HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9122586City of
art Collins
Date. 05/02/2012
PURCHASE ORDER
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS Colorado 80525-1007
PO Number Page
9122586 1 of 2
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: 05/02/2012 Buyer: ED BONNETTE
Note: PER QUOTE #59663 DATED 4/27/2012 FROM CINDY JACQUOT TO JOHN WEEKS.
Line Description Quantity UOM Unit Price Extended
Ordered Price
DATA PROTECTION ENTERPRISE 1 LOT LS 30,998.00
1 YR SUPPORT/MAINT
Total $30,998.00
2. 09u�� 1
i'l<:�v2�
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.corn
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tens and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions, fly staple the City of Port Collins is exempt from state and local taxes. Our Exemption Nmnbe, is 11. NONWAIVER.
95-04t(11 federal Excise Tax Exemption Ccnificatc of Registry 94-60005R7 is registered with the Collector of Failure of Ibc Purchaser to insist upon strict performance critic terms and conditions hereof failure or delay to
Intemal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or remedies provided herein or by law. failure to pmntp iv 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
Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defect. of anyof the wumntics or obligations of this purchase order and shall not be deemed a oniver crony right of the
damage in transit, may be returned to you for credit and arc not in he replaced except upon receipt of Written purchaser to insist upon strict performance hercefor any of its rights or remedies as in env such goods, regardless
instructions from The City of Fon Collins. of .when .chipped, received or accepted, as to any prior or subsequent default hereunder. nor shall onv pugmrmd
om1 modification or rescission of this purchase order by the Purchaser operate as a vaiecr of any of the terms
Inspection. GOODS arc subject to the City of Pnrt Collin inspection on arrival. hermf.
Final Acceptance. Receipt of the mewhandiw, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment On the an of the City of Too Collins. Iloncver. it ism he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, oveehnrges resulting front antitmst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in Get borne by the Pu¢hnscr. Theretofore. for good cause and as considemlion for cxecvtmg this
purchase order. the Seller hcrcby assigns to the Purchaser anv and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.R.. City of Fort Collins, 700 Word St, Fon Collins CO 90522. unless acquired under federal or state antitrust laces for such overcharges relaing To the panicula goods or .cervices
otherwise specified on this order. If permission is given to pepay freight and charge wrimately. the original freight purchased or acquiml by the Purchaser pursuant to this purchase order.
hill must accompany invoice. Additional charges for packing will not be accepted.
I3. PURCI IAS ERS PERFORMANCE OF SELLERS OHL IGATIONS.
Shipment Distance. Where manufacturer, have distributing Juniors in various parts of the country, shipment is Ifthe Purchaser directs the Sellertoeorrect nonconforming ordefectivegoods bya date lobe agreed upon bythc
expected from the nearest distribution point to dcstinmion. and excess freight will be deducted from Invoice When Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unaillimpoesc to comply. The Purchaser
shipments arc made from greater distance. may cause the Wmk to be performed by the most eepeditions means available To it and the Seller shall pay all
costa nsocjnicd with such work.
Permits Seller shall procure at sellers sole cost all naccsmry permits. certificates and licenses requited by all
applicable laws, regulations, ordinances and rules of the stmc, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the oork
of vendor. Seller further agrees to hold the City of Fell Collins harmless from and against all liability and loss
incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances. mlcs
and requiremenn.
Authorivttioa All parties to this contract agree that the representatives arc, in fact, horn fide and possess full and
complete authority in bind said panics.
LIMITATION OF TERNS. This Punhase Order expressly limits acceptance to the Isms and conditions stated
herein set Furth and any wundconcnmry or additional toms and conditions annexed herein or incorporated herein by
reference. Any additional tar different terms and conditions proposed by sellerme objected n and lurch, rejected.
_a. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of The essence. Delivery and performance must be effected within the time
stated no the purchase Wider and The documents attached herein. No acts of the Purchasers inchul i ng, without
Jim intion, acceptance of partial late deliveries, shall operate as. wniver of this provision. In The event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing This order dmwhcre
and holding the Set let liable for damages I lontver. The Seller shn 11 not he hall le for damages ins a result Of delays
due to causes not reasonably foreseeable wit ich arc beyond its reasonable control and without its fault of ncgl igcncc.
such act, of God. acts of civil or military authorities, governmental grind tics, lies, strikes. Rood, epidemics, nmrs or
tints provided that notice of The conditions causing such delay is given to the Purchaser Within ficc (5) days of The
time when the Seller first otecivcd 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 re,a.son of the delay.
3. WARRANTY.
The Seller wamuts that all goods, articles, materials and Work covered by this order will conthrm with applicable
drawings, specification, samples and/tar other descriptions given, will he fit for the purposes intended, and
performed With the highest degree of care and competence in accordance With accepted standards for Work of a
similar nature. The Scllcr agrees to hold the purchaser hmmkss fmm any Ins,, damage Or expense Which the
Purchaser may suffer or incur on account of the Scllcrs breach of Wnrmnly. The Scllcr shall replace, repair on mnkc
good. Without cost to the purchaser. any defects or faults arising within one U I year or within such longer perind of
time as may be prescribed by Inv Or by the Terms of any npplicahlc warranty, provided by the Seller are, the Ante of
acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting fmm imperfect
or defective Work done or materials furnished by the Scllcr. Acceptance or use of goods by the POmhnscr shill not
consulate a waner orally claim under this wnmnly. Execpt as nfficro a po wided in this purchase onleq the Scllcrs
liability hereunder shall extend to .111 dannges pmximatcly caused by the breach of any of tile fmcgoing wmmnticn
tar guarantees, but such liability shall in no event include loss of,unfits or Inns ofuse. 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 nrdcr.
5. Cl IANGES IN COMMERCIAL. TERhIS.
The Purchaser may make anv changes to the terms, other Than legal terms. including additions to or deletions from
the quantities odginally ordered in the specifications or drawings, by verhnl or Written change oiler. If airy such
change affecls the amoum due or the time ofperfomnnce hereunder, an equinhle adjustment shall he mode.
6. TERMINATIONS.
The Purchaser may at any time by wli0en change order, tcmuinate this agrcemcnf as to any or all portions of the
goods then not shipped, suhject to ony c lvituhlc ndjustmcnt between the panics as to any work or materials then in
pmgrec provided that the Purchaser shall tam be liable for any claims for amicipzted pmtits on the uncompleted
portion of the goods andlor Work. for incidental or consequential damages and that no such adjustment be made in
farm of the Seller with resptet to any goods .which arc the Scllcrs standard stock. Nn .such trminatum shall mlicvc
the Purchaser or the Scllcr of any of their obligaions as many grads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted Within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller ..at, 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 goods arc subject. The Seller shall execute and
deliver such ducumentc as may be required m effect or evidence enmplianee. All laws and regulations required In be
incoporated in agreements of this character are hacbv incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmlcc final all costs and damages suffered by The Purchaser as a result of the
Sellers failure in comply With such law.
Q. ASSIGNMENT.
Neither party shall assign, mnsfer, or coney this order, or any monies due or to become due hereunder without the
prior written consent of the other perm.
10. TI TLE.
The Seller wamnts full, clear and unrestricted title In the Purchaser for all equ ipntcnt mania Is. and items famished
in perfornmee of this agreement, foe and clear of any and all liens. restrictions. reservations. seconty interest
encumbrances and claims of Others.
The Set let shall release the Purchaser and its contractors of anv licr from all 1iabil its ,aad ela ime of anv nature
resulting from the performance of such work.
This release shall apply even in the event of fin ell of negligence of the panv released and shall extend to the
directors. offices and era pinyces of such party.
The Seller's contractual obligations, including warm, my. shall not be deemed to he reduenl, in any Way. because
Such Wnrk is perforated or caused to be perfumed by the Purchaser.
14. PATENTS.
NVIO,never the Seller is required to use any design, device, material or process covered by letter. patent, trademark
or copyricht, the Seller shall indemnify and save harmless the Purchaser from anv and all claims for infringement
by rcasnn of the use of such pateved design. device, material or process in connection with the contract. and
shall indemnify the PVmhaser fat anv lost, expense or damage which it may be obliged in pay by reason of -such
infringement at any time daring the prosecution or after the completion of the work. In cam said equipnwnl. or
onv part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment tar pan is enjoined. the Seller shall, at its own expense and al its option, either procure for the
Purchaser the right to continue using said equipment or parts replace the same with subsintially 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 cmlllum, appoint a
receiver or trusts, for any of the Sellers Trope Try or business, this caler may forthwith he canceled by The
Purchaser wilhora liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthc agreement and The rights of all panics hereunder shall he
cnnslnted under and governed by the laws ofthc Star, of Colorado, USA.
The following Additional Conditions apply only in cases Where the Seller is In perform Work hereunder.
including the services of Sellers Repre..atmive(s), (in The premises of uthcrs.
17. SELLERS RESPONSIBILITY.
I'he Seller shall entry on said Work at Scller's own risk until the same is folly completed and accepted. and shnll.
in ease of ony act &m, dcstmction m injury to the Work and/or mmerials before Sc l let's final completion and
accopnnce, complete the work at Seller's non expense and TO the satisfaction of the Purehnper. When nmfcdnls
and equip cut arc fiunishcd by other., for installation or erection by the Scllcr, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor is though such materials and/or equipment
were being famished by the Seller under the nrdcr.
IS. INSURANCE.
The Scllcr shall, a his own expense provide for the payment of oorkcm compensation, including occupational
disease benefit,, to its employees enployed on or in connection with the Work coccred 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 Minding, but not limited to, contractual and aummnhile public
liability insurance with bodily injury and death limits of at least Si00,1n0 for To, One person, S500.0m) for :ony
one accident and property damage li.... I per accident of S400,000. The Seller shall likewise require his
contractors. Wary. to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do onv Work upon the premiss OfmIo,,,. the Seller shall furnish file Pumhaar with a certifieme
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 speeifv the dam When such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be msinnined mail after the
entire Wnrk is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hcrcby xsstmms the entire responsibility and linhility for any and NI damage, lossor injury ofanv kind
Or inane ohafsocycr to persons or property caused by or resulting from the execution ofthe Work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold himdess the Purehrmr and any
Or all of the Purchasers oRcea, agents and employees fmm and against any and all claims losses, damages,
charges or expenses. whether direct or indirect, and whether to persons Orproperty to n'hich the Purchaser nay
he 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 Scllcrs or contncto¢ officer,. agents or employees. In case any suit or other
pmcccdings shall be brought against the Purchaser, or its officer,. agents or employees at any time an account Or
by reason of any act, action, neglect. omission or default of the Seller of any of his contractors tar any Of its OrIhcir officers, .gems or employees as aforesaid. the Seller hcrcby agrees to assume the defeasc fhemof and to
defend the some TO the Sellers own cxpcnec, to pav any and all costs, cham_a, attorney, fees and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their otlieem.
,agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or
obtained against the prop" 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 talc all safety precautions, fumish and install all guards accessr v for the pnvcmion of
accidents. comply with all laws and regulations with regard In safety including, hilt Without limitation, the
Occupaional Safer, and Health Act Of IM and all rules and regulations issued pursuant therein.
Radmd 03/2010