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Home My WebLink AboutC22-192 Advanced Network ManagementAdvanced Network Management, Inc Eagle County Government 304 Inverness Way S. Suite 400 500 Broadway Street Englewood, CO 80112 Eagle, CO 81631 Shawn Quinn Jake Klearman 970-328-3595 shawn.quinn@anm.com jake.klearman@eaglecounty.us Eagle County Gov - Rhombus Cameras Quote #: QT-000046091 April 15, 2022 Part Number Description Start Date End Date Term(M)Qty Price Extended Price R200-1TB R200 5MP DOME CAMERA - 180 DAYSPERP 1TB IP 66 IK10 BLE 10 1,352.47$ 13,524.67$ LIC-ENT-5YR 5YR ENTERPRISE CONSOLE LICS LICS 10 593.34$ 5,933.42$ LIC-CLD-1YR 1YR 30DAY CLOUD STORAGE LICS ROLLING BACKUP OPTIONAL 240 50.93$ 12,222.34$ Sub-Total 31,680.43$ Estimated Taxes -$ Shipping Costs 135.25$ Grand Total 31,815.68$ Terms and conditions This Quote is only valid if signed by you within 30 days. After that date, the Quote shall expire and you must contact us to issue a new quote with updated pricing. Taxes are estimated and will be invoiced based on actuals. NTTC required for non-taxable sales. Additional handling and other fees may apply. Expedited shipping is subject to an additional charge. Quote is subject to the attached ANM Terms and Conditions. All software and/or hardware is subject to manufacturer terms and conditions. Subscription fees are non-refundable and payment obligations are non-cancelable and non-negotiable, except where prohibited by law. By signing below, I represent that I am permitted to sign for the above-named entity and hereby authorize ANM to order products and/or perform services in accordance with the terms and conditions of this quote. Customer Signature Date Customer Name (Printed)Title All new orders for Cisco equipment and related Cisco software and services that are submitted on or after December 29, 2021, will be Page 1 DocuSign Envelope ID: AFF1738C-319E-4215-9783-02AC7E3F31C4 IT Ops ManagerJake Klearman DocuSign Envelope ID: 92C6A508-7FDD-45BF-A347-C8A075811285 Jeff Shroll County Manager 4. PAYMENT. Payment is due 30 days from invoice date unless ANM expressly agrees otherwise in writing. Customer agrees to pay to ANM all costs and expenses incurred by ANM with respect to recovering any undisputed amount owed to it under this Agreement including, but not limited to, reasonable attorneys’ fees and costs. Terms and Conditions These Terms and Conditions (“Agreement”) apply to hardware and software (collectively, “Products”) that you (“Customer”) purchase from Advanced Network Management, Inc. or its affiliates (collectively, “ANM”). Products are manufactured by third-party vendors (“Manufacturers”) and may be subject to additional terms which are available at https://anm.com/eulas-and-product-warranties/ (“Manufacturer’s Terms”) and incorporated into this Agreement by reference. Customer accepts this Agreement unless it has a separate signed agreement in which case that separate agreement will take precedence with the exception of the Manufacturer’s Terms. 1. ORDERS. Customer may purchase Products from ANM by signing an ANM-provided quote (“Quote”), issuing a purchase order in response to a Quote, or as otherwise agreed by ANM in writing (collectively, “Orders”). 2. TERM. If Products are provided on a subscription basis, ANM shall provide them from the initial date and for the period listed in the Order (“Initial Term”). Products subject to a term that exceeds 12-months (e.g. 3-year subscription) (“Multi-Year Subscriptions”) are non-cancelable and non-refundable unless Customer is a government entity subject to non-appropriation of funds. ANM reserves discretion to divide the payment for a Multi-Year Subscription into several payments as a convenience for Customer. Following the Initial Term, the Products will automatically renew for a term equivalent in length to the then-expiring term (“Renewal Term”) unless notice is provided to ANM at least 30 days prior to the end of the current term. Any Customer that is a government entity subject to non-appropriation of funds may terminate Products that are subject to a Renewal Term by providing ANM notice at any time prior to the start of the Renewal Term. 3. PRICE. Prices provided on a Quote are subject to change without notice. Applicable taxes will be added to all prices unless a proper tax exemption certificate is provided to ANM at the time an Order is placed. 11. DISPUTES. The enforcement and interpretation of, and all claims or disputes arising out of or related to this Agreement shall be governed by the procedural and substantive laws of the State of New Mexico, including its statute of limitations, without regard to conflict of laws principles that would cause the application of another jurisdiction’s laws to apply. If a dispute arises out of or relates to this Agreement, or the performance or breach thereof, the parties agree first to try in good faith to settle the dispute by negotiation before proceeding to litigation. 12. NOTICES. Any notice, demand, or request required or permitted to be given under this Agreement must be in writing and sent to the parties at the addresses set forth below via hand delivery, overnight courier, or certified or registered U.S. mail. Notices are effective upon receipt. Customer notices shall be sent to the most recent billing address on file with ANM. ANM notices shall be sent to: Advanced Network Management, Inc., ATTN: In-House Counsel, 304 Inverness Way S, Suite 400, Englewood, CO 80112. 13. SEVERABILITY. Any provision in this Agreement that is held by a court of competent jurisdiction to be unenforceable shall be modified by said court and interpreted to best accomplish the original provision to the fullest extent permitted by law. The remaining provisions of this Agreement shall remain in effect. 14. ENTIRE AGREEMENT. This Agreement, together with any Order, constitutes the entire agreement, and supersedes any and all prior agreements between the parties with regard to the subject matter hereof. Issuance of a purchase order responsive to a Quote shall constitute an agreement to this Agreement. Any boilerplate terms included on any such purchase order are expressly rejected and are not part of this Agreement unless prohibited by law. 5. SHIPPING. ANM has sole discretion in selecting a carrier for orders. If Customer requests expedited shipping, then it agrees that ANM is authorized to upgrade the shipping and may bill Customer for all additional shipping charges. Risk of loss or damage to Products will pass upon ANM’s surrender of the Products to the transportation provider (F.O.B. Shipping Point). ANM is not liable for any delays in delivery or for partial or early deliveries. Transportation charges will be in accordance with ANM’s shipping policy at the time of shipment. Claims for Product damage or loss in transit on shipments made by a common carrier must be made by the Customer to the common carrier and in accordance with the terms of the common carrier. For deliveries made by ANM personnel, claims for shortages or damages to Products must be made to ANM within five (5) days of the delivery date. If Customer fails to notify ANM within the five (5) day period, the Products will be deemed accepted. 6. PRODUCT RETURNS; RMA. Products are non-returnable and the prices and fees associated therewith will be non-refundable except as permitted in this Section. Customer may return erroneously shipped Products or Products that the Manufacturer authorizes for return through its Return Merchandise Authorization process (“RMA”). Products damaged after shipment may not be returned. Customer is responsible for complying with all Manufacturer return requirements and Customer agrees that any return may be subject to an ANM restocking fee plus shipping costs which it authorizes ANM to offset against any amounts to be credited to Customer’s ANM account. If Customer has not yet paid for the Product(s), ANM may invoice Customer for the restocking fee. 7. SECURITY INTEREST. Customer agrees that ANM shall have a purchase money security interest in all Products supplied to Customer by ANM under this Agreement until all payments due ANM for said Products are paid in full. ANM shall have the right to file in any state or local jurisdiction such financing statements as ANM deems necessary to perfect its purchase money security interest hereunder. Upon request by ANM, Customer hereby agrees to execute all documents necessary to secure ANM’s purchase money security interest. Customer also agrees that this Agreement may be filed by ANM in any state or local jurisdiction as a financing statement (or as other evidence of ANM’s purchase money security interest). 8. WARRANTIES. Customer represents and warrants that: (a) employees and agents placing orders on its behalf are duly authorized to commit Customer; (b) it will comply with the applicable Manufacturer’s terms and conditions; and (c) it will comply with applicable laws and regulations (including those pertaining to export control) related to its receipt and use of the Products. Product warranties (if any) are provided by the Manufacturer. To the extent authorized, ANM shall pass through to Customer any transferable Product warranties and indemnifications which shall be Customer’s sole and exclusive remedy relating to the Products. WITH THE EXCEPTION OF THE FOREGOING, ANM DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. INDEMNIFICATION. Unless prohibited by law, customer will indemnify, hold harmless, and defend ANM and its affiliates, its officers, directors, employees, successors, and assigns from and against any and all damages, costs, and expenses (including reasonable attorneys’ fees, expenses, and costs) incurred in connection with any third party claims, demands, suits, or proceedings relating to this Agreement. 10. LIMITATION OF LIABILITY. THE ONLY LIABILITY ANM WILL HAVE WITH RESPECT TO PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE THE PRODUCT RETURN RIGHTS DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHAT CAUSE OF ACTION (INCLUDING NEGLIGENCE) OR CLAIM FOR RELIEF IS ASSERTED, IN NO EVENT WILL EITHER PARTY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES. Page 2 DocuSign Envelope ID: AFF1738C-319E-4215-9783-02AC7E3F31C4DocuSign Envelope ID: 92C6A508-7FDD-45BF-A347-C8A075811285