable or refuses to correct such items within a time deemed reasonable by the furnished therewith are found to be incomplete, or not as specified, the City may reject them, require Supplier to correct them without charge, or require delivery of such materials, specified in this order free from all defects in Supplier's performance, design, workmanship and materials. If, prior to final acceptance, any services and any materials and supplies
5. INSPECTION AND ACCEPTANCE: Inspection and acceptance shall be at destination, unless otherwise provided. The services, materials and supplies furnished shall be exactly as freight is to be prepaid and added to the invoice. In that case a copy of the paid express or freight bill must be attached to the invoice.
4. FREIGHT CHARGES: All shipments are F.O.B. Destination, Supplier pays charges, unless specified otherwise in the body of this order. If an order is agreed upon as F.O.B. Origin,
3. PACKING: No charges for transportation, containers, drayage, packing, etc. will be allowed unless so specified in the order. order and any additional Specification incorporated. Delivery is defined as complete delivery in good order, at place designated in the Specifications/Purchase Order.
2. DELIVERY: Supplier shall deliver the items and/or services stated herein free from any and all claims, debts, or demands whatsoever. Deliveries shall be made as set forth in this conditions listed. Contract purchase orders are solely an instrument for issuing payments on contracts and agreements.
9. SALES AND US TAXES: Sales tax must be shown on the invoice as a separate item.
10. PAYMENTS: Payment terms are Net 30 unless otherwise agreed to by both parties. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from the date of receipt of invoice, whichever is latest. Each payment obligation of the City is conditioned upon the availability of state or local copyright or registered trademark heretofore granted, and the Supplier shall defend and pay the entire cost of defending any claim or suit whenever or wherever made or brought
12. PATENT RIGHTS: Any equipment or service to be furnished hereunder shall not, either in construction, manufacture, use, sale or other particular, infringe any letters patent, indemnification to be provided by Supplier. This indemnification shall survive termination of this agreement.
This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of the whether or not there is concurrent passive negligence on the part of the City. City shall be reimbursed for all costs and attorneys' fees incurred by the City in enforcing this obligation.
Supplier, from any cause whatsoever, directly or indirectly, arising out of or in connection with the activities of Supplier, its agents, employees and subcontractors, provided for herein against any and all liability, actions, claims, damages, costs or expenses including attorney's fees and costs and expenses of suit, which may be asserted by any person, including
11. INDEMNITY: Supplier agrees to protect, release, defend, indemnify and hold harmless, City, its officers, elected and appointed officials, employees, agents and volunteers from and by the Supplier, the product or service directly or indirectly involved in the performance of that function may be terminated by the City at the end of the period for which funds are available. government funds which are apportioned or allocated for the payment of such an obligation. If the funds are not allocated and available for the continuance of the function performed against the City based upon an infringement or alleged infringement of such letters patent, copyright or registered trademark and shall indemnify, defend and save harmless the City
19. INTEGRATION CLAUSE: This purchase order is limited to the terms and conditions contained on the face and back thereof. Any additional or different terms in the Supplier's (including reasonable attorneys' fees).
18. ATTORNEYS' FEES AND COSTS: In any action by a party to enforce its rights hereunder, the nonprevailing party shall pay the prevailing party's legal costs and expenses by California law; and any action brought by either party to enforce any of the terms of the agreement shall be filed with the Superior Court of the County of Napa, California.
17. GOVERNING LAW: All questions of validity, interpretation or performance of any of the terms or of any rights or obligations of the parties to this agreement shall be governed connection with products, materials and services supplied to the City. regarding Workers' Compensation insurance. Supplier will procure & maintain insurance against claims for injuries to persons or damages to property that may arise from or in applicable State and Federal Laws. Supplier will comply with all applicable laws, rules & regulations including, but not limited to, the requirements of Labor Code Section 3800
16. COMPLIANCE WITH LAWS: It is understood that all materials and/or services provided by Supplier shall conform to the applicable requirements of City Ordinances, and all service. The City may, upon giving thirty (30) calendar days written notice to Supplier, terminate the order with or without cause.
Due cause for termination shall be, but not limited to, the best interests of the City, failure of the product to meet specifications, and/or for reasons of unsatisfactory
15. TERMINATION: The City may, by giving ten (10) calendar days written notice to the Supplier, terminate this order prior to the designated completion date FOR DUE CAUSE. of an order awarded hereunder.
customer for such supplies/services, and that the rights and remedies provided herein are in addition to, and do not limit any rights afforded to the City by, any other clause
14. WARRANTY: The Supplier agrees that the supplies/services furnished under this order shall be covered by the most favorable commercial warranties the Supplier gives to any Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. in writing a Recovery Plan for this order. If the Recovery Plan is not acceptable to the City or not received within 10 calendar days of the necessary notification of delay or Force Force Majeure or not. Supplier shall not be held accountable for additional costs incurred due to default as a result of Force Majeure. When delay is ascertained Supplier is to submit excess costs occasioned to the City thereby. Supplier must notify the City immediately upon knowing that nonperformance or delay will apply to this order whether as a result of
13. DEFAULT BY SUPPLIER: In case of default by Supplier, the City reserves the right to procure the goods or services from other sources and to hold the Supplier responsible for any from and against any and all liability, damage, loss or injury adjudged or sustained in any such claim or suit. form are hereby deemed to be material alteration and notice of objection to them and rejection of them is hereby given.
EXHIBIT E
EXHIBIT E
MAINTENANCE QUOTATION DETAIL
Napa CA City Of
Account Nbr: MDC-1810
Quote: 1-2H93U17 Napa CA City Of 20-21 SQL
PO#: TBD
Performance Period: 12/1/20 through 11/30/21
Currency: USD
Bill To: Ship To:
Napa CA City Of
Aaron Medina
P O Box 660
Napa
CA 94559-0660
USA
Napa CA City Of
Gus
Ulloth
P O Box 660
Napa
CA 94559-0660
USA
Site Number: 00108124
Ln Base Part Description Serial Begin End Service Level Mths Qty Mth Cost Total Cost 1 7LQ-00001 Microsoft SQL Server 2012 ENT
Edition RUNTIME - 2 core pack
12/1/20 11/30/21 Premium 12 8 $136.13 $13,068.48
Subtotal for Site Number 00108124 $13,068.48
Grand Total Excluding Tax $13,068.48
EXHIBIT E