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HomeMy WebLinkAbout155173 01/10/2008 CITY OF CARMEL, INDIANA VENDOR: 00353053 Page 1 of 1 ONE CIVIC SQUARE ASAP SOFTWARE CARMEL, INDIANA 46032 PO Box 95414 CHECK AMOUNT: $4,325.65 CHICAGO IN 60694 -5414 CHECK NUMBER: 155173 CHECK DATE: 1110/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1202 R4351502 16596 3747025 3,091.17 MCAFEE AVD .Mb 2200 R4463202 17775 3747708 308.62 OFFICE PRO SOFTWARE 1301 4463202 3748102 308.62 SOFTWARE 601 5023990 3748107 154.31 OTHER EXPENSES 651 5023990 3748107 462.93 OTHER EXPENSES I TO emSunE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH vOun nEN/i|TTxwCE NET 30 103748102136-3328437 IN CITY OF CARMEL 01/12/2008 2105259 VILA OFFICE PRO PLUS 2007 1 1 0 N 308.62 308.62 MICROSOFT THANK YOU FOR YOUR ORDER A SAP SOFTWAR E ONE C IVIC SQUARE UNITED STATES Please keep original box for any returns. If you wish to request a return T OT) authorization, contact our Quality Assurance Department at 800 or via e at returns@asap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES MWARS 960D I U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLYI IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "Agreement apply to your purchase of computer systems and /or related products and /or services and support sold in the United States "Product from Dell. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Dell's Return Policy. (See: http: /www. dell .com /policy /legal warranty.htm. THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE IUs E MENT" SHALL GOVERN; OR (II) OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Dell. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at https: support.dell.com /dellcare /invoice.aspx or by contacting your sales representative. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Dell prior to Dell's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Unless you and Dell have agreed to a different discount, Dell's standard pricing policy for Dell- branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell is not responsible for pricing, typographical, or other errors, in any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Dell to Customer on shipment from Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Dell's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCTS CAN BE FOUND AT http: /www. dell .com /policy /legal warranty.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCTS. DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NON -DELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT. SUCH PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY DELL AS IS AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DELL BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE. AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL. DELL MAY REQUEST CANCELLATION OF THIRD PARTY- BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD PARTY BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY. 6. Software. Ali software is provided subject to a license agreement and you agree that you will be bound by such license agreement. 6. Return Policies; Exchanges. Dell's return policy can be found at http: /www.dell.com /policy /legal /warranty.htm. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Dell will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent to-new, or reconditioned. 8. Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, Dell and /or your third -party service provider may provide such service and support to you in the United States in accordance with the term and conditions located at http: /Iwww. dell. com /us /em /gen/ services /service_service_contracts.htm or as otherwise delivered to you. Dell and /or your third -party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Dell has no obligation to provide service or support until Dell has received full payment for the Product or service/support contract you purchased. Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third -party and not Dell. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Dell and/or your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by Dell or your- third -party service provider. Dell and /or your third -party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell and /or your third -party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Deli to be liable for copyright infringement if those files were copied by Dell and /or your third -party service provider. 9. Limitation of Liability. DELL DOES NOTACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 10. Applicable Law, Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Dell has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www. dell. com /policy /legal/termsofsale.htm. 11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its Interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement). Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http: /www.arb- forum.com, or via telephone at 1- 800 -474- 2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 -16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. (R 05101107) City Form No. 201 (Rev. 1995) Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. /'L� 9.s41 `F Terms to 5 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) /A31 0_7 IO 2 1� 3OY- Total 30 2 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF ON ACCOUNT OF APPROPRIATION FOR (a Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or kol 3 wyl53 (3a,0a 30 6d bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 Sig ature Tit Cost distribution ledger classification if claim paid motor vehicle highway fund �a L ASAP INVOICE INVOICE NO: 3748107 Software! INVOICE DATE: DEC 13 2007 CUSTOMER NO: 170800 850 ASBURY DRIVE AMOUNT DUE: 617.24 BUFFALO GROVE IL 60089 Please Pay in UNITED STATES DOLLARS DUE DATE: JAN -12 2008 PLEASE BE SURE THIS ADDRESS SHOWS THROUGH WINDOW. R S E. :M; ?T ASAP SOFTWARE o: PO BOX 95414 T IN CITY OF CARMEL a, CHICAGO IL 60694 -5414 U ONE CIVIC SQUARE II I�n IInnIIn l�lullnlllllnll �luII II II IIu �I Il ll ll ll 1111 CARMEL IN 46032 209- 2/2:234 TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A INUOICf INVOICE CUSTOM)R- �S7DMER PD Nq'f AfiTENTI:ON SHL�:.V:IA PAGE NUMBER DATE NUMBER 03748107 12/13/2007 170800 510863 LISA KEMPA FEDEX GRND OUR COST 1 OF 1 ORDER DUf TERMS NUMBER; ASAP :;FED TAX?:I O ..NUMBER SOL17 TO DATE: NET 30 03748107 36- 3328437 IN CITY OF CARMEL 01/12/2008 ITEM. NUMBER DESCRIPTION< OUNT OTY: O7Y QTY UN,t7 ORDER60 ,SHIRPED BIO:.. A PRICE AN 2105259 VILA OFFICE PRO PLUS 2007 2 2 0 N 308.62 617.24 MICROSOFT 79P -01207 SPECIAL INSTRUCTIONS INVOICE SALE ANIpUNT: 617.24 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FREIGHT .H(QHDLIHG; BUFFALO GROVE IL 60089 LNSURgNCE, 0.00 SHIP TO PHONE: 847- 465 -3700 FAX: 847- 465 -3277 CARMEL UTILITIES WWW.ASAP.COM 760 3RD AVE. SW STE 110 SAL. ES 0.00 CARMEL IN 46032 UNITED STATES Please keep original box for any returns. If you wish to request a return TOTAL 617 .24 authorization, contact our Quality Assurance Department at 800 272 -3717 or via e-mail at returns @asap.com. )I FACF CFF TMPf1RTANT TERM¢ A RIINPITTTIIN� nN THE RFVERCE SIDE OF THIS INVOICE- Please Pay i0 UNITED STATES �UZL�aRS VOUCHER 074312 WARRANT ALLOWED 353053 OQ IN SUM OF ASAP SOFTWARE VP,.O. BOX 95414 IL 60694 -5414 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 02,E 3748107 02- 2308 -00 $154.31 Depreciation l SP Voucher Total $154.31 •'D ost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) i ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 353053 ASAP SOFTWARE Purchase Order No. P. O. BOX 95414 Terms CHICAGO, IL 60694 -5414 Due Date 12/29/2007 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/29/200" 3748107 $154.31 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer TO ENSURE PROPER CREDIT, PLEASE RET61RIN THE UPPER PORTION WITH YOUR REMITTANCE. Al INVOICE VOICE]!::: INVOICE T NUMBER F CUSTOM PD NO: :::AT PAGE:::-. DATE ER 03748107 12/13/2007 170800 S10863 LISA KEMPA F.L.Z. OUR COST I OF 1 2 DU E ro. 7 X X: l X SOLD :DATE, NUMBER: 117: TAX `V�.D. :::NUMBER NET 30 03748107 36-3328437 IN CITY OF CARMEL 01/12/2008 0T y AHOUNF Ty 'T I TEM i. N UMBER E'll L DESCRIPT A .'ORDERED':':':' PR ICE 2105259 VILA OFFICE PRO PLUS 2007 2 2 0 N 308.62 617.24 MICROSOFT 79P-01207 SPECIAL INSTRUCTIONS INVOICE SALE AMOUNT 617.24 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRI VE FREI GHT, ::HANDLING LJ BUFFALO GROVE IL 60089 0•00 SHIP TO PHONE: 847-465-3700 FAX: 847-465-3277 CARMEL UTILITIES WWW.ASAP.COM 760 3RD AVE. SW STE 110 SALE S 0.00 A L CARMEL IN 46032 L' A UNITED STATES Please keep original box for any returns. If you wish to request a return 617.24 authorization, contact our Quality Assurance Department at 800-272-3717 or via e-mail at returns@asap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES WLEARS 96001 U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLY? IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THA' MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. a These terms and conditions "Agreement apply to your purchase of computer systems and /or related products and /or services and support sold to the United States "Product from Dell. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agree ft vs+ wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Doil's Return Policy (See htip:llwww. dell .comlpolicyBegaliwarranty.htm. THIS AGREEMENT SHAT i (1) YOU HAVE SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER DELL TERMS AND CONDITIONSari i dE TRANSACTION. 1. Other Documents. This Agreement may NOT ve alter;•, supp emented. or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and bell. If you do not receive an invoice or acknowledgement in the mail, via e -mail, or with your Product, information about your purchase may be obtained at https:l/ support .delLcom /dellcareflnvoice.aspx or by contacting your sales representative. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Dell prior to Dell's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the Invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Unless you and Deli have agreed to a different discount, Dell's standard pricing policy for Dell- branded systems. which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell is not responsible for pricing, typographical, or other errors, in any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Dell to Customer on shipment from Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Dell's responsibility. Loss or damage that occurs during shipping by a carrier seiected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable ticensor(s). 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL- BRANDED HARDWARE PRODUCTS CAN BE FOUND AT http: /www. deli .comipolicyllegallwarranty.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL- BRANDED PRODUCTS. DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NON -DELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT. SUCH PRODUCTS, SERVICES, MAINTENANCE OR SUPPORTARE PROVIDED BY DELL "AS IS" AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORTARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELI_. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL- BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT, DELL- BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL. DELL MAY REQUEST CANCELLATION OF THIRD PARTY- BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD- PARTY BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY. S. Software. All software is provided subject to a license agreement and you agree that you will be bound by sach license agreement. i Return Policies; Exchanges. Dell's return policy can be found at thttp:,' /www. dell .corn/policy /legallwarranty.htm. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fait to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for PrcduO that Is Last damaged, modified or otherwise processed for disposal or r esale. At De'Ts discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. A Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product at any time without notice to you and this may affect information saved in your online 'cart.' Dell will Ship Product that have the functionality and performance of the Product ordemd, but changes between what is shipped and what is described in a specification sheet or catalog are poss,ble Parts used in repairing or servicing Product may be new, equivalent -to -new, or reconditioned. 8. Service and Support, Service offerings may vary from Product to Product. In addition to these terms and conditions, Dell and/or your third -party service provider may provide such service and support to you in the United States in accordance with the term and conditions located at http :llwww. dell. comlus/ em/ gen/ servicestservice _service_contracts.htm or as otherwise delivered to you Dell and/or your third -party service Provider may at their discretion,. revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Deli has no obligation to provide service or support until Dell has received full payment for the Product or servicelsupporl contract you purchased. Dellis not coligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third-party and not Deli. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Deli and/or your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any actor omission, including negligence, by Dell or your -third -party service provider. Dell andfor your third -party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell and /or your third -pally service provider providing service or support, you represent that your systems) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and/or your third -party service provider. 9. Limitation of Liability. DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANYAMOUNT OF DAMAGES A80VF THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALLAPPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 10, Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the vadous states and of the United States. You agree and represent that you are buying only for youf own internal use only, and not for resale or export. Dell has separate teens and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www. delLcom /policyllegalltermsofsate.htm. 11. Governing Law, THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the fult extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http: /www.arb -forum COm, or via telephone at 1- 800-474- 2371). In the event of any inconsistency or conflict between NAP Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 -16 (FAA), Any award of the arbitrators) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside_ Each party shall pay for its own costs and attorneys' fees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAP at P.O. Box 50191, Minneapolis, MN 55405. (REV 05101107) VOUCHER 077008 WARRANT ALLOWED 353053 7 IN SUM OF ASAP SOFTWARE I O Box 95414 ,hicago, IL 60694 -5414 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 3748107 02- 2308 -00 $462.93 Depreciation r. �P Voucher Total $462.93 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, t, price per unit, etc. Payee 353053 ASAP SOFTWARE Purchase Order No. P 0 Box 95414 Terms Chicago, IL 60694 -5414 Due Date 12/29/2007 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/29/200; 3748107 $462.93 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer ASAP Software INVOICE INVOICE NO: 3747025 7 INVOICE DATE: DEC 11 -2007 CUSTOMER NO: 170800 850 ASBURY DRIVE AMOUNT DUE: 3,091.17 BUFFALO GROVE IL 60089 Please Pay in UNITED STATES DOLLARS DUE DATE: JAN 10 2008 PLEASE BE SURE THIS ADDRESS SHOWS THROUGH WINDOW. S f 0; M IN CITY OF CARMEL I: ASAP SOFTWARE a 1 CIVIC SQUARE T PO BOX 95414 T o T: CARMEL IN 46032 a;; CHICAGO IL 60694 --5414 109 1/1:109 TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A I,NVO CE iNVOI:¢E CUSTOMER NUMBER QATE,, :NUMBER': CUSTOMER PO RQ ATTENTION SHIP V,:IA PAGE 03747025 12/11/2007 170800 16596 TERRY CROCKETT FEDEX GRND OUR COST 1 OF 1 e; ORDER `i DUf ASAP :;FED, TAXI 0. NUMBER .SOLD TU BATE NET 30 03747025 36- 3328437 IN CITY OF CARMEL 01/10/2008 ITEFt NUMBERS DESCRIPTION E AMQl1:NT QTY ATY QTY UNIT T „ORDI:R(:D ..SHIPPED`: BJO Pfi'ICE 2302315 VLA MCAFEE AVID TO TEN XGRADE PERPETUAL LICENSE 501 501 0 N 2.93 1,467.93 MCAFEE AV2CXE -DA -FI 2454981 VLA MCAFEE AVID TO TEN XGRADE 1 YR MAINT 501 501 0 N 1.95 976.95 MCAFEE AV2YFM -DA -FI COVERAGE THROUGH 12/2008 2454981 VLA MCAFEE AVD TO TEN XGRADE 1 YR MAINT 501 501 0 N 1.29 646.29 MCAFEE AV2YFM -DA -FI COVERAGE THROUGH 12/2008 5 /1j 1/l SPECIAL INSTRUCTIONS INVOICE SALE AfUIOUt�i 3,091.17 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FR_EIGHr HANDLING BUFFALO GROVE IL 60089 B.,INSURANCE ..i; 0.00 SHIP TO PHONE: 847 -465 -3700 FAX: 847 -465 -3277 CITY OF CARMEL WWW.ASAP.COM THREE CIVIC SQUARE SAS�a 'TA)f 0.00 CARMEL IN 46032 UNITED STATES Please keep original box for any returns. If you wish to request a return ©TAL 3,091.17 authorization, contact our Quality Assurance Department at 800- 272 -3717 or via e-mail at returns @asap Q6 F PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES DOLLARS 96001 l U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLYI IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "Agreement apply to your purchase of computer systems and/or related products and/or services and support sold in the United States "Product from Dell. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Deli's Return Policy. (See: http: /Avww. dell .com /oolicyhegalmarranty htm. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented. or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Dell. If you do not receive an invoice or acknowledgement in the mail, via e -mail, or with your Product, information about your purchase may be obtained at https:1 1supportoelicomfdetica roil nvoice.aspx or by contacting your sales representative. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Hell prior to Dell's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Unless you and Deli have agreed to a different discount, Dell's standard pricing policy for Dell- branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion or the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell is not responsible for pricing, typographical, or other errors. in any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale Title to products passes from Dell to Customer on shipment from Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Dell's responsibility Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order, Shipping dates are estimates only Title to software will remain with the applicable licensor(s). 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCTS CAN BE FOUND AT http:llvnvw. dell .comipolicyllegal /warranly.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCTS, DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NOWDELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT, SUCH PRODUCTS, SERVICES. MAINTENANCE OR SUPPORT ARE PROVIDED BY DELL "AS IS" AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DELL- BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL, DELL MAY REQUEST CANCELLATION OF THIRD PARTY- BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT, IF YOU PURCHASE THIRD- PARTY BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY. 5. Software. Ali software is provided subject to a license agreement and you agree That you will be bound by such license agreement. 6. Return Policies; Exchanges. Dail's return policy can be found at htt p:/l www. dell.com /policy.9egal /warranty.htm, You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for Product that is lost. damaged, modified or otherwise processed for disposal or resale. At Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product at any time without notice to you and this may affect information saved in your online `cart." Dell will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent -lo -new, or reconditioned. a. Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, Dell and /or your third -party service provider may provide such service and support to you in the United States in accordance with the term and conditions located at http: /Iwvvw. deli. comf uslemf genise" icesiservice _service_contract5.htm or as otherwise delivered to you Dell and/or your third -party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Dell has no obligation to provide service or support until Dell has received full payment for the Product or servicelsupport contract you purchased. Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third -party and not Dell. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support)_ Dell and/or your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of systems) arising out of the services or support or any act or omission, including negligence, by Dell or your third -party service provider. Dell and/or your third -party service provider is not permitted bylaw to copy pirated or copyrighted materials or to copy or handle illegal data Prior to Dell and/or your third -party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all fifes on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and/or your third -party service provider. 9. Limitation of Liability. DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. R0. Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for ynur own internal use only, and riot for resale or export. Dell has separate terms and conditions governing resale of Product by third patties and transactions outside the United States. Terms and conditions for resale are located at, wv,^w.del corn !policylfegal /termsofsate.htm. 11. Governing Law, THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's aovertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 12, Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, 'Dell arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at htlpalwww.arb- fcrum.com. or via telephone at 1- 8+00 -474 2371). in the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control, The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable the entire arbitration provision shall not bf. enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal ArWratlon Act 9 U.S.G. sec. 1 -16 (FAA1. Any award of the arbitrators) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competentjuhsdiction Dell will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, it any. However, if any customer prevails on any claim that affords the prevailing party attorneys fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. information may be obtained and claims may be filed with the NAF at P.O. Box 50191. Minneapolis, MN 55405. (RLV 05101/07) Prescdted by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL r An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee ASAP Software Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) -9 7 $3,091.17 Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER IN107/08WARRANT NO. oftware ALLOWED 20 P.O. Box 95414 IN SUM OF L 60694 641 $3,091.17 ON ACCOUNT OF APPROPRIATION FOR General Fund 1202 Information Systems Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the final 3747025 15 -02 $3,091.17 materials or services itemized thereon for which charge is made were ordered and received except 20 h a at Oft Cost distribution ledger classification if Title claim paid motor vehicle highway fund n ASAP INVOICE INVOICE NO: 3747708 L L7 Software INVOICE DATE: DEC 12 2007 I ORIGINAL CUSTOMER NO: 170800 850 ASBURY DRIVE AMOUNT DUE: 308.62 BUFFALO GROVE IL 60089 Please Pay in UNITED STATES DOLLARS DUE DATE: JAN 11 2008 PLEASE BE SURE THIS ADDRESS SHOWS THROUGH WINDOW. ?:R> 4 IN CITY OF CARMEL: ASAP SOFTWARE o 1 CIVIC SQUARE T: PO BOX 95414 T CARMEL IN 46032 -2584 a: CHICAGO IL 60694 -5414 ,Q. IIIIII II II IIII II II IIIIIIII IIIIIIII IIII (IIII III II II l1II1I1IlI IIIIIIII1111II II II II II II IIIIIIII II II IIIIIIIII II II III IIII 151 1/7:152 A TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A I_P1u6ICE INVDI:CE CUSTOtIR CUSTUIIER,PD A10. ATTENTION. SHIP iflA RAGE NUMBER I; DATiE NUM 03747708 12/12/2007 170800 2200- R4463202 TERRY CROCKETT FEDEX GRND OUR COST 1 OF 1 :TERMS NUMBER ASAPj!FEp -FAX!' I a NUM EATf NET 30 1 03747708 36- 3328437 IN CITY OF CARMEL 01/11/2008 ITEP1 NUNSER< I1ESRIPTION A AMgU►tF 4tT.Y ATY OTY UN.T F 2105259 VILA OFFICE PRO PLUS 2007 1 1 0 N 308.62 308.62 MICROSOFT 79P -01207 SPECIAL INSTRUCTIONS INVOICE SALE AMOUNT 308.62 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FREIGHT HANDLING; BUFFALO GROVE IL 60089 .iNSURRNCI 0.00 SHIP TO PHONE: 847 -465 -3700 FAX 847 465 -3277 CITY OF CARMEL WWW.ASAP.COM THREE CIVIC SQUARE SA.ES,'TAX 0.00 CARMEL IN 46032 UNITED STATES Please keep original box for any returns. If you wish to request a return T..... 308.62 authorization, contact our Quality Assurance Department at 800 272 -3717 or via email at returns @asap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES OOLLIARS 96-1 t U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "Agreement apply to your purchase of computer systems and/or related products and/or services and support sold in the United States 'Product") from Dell. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement, If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Dell's RaWrn Policy. (See: http:lMnnhv. dell .comlpolicyllegaltwarranty.htm. THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN, OR (il) OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Dell. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at https:il support.dell.comldellcare /lnvoice.aspx or by contacting your sales representative. 3. Payment Terms; Orders; Ouotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Deli prior to Dell's acceptance of an order, Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Dell may invoice pans of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Unless you and Dell have agreed to a different discount, Dell's standard pricing policy for Deli- branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell it; not responsible for pricing, typographical, or other errors, in any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Dell to Customer on shipment from Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Deli is Deli's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s)- 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCTS CAN BE FOUND AT htip ;t /www. dell .com /policyllegallwarranty.htn) OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCTS- DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NON -DELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT SUCH PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY DELL "AS IS" AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL- BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SUP OR ACKNOWLEDGEMFNT. DELL BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL, DELL MAY REQUEST CANCELLATION OF THIRD- PARTY BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD- PARTY BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY 51 Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement. 6. Return Policies; Exchanges. Deli's return policy can be found at http:Nwww. dell .comlpolicy /legal/warranty.htm. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to Include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. It you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Dell discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Deli may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Deli will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent -to -new. or reconditioned. 8. Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, Dell and /or your third party service provider may provide such service and support to you +rr ih.r r��nited-E!a!esir. ecxrdse mitt, !ha fa­ rind �nnriitions located at httpa1".nv- dell ,comlus /erTilgeniservices /serv€ce service_contraets.htm or as otherwise delivered to you. Dell and /or your third -party service provider may at their d,scretion, €c ose their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Deif has no obligation to provide service or support until Dell has received full payment for the Product or service /support contract you purchased. Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third -party and not Dell. it is your responsibility to backup all existing data, software, and programs before receiving services or support inclo(Jing telephone support). Dell and/or your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of systems) arising out of the services or support or any act or omission. including negligence, by Dell or your- third -party service provider. Dell and /or your third -party service provider is not permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell and /or your third -party service provider providing service or support, you represent that your systems) does not contain illegal riles or data. You also represent that you own the copyrght or have a license to make copies to all files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and/or your third -party service provider. 9. Limitation of Liability, DELL DOES NOTACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILA13LF FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FORANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IFADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FORANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THEAPPLICA13LE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAILTHEIR ESSENTIAL PURPOSE. 10. Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Deli has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www. dell. com /policy /legailtermsofsale,htm. 11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 12. Binding Arbitration, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORTAND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell') arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement {including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http:l /wvnv.arb- forum.com, or via telephone at 1- 800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY ORAGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non- class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 -16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration flees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees. if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law, Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. (REV 05!01107) Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL ai An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee ASAP Software Purchase Order No. 850 Asbury Drive Terms Buffalo Grove, IL 60089 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 12112107 3747708 r)ffir-a Pro Plus 9007 Microsoft $30869 (New Hife) Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOU, ER NO. WARRANT NO. ALLOWED 20 cA P Software IN SUM OF 850 Asbury Drive Buffalo Grove, IL 60089 $308.62 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members D N a INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or 17775 3747708 R4463202 $308.62 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 Oq Si nature Title Cost distribution ledger classification if claim paid motor vehicle highway fund