HomeMy WebLinkAbout130757 DLT SOLUTIONS INC - PURCHASE ORDER - 9120228City of
/,F�o_rt Collins
Date: 01/13/2012
Vendor: 130757
DLT SOLUTIONS INC
13861 SUNRISE VALLEY DR
HERNDON Virginia 20171
PURCHASE ORDER
PO Number Page
9120228 1ofz
This number must appear
on all invoices, packing
slips and labels.
Ship To: MIS
CITY OF FORT COLLINS
#400 215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 01/12/2012 Buyer: ED BONNETTE
Note: PER QUOTE #4165356 DATED 1/10/2012.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 SUPPORT RENEWAL CORE TECHNOLOG
ORACLE STD ED ONE CSI#14289932
1 LOT LS
DLT Quote#4165356
1) SUPPORT RENEWAL CSI#14289932 QTY (1) ORACLE STD ED ONE
TERM: 5/24/ 12-5/2 3/ 13
2) SUPPORT RENEWAL CSI#13598449 QTY (1) ORACLE DATABASE STD ED
TERM: 5/24 / 12-5/23 / 13
2 SUPPORT RENEWAL CORE TECHNOLOG
ORACLE STD ED ONE CSI#13598449
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CJ
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com
1 LOT LS
Total
Invoice Address:
1,011.69
3,137.12
$4,148.81
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tcrms and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt been state and local taxes. Our Excerption Number is
98-045(1 Federal Excise Tax Exemption Certificate of Registry 94-fAI)(1587 is registered with the Collector of
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit may be rearmed to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Pon Collins.
Inspection. GOODS am subject to the City of Fart Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict paforrnmee of the terms and conditions hereof failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval ofncc design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to insist upon sMct performance hereof or any of its rights or rcmcdics m to any such goods, regardless
of a, hcn shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can msuit in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fort Collins. Houcvct it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Farm antitrust
ACCEPTANCE is dependent upon eompldim of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herex0cr
Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wad St. Fort Collins, CO 96522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
othens'ise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct noncenfnoting or defective good by a date to be agreed upon by the
expected Farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments arc made from greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
costs associated u id, such work.
Permits. Seller shall procure at sellers sole cat all necessary permits, certificates and licenses required by all
applicable laws, wgulaions. ordinances and mles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless Form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules
and rcqui¢mems.
Authorization. All parties to this contract agree that the representatives are, in fad, bona fide and possess full and
complete authority to bind mid panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated
herein set forth and any supplementary or additional tarts and conditions annexed hacto or incorporated hemin by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a wniver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere
and holding the Seller liable for damages. Howes cr. the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault of negligence,
such acts of God. acts ofciviI or military authorities governmental priori tics, fires, strikes, flood, epidemics wars or
riots provided that notice of the conditions causing such delay is given to the Purchnad within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
patented with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer ar incur on account of the Sellers breach of warmmy. The Sellashall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the teens of any applicable warranty provided by the Seller nfter the date of
acceptance of the goods famished hacunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees. but such liability shall in no event include loss of prefix or Inns of mc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change splicers the amount due or the time of pMormance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
portion of the goods andlor work, for incidental at consequential damages, and that no such adjustment be made in
favor of the Scllcr with rasped to any goods which arc the Sellers standard stock No such termination shall relieve
the Purchaser err the Seller ofany of their obligations as to any goods delivered hemmnda.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within shim• (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seiler warrants that all goals sold hacunda shall have been pmduccd, sold, delivered and famished in strict
compliance with all applicable lava and regulations to which the good arc subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in Performance of this agreement, fide and clear of any and all liens, restrictions reservations. security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of env nature
resulting from the palar mnec of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including svamanty, shall not be deemed to he reduced, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamilcss the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purch2a for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
.said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the bcncfit of creditors, appoint a
receiver or trustce for any of the Sellers property or business this order may forthwith be canceled by the
Pnrthascr without liability.
16. GOVERNING LAW.
The definitions oflemts nscd or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder.
including the services of Scllcrs Represcntative(s), on the premises of on ers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllcr's own risk until the same is fully completed and accepted, and .shall,
in case of any accident, destruction or injury to the work and/or matcrmis before Setters final completion and
aeeepmnce, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller. the Seiler shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19, INSURANCE.
The Seller shall, at his own expense. provide for the payment of workers compensation, including ocenpational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at ]east S30p,000 for any one person, $500.000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises ofothers. the Seller shall fumish the Purchaser with a certificate
that such eompenmtion and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such catificacs shall specify the date when such compasmion
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibilityand liability for any and all damage. loss or injury ofany kind
or nature whosoever to persons or property caused by or rcsuhing from the execution of chic work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees form and against any and all claims. losses, damages.
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act action, neglect omission or default on the pan of the Seller. any of his
contractors, we env of the Scllcrs ear controdom olBcas, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof end to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmperty ofthe Purchaser, or mid parties in or as a result ofsuch suits or other proceedings.
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards nmcsmry for the prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
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