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HomeMy WebLinkAbout486564 SAP PUBLIC SERVICES INC - PURCHASE ORDER - 9121112City of Fort Collins Date: 02/23/2012 PURCHASE ORDER Vendor: 486564 SAP PUBLIC SERVICES INC THE RONALD REAGAN BLDG 1300 PENNSYLVANIA AVE NW WASHINGT District of Columbia 20004-3012 PO Number Page 9121112 1of2 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: 02/23/2012 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 20 UN BOBJ EDGE STD ED NU NU 1 LOT LS 13,218.94 SAP BUS OBJ MAINT FEE ENT SUPP 20 UN BOBJ Edge Standard Edition NU NUN 1 UN Crystal Xcelsius Designer Named User 1 UN BOBJ Edge Standard Edition 20 CAL 20 CAL SAP BUSOBJ MAINTENANCE FEE ENTERPRISE SUPPORT REF#220256354 TERM: 5/11/2012-5/10/2013 CUSTOMER ID 7248968 CITY OF FORT COLLINS PAYMENT TERMS NET 30 DUE. DELIVERY METHOD: ELECTRONIC SOFTWARE DOWNLOAD. CONTACT NAME: MICHELLE CARR (970)221-6523 Total $13,218.94 C3. oi�2s� 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 Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. To, exempting, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0-1502. Fedcral Excise Tax Exemption Certificate of Registry 54-6000557 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure or delay to Internal Revenue. Mayer. Colorado (Ref. Colorado Rcviscd Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Gulls Rejected. GOODS REJECTED due to failnrc to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this pnrchnsc order and shall not be deemed a waiver of any right of the damage in transit, may be returned to.you for credit and arc not to be replaced except upon receipt of written purchnscr to insist upon strict performance hercuforany of its rights or remedies as to any such goods. regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescicsinn of this purchase enicr by the Purchaser anemic a, a waiver of any Of the terms Inspection. GOODS arc subject to the City of Port Collins inspection on arrival. Immnf. Final Acceptance. Receipt of the merchandise, services or equipment in response to 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 Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmec lorcs violations arc in fact borne by the Purchnsce Theretofore, for god cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fun Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired tinder federal or state aotinust Imvc for such overcharges mining to the particular goods or services otherwise 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 Or be accepted. 13. PURCHASERS 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 nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seller iherenner 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 x ith such work. Pcmits. Seller shall procure at sellers sole cost all necessary permits, anifieate, and licenses rttptired by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority haeingpi-i,sdiction over the work of vendor. Seller further agrees to hold the City of Port Collins harmless from and against all liability and lass incurred by them by reform of an asserted or established violation of any such laws, regulations, ordinances. roles fad requirements. Aulhonznrion. All panics to this concoct agree that the repmsentatives are. 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 term, and conditions anncad hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby reiccld. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the pnrchnsc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as n waiver ofthis provision. In the event of any delay. the Purchaser.,hall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ho%w%er. the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its masonable control and without its fault of negligence. such acts ofGd, acts of civil or military authorities, governmental priorities, fees, strikes, flood, epidemics. Onn or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firs) 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 wamnts that all goods, articles materials and work covered by this ionic, will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomd wilh the highest degree of care and cnmpci ace in accordance with accepted standards for work Of a similar nature. The Seller agrees to hold the purchaser harmlec from any low, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of wamnry. The Seller shall 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 he prescribed by lawor by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim tinder this warranty. Exeepl as mhert,ise Provided in this purchase Order, the Scllcrs liability hercu offer shall extend to all damages proximately caused by the breach of any of the foregoing warm ntics or guarantees, 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 SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the toms. nth" than legal terms, including additinns to or deletions from the quantities Originally ooeered in the specification. Or drawings, by verbal or written change Orzlwr. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be mmdc. fi. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of the goods then ram shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work for incidental or consequential damnges, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any gods deivcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Chitty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such doeu ncrmts as maybe required to clTeet or evidence eamplimuc. All laws and regulations required to be incorporated in agreements Of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies dnc or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Scllcr wamnts fall, 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, reservations, security interest encumbrances and claim, of uthen. The Seller shall release the Purchaser fail its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend In the director,, off ccrs and cmployccs of such parry. The Seller, contractual obligations, including wamnry, shall not be deemed to be reduced. in any way, because such work is perforated 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 loner, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 Purchaser 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 ancr the completion of the work. In ease said equipment. or any pan 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 said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankaipt. make an assignment for the benefit of coelimrs, appoint a receiver or trustee for any of the Scllcr, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be cOnstn¢d under and governed by the laws ofthc Santo of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perfom work hereunder. including the services of Scllcrs Rcprcscninlive(s), on the premises of others. 17. SELI.ERS RESPONSIBILITY. The Seller shall enny on said work at Scllm's Own nsk until the mate is fully completed and accepted, and shall. in case Of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment nre romished by others for installation or erection by the Seller. the Seller shall receive anluad. store and handle same at the site and become responsible themfor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ocenpationol disease hcncfih, to its employees employed on or in connection with the Work covered by this purchase order, andlor 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 autnmMile public liability insurance with tidily injury and death limits Of at least S30oMm for any one peen. S50O,000 for any one accident and property damage limit per accident of S400.000, The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premixes of othcm, the Seller shall furnish the Purchaser with a eeni6eate that such compensation and insumna have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be nmintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whntsocvcr to persons or property caused by Or msniting from the execmdin r of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homily. the Purchascr and any Or all of the Purchasem ofiecrs, 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 Purchascr may be pat or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractor, officers. agents of cmployccs In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmployccs 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 M wins, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be 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 of the Purchaser, or said panics in or as a result ofsuch .suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall lake all safety precautions furnish and install all guards ncccs,my 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 talcs and regulations issued pursuant then to. Revised 03/2010