HomeMy WebLinkAbout940611.tiff RESOLUTION
RE: APPROVE ACCEPTANCE OF DONATION OF ONE HP LASERJET 4SI PRINTER TO THE
HEALTH DEPARTMENT BY HEWLETT-PACKARD COMPANY AND AUTHORIZE CHAIRMAN TO
SIGN NECESSARY DOCUMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Hewlett-Packard Company has donated one HP LaserJet 4Si printer,
Jet Direct card, 4MB Simm Memory, to the Weld County Health Department, and
WHEREAS, Hewlett-Packard Company has requested the Board authorize the
Chairman to sign an Equipment Gift Acceptance document, a copy of which is
attached hereto and incorporated herein by this reference, and
WHEREAS, it is the policy of Weld County to formally accept all donations
via Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the donation of one HP LaserJet 4Si printer, Jet Direct
card, 4MB Simm Memory, by Hewlett-Packard Company, be, and hereby is, accepted
and designated for use by the Weld County Health Department.
BE IT FURTHER RESOLVED by the Board that a copy of this Resolution, along
with a letter of appreciation, be forwarded to Hewlett-Packard Company, P.O. Box
10301 -- Mailstop 20AH, Palo Alto, California 94303-0890.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign the Equipment Gift Acceptance document.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 27th day of June, A.D. , 1994.
Lifilecueln
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY LORADO
Weld County Clerk to the Board
}� H. Webster, Ch irm
BY: LJ t.O.r / I LaFOR )
Deputy Clerk to the Board C K. Hall, -Tem
APPROVED AS TO FORM: �e �y�
G/e/o/'g E. Baxter
County A torney ConS,tance L. Har ert
Barbara J. Kirkme er J
940611
Ili ninon n, n, ,.,, (v ) . 61P
ETT
[h] PAc ARD SIGN AND RETURN
Equipment Gift Acceptance
Date: June 13, 1994
Refer to: HP Proposal No: 24315
We are providing to Weld County Health Department the equipment described on the attached list or
quotation having a total value of $4,707.00. This Equipment Gift Acceptance together with the Terms and
Conditions of Gift attached hereto, establishes the agreement (Agreement) under which you receive your
equipment.
Acceptance Date: Acceptance Signature:
W. H. Webster, Chairman
06/27/94 Weld County Board of Commissioners
Printed Name/T le of Authorized
Representative
2-)�1L>3 .�..LV
Signature 06/29/94
Ship to attention of (name): Rosemary Spence
Ship address (if different from that on the letter): Weld County Health Department
1517 16th Avenue Court
Greeley, CO 80631
Phone: (303) 350-0639
HP Contacts for your reference:
Name:
Function: Phone: For:
Dispatcher (800) 633-3600 Installation, warranty,
equipment support
(415) 857-8955 General information
Emilie Donner Grant Administration (415) 857-5197 General information
Nancy Thomas Contributions Manager
Barbara Williams Equipment Order Administration (415) 857-2798 Order info and status
Please date, sign and return a copy of this gift acceptance form to Emilie Donner, Grant Administrator,
Hewlett-Packard Company, P.O. Box 10301 -- Mailstop 20AH, Palo Alto, CA 94303-0890. For your
convenience, you may send your acceptance by FAX to (415) 857-4598. If you send your acceptance by
telecopy, it will not be necessary to confirm by mail.
•
940611
haHEWLETT
PACKARD
Terms and Conditions of Gift
HP's gift of Products and Support and HP's license of Software are governed by these HP Terms and Conditions of Gift. All
orders are subject to acceptance by HP.
1. DEFINITIONS
a) "Exhibits" are documents that describe Products, Support, or other business terms that apply to the gift or license of
Products or Support.
b) "Price List" is HP's listing of available Products, Support and prices in the locations where Recipient places orders and
takes delivery.
c) "Products" include hardware, Software, options, documentation, accessories, supplies, spare parts and upgrades on
HP's Price List on the date HP receives Recipient's order. "Special Products" are Products which have been modified
under mutual agreement to meet Recipient requested changes.
d) "Software" is one or more programs, capable of operating on a computer, processor, or controller which is either listed
separately as a Software Product on the Price List; included with another Product on the Price List, or fixed in hardware
and not removable in normal operation.
e) "Support" includes hardware maintenance and repair, Software updates, maintenance and support services, consulting,
training, and other support services provided by HP.
2. DELIVERY
Delivery is subject to HP's Product availability at the time Recipient's gift order is placed. HP will make every reasonable effort to
meet delivery dates quoted or acknowledged, but will not be liable for failure to meet such dates.
3. SHIPMENT AND RISK OF LOSS
a) HP will ship according to HP standard commercial practice. Recipient requested special packing or shipping instructions
must be mutually agreed, and charges will be billed separately to Recipient.
b) Title to hardware Products and risk of loss and damage will pass to Recipient at destination. If Products are shipped
under Recipient's shipping instructions, title and risk of loss and damage will pass to Recipient at HP's shipping dock.
4. INSTALLATION
a) Product installation classification is defined by codes appearing on HP's Price List. HP installation, when included in the
gift, will be considered complete when the Product passes HP's installation and test procedures.
b) Acceptance by Recipient will occur upon completion of HP installation for Products with installation in the gift and upon
delivery for Products without installation in the gift. When the gift of a Product does not include HP installation,
acceptance by Recipient will be presumed unless Recipient demonstrates within 14 days after delivery that the Product
does not pass HP's established test procedures or programs.
c) If HP installation is scheduled or delayed by Recipient more than 30 days after delivery, Recipient's acceptance of the
Products will occur on the 31st day after the delivery date.
5. SUPPORT (If applicable)
a) An order or gift for Support will constitute Customer or Recipient acceptance of the terms of the Exhibit for that
Support in effect on the date of order, which terms are incorporated by this reference.
b) To be eligible for Support, Products must be in good operating condition and at current specified revision levels. HP will
charge HP standard rates in effect on the date of the Support order to bring non-eligible Products up to these
requirements.
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TERMS AND CONDITIONS OF GI)
c) HP may, at no additional charge, modify Products to improve operation and reliability or to meet legal requirements.
d) Relocation of Products is Recipient's responsibility and may result in additional Support charges and modified service
response times. Products moved to another country may continue to be serviced subject to availability of an HP
authorized Support provider.
e) HP does not provide Support for nonqualified products. "Nonqualified products" are hardware and software not supplied
or approved by HP, and Products for which Recipient does not allow HP to incorporate modifications. Recipient is
responsible for removing nonqualified products to allow HP to perform Support services. If Support services are made
more difficult because of a nonqualified product, HP will charge Recipient for the extra work at HP's standard rates.
f1 Support does not cover any damage or failure caused by:
1) Use of non-HP media and supplies or use of items not designated for use with products; or
2) Site conditions that do not conform to HP's site specifications; or
3) Neglect, improper use, fire or water damage, electrical disturbances, transportation by Recipient, work or
modification by people other than HP employees or subcontractors, or other causes beyond HP's control.
g) Recipient is responsible for the security of its proprietary and confidential information and for maintaining a procedure
external to the Products to reconstruct lost or altered Recipient files, data or programs. Recipient must have a
representative present when HP provides Support services. Recipient must notify HP if Products are being used in an
environment which poses a potential health hazard to HP employees or subcontractors; HP may require Recipient to
maintain such Products under HP supervision.
6. WARRANTY
a) HP warrants hardware Products against defects in materials and workmanship. If HP receives notice of such defects
during the warranty period, HP will, at its option, either repair or replace hardware Products which prove to be
defective.
b) HP warrants that Software will not fail to execute their programming instructions due to defects in material and
workmanship when properly installed and used on the hardware Product designated by HP. If HP receives notice of such
defects during the warranty period, HP will repair or replace Software media which do not execute their programming
instructions due to such defects.
c) HP does not warrant that the operation of Products will be uninterrupted or error free. If HP is unable, within a
reasonable time, to repair or replace any Product to a condition as warranted, Recipient will be entitled to return the
Product to HP for a functionally equivalent product.
d) Products carry a standard warranty as defined by a code appearing on HP's Price List in effect on the date HP places
the Recipient's gift order, unless the Recipient has purchased an option or a system which supersedes the Product's
standard warranty. HP reserves the right to change the warranty code; such changes will affect only new orders. The
warranty period begins on the date of delivery or on the date of installation if installed by HP. If Recipient schedules or
delays HP installation more than 30 days after delivery, warranty begins on the 31st day from delivery.
e) Products with on-site warranty will receive warranty services outside the country of initial purchase if Recipient pays
HP's international prices for the Products. Products with return to HP warranty purchased at HP's international prices
and battery-powered Products may be returned to the closest HP authorized repair center worldwide. All other Products
with return to HP warranty must be returned to an HP authorized repair center within the country of original purchase.
f) Warranty does not apply to defects resulting from improper or inadequate maintenance or calibration by Recipient,
Recipient-supplied software, interfacing or supplies, unauthorized modification or improper use, operation outside of the
published environmental specifications for the Product, or improper site preparation or maintenance by Recipient.
g) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS
EXPRESSED OR IMPLIED. HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
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TERMS AND CONDITIONS OF GIF,
7. LICENSES
a) In this Section on Licenses, the term "Use" means storing, loading, installing, executing or displaying Software on a
computer, processor or controller, or making a copy of Software for archival or backup purposes only.
b) HP grants Recipient a non-exclusive license to Use one copy of the Software listed in Recipient's gift order in
conformance with the applicable Software License specified in the Price List. HP's Standard Software Licenses are
described below. Other types of Software Licenses may be made available for some Software. If no license is
specified for Software, HP grants Recipient a license to Use one copy of the Software on one computer, processor or
controller at any one time.
SYSTEM: Recipient may use the Software at any one time:
1) on any one computer or processor (Basic System License);
2) on any one of a class of computers or processors (Class License); or
3) on a single, registered computer or processor (Nodelocked License).
Some System licenses may be limited to a maximum number of users as described in the Price List.
CONCURRENT: An identified number of users may Use the Software concurrently at any time.
TEMPORARY: Recipient may Use the Software only for an identified period of time.
RUNTIME: Recipient may Use only the execution features of the Software and none of its program development
features.
c) HP grants to Recipient a license to Use Software fixed in hardware and not removable in normal operation only when
operating the associated Product in the configuration in which that Product is granted by HP or subsequently upgraded
by HP. Recipient may transfer Software fixed in hardware and not removable in normal operation only upon transfer of
the associated hardware Product.
d) The following licenses are available for selected Software if so indicated on the Price List and granted by HP: 1)
Recipient may make and Use one copy of that Software licensed directly from HP;
e) Recipient's license does not include the right to updates, upgrades or other enhancements. HP reserves the right to
require an additional license and fee for Use of the Software on upgraded computers, processors, or controllers.
f) Software bundled with a hardware Product may be used only with that hardware Product in the configuration in which
that Product is granted by HP or subsequently upgraded by HP.
g) Recipient's license confers no title or ownership in the Software and no rights in any associated source code, and will
not be construed as a sale of any rights in Software.
h) Recipient may not disassemble or decompile the Software unless HP's prior written consent is either obtained or not
required by law. Upon request, Recipient will provide HP with reasonably detailed information regarding any
disassembly or decompilation.
it Recipient's entire license in Software is transferable subject to HP's prior written authorization. Recipient will
immediately upon transfer deliver all copies of the Softwareto the party to whom HP has authorized transfer of
Recipient's license. The transferee must agree in writing to the terms of Recipient's license. All license terms will be
bindingon involuntary transferees. Recipient's license will automatically terminate upon any transfer.
j) Any third party supplier of Software may protect its rights against infringement of its copyright and violations of
Recipient's license.
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TERMS AND CONDITIONS OF GIFT
k) HP may terminate Recipient's or any transferee's or any sublicensee's license in Software upon notice for failure to
comply with any applicable license terms. In the event of termination of Recipient's license for any other reason,
Recipient will destroy or return to HP the Software and all copies of the Software immediately upon termination.
Recipient will remove and destroy all copies of the Software from any adaptation into which they are merged, except
for individual pieces of Recipient data in a related database. With HP's written consent, Recipient may retain one copy
of the Software subsequent to termination for archival purposes.
I) If Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Recipient
agrees that Software is delivered as "Commercial Computer Software" as defined in DFARS 251.227-7013 or
"restricted computer software" as defined in FAR 51.227-19 if used, respectively, in the performance of a
Department of Defense ("DoD") or non-DoD U.S. government contract. Recipient agrees that the regulations and
obligations in Exhibit U1 apply to all such Software and that the Software is adequately marked when the Restricted
Rights Legend in Exhibit U1 is affixed to the Software media. Recipient further agrees that the Software has been
developed entirely at private expense.
8. INTELLECTUAL PROPERTY RIGHTS
a) HP will defend or settle any claim against Recipient that a Product or Support delivered under these HP Terms and
Conditions of Gift infringes a patent, utility model, industrial design, copyright, mask work or trademark in the country
where Recipient uses the Product or receives Support, provided Recipient:
1) promptly notifies HP in writing of the claim; and
2) cooperates with HP in, and grants HP sole authority to control, the defense and any related settlement.
b) HP will pay the cost of such defense and settlement and any costs and damages finally awarded by a court against
Recipient. If such a claim is made or appears likely to be made, HP may procure the right for Recipient to continue
using the Product, may modify the Product or may replace it. If use of the Product is enjoined by a court and HP
determines that none of these alternatives is reasonably available, HP will take back the Product.
c) HP has no obligation for any claim of infringement arising from: 1) HP's compliance with any designs, specifications or
instructions of Recipient; 2) modification of the Product by Recipient or a third party; 3) use of the Product in a way
not specified by HP; or 4) use of the Product with products not supplied by HP.
d) If HP furnished the Product for resale, Recipient's rights and obligations extend to the territory in which Recipient is
authorized to resell the HP Product and to anyone to whom Recipient resells the Product.
e) These terms state the entire liability of HP for claims of infringement by Products and Support supplied by HP.
9. LIMITATION OF REMEDIES AND LIABILITY
a) HP will not be liable for performance delays or for non-performance, due to causes beyond its reasonable control.
b) Products are not specifically designed, manufactured or intended for sale as parts, components or assemblies for the
planning, construction, maintenance, or direct operation of a nuclear facility. Recipient is solely liable if Products or
Support granted to Recipient are used for these applications.
c) HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual amount of
the Product granted by HP that is the subject of the claim, and for damages for bodily injury or death, to the extent
that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective
Product granted hereunder.
d) For any material breach of Support services by HP, Recipient's remedy and HP's liability will be limited to a refund of
the related Support charges paid during the period of breach, up to a maximum of 12 months.
e) THE REMEDIES IN THESE HP TERMS AND CONDITIONS OF GIFT ARE RECIPIENT'S SOLE AND EXCLUSIVE
REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS SUBCONTRACTORS BE LIABLE FOR
LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER
DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
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TERMS AND CONDITIONS OF GIFT
10. TERMINATION
a) Upon 30 days written notice, either party may terminate this Agreement, or, if for cause, at any time unless the other
party cures the breach within 30 days of written notice of such breach.
b) If either party becomes insolvent, is unable to pay its debts when due, received appointed,or has its assets assigned,
the other party may terminate this Agreement without notice and may cancel any unfulfilled obligations.
c) The provisions of Sections 6 through 9 will survive the termination or will survive for open Support orders.
11. GENERAL
a) Some newly manufactured Products may contain remanufactured parts equivalent to new in performance. Service
parts are new or equivalent to new.
b) Products that are classified by HP as "remarketed" do not qualify as "New" or of "Original Use" for tax purposes.
c) Any term of these HP Terms and Conditions of Gift which is held to be invalid will be deleted, but the remainder of
these terms will not be affected.
d) Neither party may assign any rights or obligations without prior written consent of the other party.
e) Neither party's failure to exercise any of its rights under these terms will constitute or be deemed a waiver or
forfeiture of those rights.
f) No government procurement regulations or contract clauses are binding on either party unless required by law or
mutually agreed.
g) Recipients who export Products assume responsibility for complying with applicable laws and regulations and for
obtaining required export and import authorizations. Recipient will not export or re-export products and technical data
in violation of applicable export regulations.
h) Any disputes arising in connection with these HP Terms and Conditions of Gift will be governed by the laws of
i) These HP Terms and Conditions of Gift and any attachments constitute the entire agreement between HP and
Recipient relating to transactions hereunder and supersede any previous communications, representations or
agreements between the parties, whether oral or written, regarding transactions hereunder. Recipient's additional or
different terms and conditions will not apply. Recipient's purchase or license of Products and Support will constitute
Recipient's acceptance of these HP Terms and Conditions of Gift, which may not be changed except by an
amendment signed by an authorized representative of each party.
j) If training classes and/or consulting services are included in the gift, they shall be completed no later than ninety (90)
days from the date of equipment installation. Training classes shall be at an HP location and do not include housing,
transportation or other expenses, pursuant to HP's Education Catalog terms and conditions.
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h HEWLETT"
fa PACKARD
sm� Hewlett-Packard Company PO Box 10301
:3000 Hanover Street Palo Alto,CA 941303-0891)
Palo Alto.California 94304-1185
June 13, 1994
Re: HP Proposal No. 24315
Ms. Rosemary Spence
Weld County Health Department
1517 16th Avenue Ct.
Greeley, CO 80631
Dear Ms. Spence:
Hewlett-Packard is pleased to notify you of our equipment gift to Weld County Health
Department valued at $4,707.00. The equipment consists of one EP LaserJet 4S printer, Jet
Direct card, 4MB Simm Memory. Equipment Quotation No. 1112-45832 an it6ur Hewlett-
Packard Gift Acceptance Form are enclosed. Please sign and return this form within 15 days to
indicate acceptance of this gift. This information must be on file before the order for your
equipment is placed.
This equipment gift includes our standard warranty. If required, installation assistance will be
supplied. The HP representatives listed on the attached acceptance form are available to answer
your questions regarding warranty, installation help or equipment order status. When contacting
these individuals, please indicate you are a grant recipient.
Upon completion of shipments, you will be requested to sign and return an acknowledgement of
receipt of property, an IRS form, and appropriate certification statements.
This gift is provided by our Greeley Donations program. We are proud to be among the sup-
porters of Weld County Health Department.
Sincerely yours,
Emilie Donner
Contributions Coordinator
cc: Mike Kelley
HP, Greeley, CO
•
940611
940611
Quote Number: 1112-45832
Weld County Health Dept.
Quote Date: JUN 9 , 1994
RECIPIENT COPY Last Revised: 06-09-94 14 : 03
PAGE 1 OF 3
THIS QUOTE IS FOR BUDGETARY USE ONLY
Customer: Weld County Health Dept.
Greeley, CO 80631
Ms. Rosemary Spence
(303) 358-0639
HP Contact:
Hewlett-Packard Company
Corporate Grants Office
3000 Hanover St
Palo Alto CA 94304-1181
(415) 857-2798
Terms: The information set forth herein is for
budgetary purposes only. This document
does not constitute an offer to sell on
the part of Hewlett-Packard. HP makes
no representations or guarantees of any
kind with respect to price, availa-
bility, delivery, or other information
contained herein, and all such infor-
mation is subject to change without
notice. Hewlett-Packard will be happy
to provide a formal quotation on
request.
FOB: Destination
PLEASE ALI_O\ ' = <v; FOR DELI\/EH'y
SFVO^'r __K3—CF,LL (415) 857-2798
; , P e ENT STATUS. THANK VOW
940611
Quote Number: 1112-45832
Weld County Health Dept.
Quote Date: JUN 9, 1994
Last Revised: 06-09-94 14 :03
PAGE 3 OF 3
THIS QUOTE IS FOR BUDGETARY USE ONLY
Product Suffix Unit Extended
Item Qty
Description Price Price
0100
1 C2010A Delivery:TBA 3 ,749. 00 3 ,749.00
LaserJet 4Si 17ppm 600 dpi laser printer
with dual 500 sheet input trays, HP Bi-
Tronics I/O, REt, microfine toner 92291A
HP Explorer S/W & app. drivers. Manual/
pwr. opt. MUST be ordered. No I/O cable.
5C Includes 1 year on-site warranty
1 Option ABA
Delivery: 2 weeks 0. 00 0.00
North American manual set, disk pack and
110/115V 50-60Hz United States power
cord for the HP LaserJet 4Si 17ppm
printer. Two letter size paper trays.
5C Includes 1 year on-site warranty
0200 1 J2555A
Delivery:2 weeks 619 . 00 619 . 00
Token Ring network interface card for
networked ready peripherals. Dwith
B9 -45
ports. Multiple protocol support
automatic protocol switching with FLASH
EPROM for future upgrades.
4B Includes 1 year warranty at HP/dealer
1 Option ABA
Delivery: 2 weeks 0. 00 0.00
U.S.- English Localization
4B Includes 1 year warranty at HP/dealer
0300 1 C2065A Delivery: 2 weeks 339 . 00 339. 00
4 MB SIMM memory for the HP LaserJet
IIISi, 4/4M, 4Si/4SiMX printers. Since
these printers have 4 SIMM slots, this
SIMM can be used alone or in conjunction
with other SIMM memory or accessories.
4B Includes 1 year warranty at HP/dealer
$4,707. 00
*** GROSS AMOUNT:
$4,.707 . 00
*** GRAND TOTAL:
940611
Quote Number: 1112-45832
Weld County Health Dept.
Quote Date: JUN 9 , 1994
Last Revised: 06-09-94 14 :03
SUMMARY PAGE 2 OF 3
THIS QUOTE IS FOR BUDGETARY USE ONLY
Net Price Monthly Charge Annual Charge
Hardware: $4 ,707 . 00
$4 , 707 . 00 $0. 00 $0.00
940611
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