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Home My WebLink About281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9121100City of art Collins Date: 02/22/2012 Vendor: 281742 HEWLETT-PACKARD CO PO BOX 101149 ATLANTA Georgia 30392-1149 PURCHASE ORDER PO Number Page 9124100 ' °f s This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/22/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Quote 7276060 ARRA Funding/SGIG FEDERAL REQUIREMENTS 1 LOT LS To the extent applicable, the terms and conditions under federal law listed below are incorporated into this Agreement. No Obligation by the Federal Government (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by DOE. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Federal Changes Contractor shall at all times comply with all applicable DOE regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Grant Agreement between the City of Fort Collins (the City) and DOE, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Termination a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the Citv directs. 5,642.48 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 .'e EExcludedTParties u]s s stem., Wind=Intemet�Explorer,proNded!by City,oflFoat CBIli Os W'i Fk Edit V Pmaihs Took Pep 6En[c/INQ�REQ- EEx LdtldPa :: Li ® "AT 117 Paw- i �`y� I jig4x f4y'�F�;Ck %VGiW {Ici.�' tlr §'+:_J?` ,M 't jr� �`'-�'� '�ss� ��'r� I ��icclLideilttPal�mes.�fsa�Sysc"eml� ��m Se �tl 'ptv��rU aewWl P n EaG aeCy�y,�C� � Yt, �I [ 4E �� I �, 9�`ea ntkp P �� s? 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Quote ID 7276060 Quote Name BL460 for ESX Servers Quote created by cindy.jacquot@lewan.com Quote created on 1/23/2012 7:21:59 PM Dealer ID# 10042550 Vendor:Hewlett Packard Items/description _Part no Unit price Qty_ Ext price • Choice of Six -Core, Base l $4,712.88 2$9;425.76 I Quad -Core or Dual- 1 Core.Intelw Xeon® 5500 series Processors, up to two processors supported • Twelve (12) DIMM slots with up to 192GB of memory ■ HP Smart Array P41 Oi Controller (RAID 0/1) • Up to two (2) small form factor (SFF) SAS or SATA hot plug hard disk drives or SATA solid state drives • Embedded NC553i Dual Port F1exFabric 1OGbE Converged Network Adapter • HP ProLiant BL460c G7 is a half -height server blade that plugs into the HP BladeSystem c3000 and c7000 enclosures • HP Integrated Lights - Out 3 (iLO 3) management processor for simplified server setup, health monitoring and recovery, power and thermal control, and lights -out remote administration HP ProLiant BL460c G7 603718- Server Blade B21 Six -Core Intel® Xeon® 610860- M Processor X5650 (2.66GHz, L21 12M L3 Cache, 95 Watts, DDR3-1333, HT, Turbo 2/2/3/3) { HP 48GB PC3-10600R 500662- 6x8GB 2Rank Memory 48G Six -Core Intel® Xeon® 610860- Processor X5650 (2.66GHz, B21 12M L3 Cache, 95 Watts, DDR3-1333, HT, Turbo 2/2/3/3) HP 48GB PC3-10600R 500662- 6x8GB 2Rank Memory 48G Storage controller Embedded P410i (SAS Array Controller) Network card 2 HP Embedded IGb/10Gb F Multi -function Network 1 Adapters NC553i HP 4GB SDHC Flash Media 580387- Kit B21 Server management Integrated Lights Out 3 (iLO 3) Standard Blade Edition (integrated on the motherboard) Warranty j 3-Year Limited Warranty Included .. HP Care Pack 5-year, 4-Hour, UK074E $929.60 2 $1,859.20 24x7 BL4xxc Server Blade Hardware Support - electronic Subtotal: $11,284.96 PURCHASE ORDER PO Number Page C117/ Of 9121100 2 of 8 !Flirt COI Collins This number must appear �-,J`'- ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 10 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. Breaches and Dispute Resolution Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City's Director of Purchasing. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Director of Finance. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Finance shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City is located. Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Emaii:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9121100 3of8 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. DOE Requirements DOE requires specific contract terms for the purpose of making audit, examination, excerpts, and transcriptions. Contractor is required to retain all required records for three years after the City makes final payments and all other pending matters are closed. Contractor shall submit all records, data, information and reports to the City required in the Agreement containing Confidential Information which Contractor does not want disclosed to the public or used by DOE or any other Governmental Authority for any purpose other than in connection with this Agreement and the Project, marked conspicuously with the following notice or with a notice or label of substantially the same effect: " Notice of Restriction on Disclosure and Use of Data The data contained in pages ---of this [designate material] have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that DOE shall have the right to use or disclose the data here to the extent provided in the DOE Grant Agreement. This restriction does not limit the Federal government' s right to use or disclose data obtained without restriction from any source, including Contractor." Intellectual Property Contractor may copyright any work that is subject to copyright and is developed by Contractor under the Agreement. To the extent specifically permitted under applicable law, DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use any copyrightable work developed by Contractor under this Agreement for Federal purposes and to authorize others to do so. DOE has the right to: (1) obtain, reproduce, publish or otherwise use the data first produced under this Agreement; and (2) authorize others to receive, reproduce, publish or otherwise use such data for Federal purposes. Debarment and Suspension Contractor shall comply with requirements regarding debarment and suspension in Subpart C of 2 C.F.R. parts 180 and 901. Officials Not to Benefit Contractor shall comply with the requirement that no member of Congress shall be admitted to any share or part of this Agreement, or to any benefit arising from it, in accordance with 41 U.S.C. 22. Civil Rights Requirements The following requirements apply to the underlying contract: Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements DOE may issue. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of///�� 9121100 4 of 8 Flirt ( Ott i n C This number must appear /_.!�,J`, ` v ` J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (b) Age . In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. (c) Disabilities . In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements DOE may issue. Subcontracts - The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by DOE, modified only if necessary to identify the affected parties. Cargo Preference Requirements To the extent required under the ARRA or other applicable law for this Project, the Contractor agrees: a) to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the DOE recipient ( through the contractor in the case of a subcontractor's bill -of -lading.); and c) to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. Project Reporting and Information Requirements Contractor and its personnel shall cooperate with and provide all records, data, information and reports requested by the City, in the form and format and within the timeframes requested by the City, in order to enable c3. oil.;o-ems City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City OfPURCHASE ORDER PO Number Page ///�� 9121100 5 of 8 `t Collins n C This number must appear " J on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price the City to comply with the DOE Grant Agreement reporting and information requirements for the Project. Contractor shall also provide the City with any backup or additional documentation required by DOE or any other Governmental Authority. Final Cost Audit In accordance with Applicable Law and the Federal Assistance Reporting Checklist, DOE F 4600.2, DOE reserves the right under the DOE Grant Agreement to initiate a final incurred cost audit in connection with the City' s Project. Contractor and its personnel shall cooperate with, and make all necessary AMI System and Contractor cost data and documents available to the City and/or to any representative of DOE or any other Governmental Authority for purposes of such audit. Job Creation and Retention Reporting Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data regarding the City' s Project job creation and retention, including without limitation, monthly and/or quarterly cumulative and/or current reports, as applicable, on AMI System and Contractor Services jobs created and retained at the " contractor' or " Contractor" level by Contractor, as required for the City to comply with the Federal Assistance Reporting Checklist, DOE F 4600..2 and the ARRA Section 1512 reporting requirements under the DOE Grant Agreement. Final Close -Out Report Contractor shall provide the City with all AMI System and Contractor information, in the format and within the timeframe, requested by the City to enable the City to complete and timely submit to DOE reports, information and data at the end of the DOE Grant Agreement performance period regarding Project completion. Contractor will complete a final close-out report which shall include such information and detail as the City, DOE or any other Governmental Authority shall request regarding the Project and Contractor services. If the AMI System and the Contractor services are completed or terminated prior to Project completion, Contractor shall provide the City with a final report of the AMI System and the Contractor services through the date of termination of this Agreement. Energy Policy and Conservation Act Contractor will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). American Recovery and Reinvestment Act of 2009 Buy American Source: OMB Circular "A Desk Guide to the Buy American Provisions of the Recovery Act- February 2011" Computer Hardware and Software Server virtualization software and energy efficiency software are not manufactured goods; and thus not subject to the Buy American provisions. Cables and connections are examples of types of hardware equipment that could fall within the Buy American Recovery Act provisions because their installation makes them a permanent fixture in the building, similar to electrical wiring and outlets. Specific examples include fiber optic, Cat-5, or other cabling when installed inside walls, ceilings, or flooring; conduit when installed inside walls, ceilings, or flooring; and RJ-45 and other City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9121100 6 of 8 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price connectors when affixed to a wall or Floor. Computer equipment that is built into the building, such as computer systems that are wired into the HVAC system or used to create a " smart building" could fall within the Buy American provisions under the same theory. By contrast, personal computers, file servers, and networking hardware equipment are typically easily removable and not intended to be permanent fixtures. As such, these products are not covered by the Recovery Act Buy American provisions . Other examples of hardware components that likely are not covered are- laptops or notebook computers, personal digital assistants, hand-held computers, and wireless communication devices; peripheral input/output devices - including keyboards, printers, etc. Economic Stabilization Contracting Employ American Workers Act (b) PROHIBITION.- (1) IN GENERAL. -Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1 B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply. (2) DEFINED TERM. -In this subsection, the term " hire" means to permit a new employee to commence a period of employment. Wage Rate Requirements SEC. 1606. Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. 2 Quote 7276060 ARRA Funding/SGIG c3. oi�es� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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: 5,642.48 $11,284.96 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of///�� 9121100 ' Of $ `t Collins This number must appear ` on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 8 of 8 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt farm state and local taxes. Our Exemption Number is 98-04501, Federal Excise Tax Exemption Certificate of Registry 846(IW5R7 is registered wish the Collector of Internal Rcv came, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (M. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may he removed to you for credit and are not to be replaced except upon receipt of written instructions farm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fon Cal [ins inspection on arrival. 11. NONWAIVFR. Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, fnilurc or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of i breach, the acceptance ofor payment for goods hereunder or approval of the design, shill not release the Seiler of .any of the enormities m obligations of this purchase order and shall not be deemed a waivcr of any right of the purchaser to insist upon strict performance hcreefor any ofits rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercundeq not shall any purported Mal modification or rescission of this purchase outer by the Purchaser operate no a waiver of any of the from; hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. [however, it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proced¢s. violations are in fact borne by the Purchaser. Theretofore for good cause and is mnsidemfrm for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it any now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fora Collins, 700 Wood Sr. Fort Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the Particular goods or cervices otherwise specified era 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. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers .sale cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the 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. Seiler father agrees to hold the City of Fort Collins harmless boom and against all liability and loss incurred by than by rcason of an asserted or established vinlation of any such laws, regulations, ordinances, rules and rcquircmcats. Authoritarian. All panics to this contract agree that the representatives arc, in fact. bona fide and Possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated hcrcin by reference. Any addirinnal or different toms 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 M-n%c on your promised delivery date as noted. Time is ofthe essertt. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiation, acceptance ofpatial late deliveries. shall operate as a waivcr of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hona ver. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gel, acts fcivil or militaryanthoritics, governmental priorities, fires, strikes, hood, epidemics wars or riot provided that notice of the conditions causing ,such delay is given to the Purchaser within five (5) days of the time when the Seiler first received kanwledge 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 mason of the delay. i.WARRANTY. The Seiler warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor ether descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and compctmec 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 or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may he prescribed by Inv or by the terms ofany applicable wamnty provided by the Sol let aRer the date of acceptance of the goods famished hdeundd (acceptance not to be unreasonably delayed). resulting front imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall nod constitute. waivcr ofany claim under this warranty. Except as athenvise provided in Ihis purchase order, the Scllcrs liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warranties or guars races, but such liability shall in no event include Inns of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 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 Isms, other than legal tents, including additions to or deletions from the quantities originally ordacd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpedormancc hereunder, an equitable adjustment shall be made. fi. 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 berncen the panics as to any work or materials then in pmgrers provided that the Purchaser shall not he liable for any claims for anticipated Profits on the unconmleted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of thcirobligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or lemenation is ordered. A. COMPLIANCE WITH LAW. The Seller wwmnt, that all good sold hereunder shall have been produced. sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required In be incorporated in agreements of this charade, arc hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 parry, 10. TITLE. The Scllcr wormas full, clear and unrestricted title to the Purchaser for all equipment, materials and items furnished in Performance of this agreement. free and clear of any and all liens, restrictions, rcsco,mime. security interest cncumbmnce, and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cone", nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any wore resulting final the perfomance ofsuch work, This release shall apply even in the event of Ludt of negligence of the Party released and shall extend to the directors. officers and employees nfsuclm party. The Scllcrs eontmcmal obligations, including wamnty. shall not be deemed to be induced, in any way, because such work is performed or caused to he 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 harmless the Purchaser fmm any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason ofsuch infringement at any time during the pmmemion or after the completion of the work. In case said equipment or any pan thereof err the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfriaging equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or banknipt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dentitions of tans used or the interpretation ofthc agreement and the rights of all parties hercunder.shall be construed under and governed by the Imes of the State of Colorado, USA. The following Addition.] Conditions apply only in aces where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the mime is fully completed and accepted, and shall, in case of any accident, dmoraction or injury to the work and/or materials before Selicrs Final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive unload. store and handle same at the site and become respnnsiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his non expense, provide for the payment of workers compensation, including occupational disease benefits, to its emu pluyccs enmployed 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 he done. The Seller shall also carry comprehensive general liability including. but rant limited to, contractual and automobile public liability insurance .with bodily injury and death limit, of at ]cast S300.000 for any one person. S500.000 for any one accident and progeny damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Scllcrs or his contraction, employees shall do any work upon the pwmixes ofmhers, the Seller shall furnish the Purchaser with a certificate That such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compenmtfon and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 01e entire responsihility and liability for any and ell damage, Ins, err injury of env kind or nature whatsoever to person, err property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless she Purchaser and any or ell of the Nmha,ers officers, agent, and employees from and against any and all claims losses. damages. charges or expenses whether direct or indirect and whether to persons or pmPerty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of One Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, 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 ofany of his contractors or any of its or their officers, agents or employees as aforcmid. the Seiler hereby agrees to assume the defense thereof and 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 snits or other proceedings, and in cast judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid panics in or as a result of such suits or other proceedings. the Seller will at once Baum the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary 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 miss and regulations issued parsuam thereto. Revised 03/2010 October 7, 2011 Price Analysis: Purchase of Servers for Advanced Metering Project Offered price, per WSCA/State of Colorado price agreement: $149,210 The City recently purchased two server blade systems at a comparable price to the systems quoted by HP/Lewan. Thesesystems were also priced under the WSCA agreement. The WSCA cooperative award was competitively bid and the State of Colorado has signed the Participating Addendum which allows the State and government entities within the State to us the agreement. We believe the price to be fair and reasonable based on our previous orders and the nature of the cooperative purchasing arrangement. January 27, 2012 The server hardware is required to support MDM, Tropos, and HES in 4 separate environments (Production, Test/Dev, QA, and D/R), spanning 2 data centers. After the primary order for this hardware was received under Purchase Order 9115871, the Project Team identified 2 additional servers to complete the array. These two added servers were obtained using the WSCA/State of Colorado price agreement referenced above. Cost: $11,284.96 The quoted price is fair and reasonable. Excluded Parties Search: HP and Lewan V:ExdudediBarttes.LlstSystemt.N/indowsilnternei7Explorer�proNdedliiydi ofaForEr BI ns - _; �' —__ PLL. Me Edit vew Fno rR Tads Neb S� S:r `.� � ��8 Enta/INQ�REQ.:; 2 Esc4ded Patl:.. a Ci ' ®' '•'P ' LI Ga,x • :fy i✓As - P, Jt J(. .rrC��LI(��C��R:IGCICS��[;ISk. WSC�rih) 'i !'. Intl+ ! / '� is is r� _s.a �rn.n _ - +hM.m:NSaN f1114AME-0cI-MII 11:1IaNEUTFAO 7�k Seartlr PMImFMnW1 - rvF^rrd >!$Mtl r I >Re[4ual Cate' � � !i �aPmaarrMfirinc �J