Loading...
HomeMy WebLinkAbout130757 DLT SOLUTIONS INC - PURCHASE ORDER - 9121868City of Fort Collins Date: 03/30/2012 Vendor: 130757 DLT SOLUTIONS INC 13861 SUNRISE VALLEY DR. HERNDON Virginia 20171 PURCHASE ORDER PO Number Page 9121868 1of2 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: 03/30/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price I SUPPORT RENEWAL CSI#:3424436 CORE TECHNOLOGY ORACLD DB EE 1 LOT LS SUPPORT RENEWAL - CORE TECHNOLOGY ORACLd DB EE CSI#3424436 TERM: 7/ 1512012-7/14/2013 PER QUOTE #4186526 DATED 3/27/2012 FROM HOPE ALEXANDER. C3. O!1e:9-Q� 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 Total Invoice Address: 9,601.28 .28 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By stmcm the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0s1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tems and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 30-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the cunt of" breach, the acceptance ofor payment for goods hereunder Or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, eitha when shipped or due to defects of any of the warranties oeobligations of this purchase 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 purchaser to insist upon strict performance hercofor any of it rights or remedies as to any such goods, mgardlccs instructions from the City of Fen Collins of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any parpnrted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fen Collins inspection on rental. hereof. Final Acceptance. Receipt of the mcrcharal services or equipment in response in this order can resell in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authenzed payment on the pan of the City of Fart Collins. Hossever, 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 inspeetien prnccdures. win utimr, arc in fact been 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 lice after Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St.. Fen Collins. CO 90522, unless acquired under federal or state antitrust Iaysfor such overcharges relating 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 pocking will teethe 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 gtxtds by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay ill cost associated with such work. Pcmits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules of the slate, municipality, territory or political subdivision where the work is performed, er required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason effort ssscrted or established violation of any such laws, regulations, refinances. talcs and rcquitemcnts. Authorization. All panics to this contract agree that the representatives arc, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ices and conditions stated herein set forth and any .supplementary or additional terms and conditions annexed heron or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifvou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. 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 limitation, acceptance ofpertial late deliveries, shall operae as a waiver of this prevision. In the event ofnny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hmwevcr, 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 ofnegligcnce, such acts of Gnd, acts ofeivil or military authorities, governmental priorities, fires, strikes, fond, epidemics, ones 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 Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drmvings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and centpetcace in accordance with accepted s andards for stork 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 ofthe Sellers breach of wamnty. 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 be prescribed by law or by the terms of my applicable warranty provided by the Seller aver the date of acceptance ofthe goods furnished 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 writer ofnny claim under this wamnty. 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 fercgoiag wanamics or guarantees but such liability shall in no event include loss of profits or loss of usc. 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 terms, other than legal terms, including additions to or deletions from the quantitia originally ordered in the specifications or drawings. by verbal or cerium change order. If any such chance affects the amount due or the time o'perfomence hereunder, an equitable adjustment shall be made. R. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In any or all portions of the goods then not shipped, .subject tc nny equitable adjustment between the parties as many onrk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmlits on the uncompleted portiere ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. Nn such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days From 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 famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regularities required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hemles 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 wTinen consent of the other parry. 10. TITLE. The Seller warm, nts full. clear and unrestricted title in the Purchaser for all equipment, materials and items furnished in In rfomauce of this agreement, free and clear of any and all liens, restrictions, resce-wions, security, interest encumbrances and claims of others. The Seller shall release the Purchaser and it contractors of any net from all liability and claims of any nature resulting fmm the performance ofsuch work. This mIcasc shall apply even in the event of fault of negligence of the parry released and shall extend In the directors. officers and employees ofsuch party. The Sellers continental obligations, including aamnry, shall not be deemed to led 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, potent, trademark of 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 ofsuch infringement at any time during the persecution or after the completion of the work. In case said 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 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 noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or music, for any of the Sellers property or business, this order may femhoi lh he canceled by the Parclancr without liability. Hi. GOVERNING LAW. The definitions ofinerms used or the interpretation ofthc agreement and the rights of all 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 Seiler is to perform work hereunder. including the services ofSellers Re amsentative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully complctcd 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 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 responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19, INSURANCE. The Seiler shall, at his own expense. provide for the payment of corkers conrpcasmine. including occupational disease benefits, to its employees employed on of 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 not limited to, eommiretual and automobile public I adality insurance with Mdily injury and death limits of at h ae S301.000 for any one Person, S500t00e for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, 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 insumnec expires. The Scllcr agrees that such compensation and insumnec shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property caused by or remliing front the exccmion ofthe 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 from sad against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser mzv be put 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 Sellers or contractors officers, agents or employees. In ease 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 and to defend the same at the Sellers own expense to pay any and all costs, charges, atmomevs fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects. agents or employees in .such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the I m scrty of the Purchaser, or said panics in or as a ms It 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 take all s afery precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safcty and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010