HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9122726PURCHASE ORDER PO Number Page
City of PURCHASE
9122726 1 of z
`t Collins This number must appear
on all invoices, packing
slips and labels.
Date: 05/10/2012
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS Colorado 80525-1007
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 05/10/2012 Buyer: ED BONNETTE
Note: PER QUOTE #59670 FROM CINDY JACQUOT TO JOHN WEEKS DATED 5/2/12.
CITY CONTACT PERSON IS JOHN WEEKS; PHONE (970)372-7760.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 LEWAN DOC#59670-VMWARE
SUPPORT TERM: 5/31/12-2/17/14
1 LOT LS
Basic Support for View Premier Bundle 1 yr VU4-PR-100-G-SSS-C Qty (1)
Basic Support for vSphere Enterprise 1 yr VSS-ENT-G-SSS-C Qty (12)
Basic Support for vCenter Standard 1 yr VCSS-STD-G-SSS-C Qty (1)
Term: 5/31 / 12-2/17/14
Total
23,075.00
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 II, 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
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from ,life and local taxes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84-61)f10587 is registered with The Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26, 114 of
Goods Rejected. GOODS RERCTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit. may be resumed To you for credit and arc not to be replaced except upon receipt of written
instructions fmm the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on nniv:al.
11. NONWAIVER.
Failure of the Purchaser to insist open strict performance of the toms and conditions hereof, Failure or delay to
exercise any right, or remedies pow Elect herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of
any of the wamntics or obligations of this purchase order and shall not be dmmed a waiver of any right of the
purchaser to insist upon strict performance hmcoforanv of it rights or remedies as to any such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
not modification or rescission of chi, purchase erdcr by the Purchaser operate as a waiver of any of the toms
hereof.
Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
malmnzed payment an the pan of the City of Fen Collins. Hmveven it is to be nnderstrmd that FINAL Seller and the Purchaser recognize that in actual economic pmeffec. overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hercaller
Freight Terms. Shipments must be F.O.H.. City of Fen Collins, M) Wood St., Fun Collins, CO 80522. unless acquired under federal or state antitrust Imes for .such overcharges relating to the panicular goods or services
otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased or acgnirM by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing point, in various pans of the country, shipment is If the Purchaser direct the Seller to correct nanconfomting or defective goods by a date to be ogrced upon by the
expected from the nearest distribution point to destination, and excess freight will be dedneted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingnesc to comply, the Purchaser
shipments arc made Form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr dholl pay all
cost, associated with sinch work.
Pewit,. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all
applicable lams, regulations, ordinances and tales 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. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Ins,
incurred by them by reason of an asserted or established violation of any such laws, regmlmione, ordinances, rules
and requirements.
Authorization. All panics to this concoct agree that the representatives are. in fact. bona fide and possess full and
complete authority to bind mid parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional tcmw and conditions annexed hereto or incorporated herein by
reference. Any additional or diffaent temp and conditions proposed by seller are canceled to and hereby rejected.
_a. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as rimed. Time is of the essence. Delivery and performance mast be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation. acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay,
the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order Elsewhere
and holding the Scllcr liable for damages. Deserver, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably famsccable which arc beyond its reasonable control and without its fault ofnegligenec,
such act, of God. act, ofeivil or military mnheritics. governmental priorities, fires, strike,. flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) day, of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shill be
extended for the period equal to the time actually lost he reason ofthc delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
dmwinps, specifications, samples and/or other descriptions given, will he fit for the purpescs intended and
performed with the highest degree of cam and competence in accordance with accepted standards for work of a
similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarranty. 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 ofany applicable worm, my provided by the SCIIcreRcr the date of
acceptance of the goods furnished hacunder (acceptance not to be unreasonably delayed), resulting front imperfect
or defective ,oil door or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a seiner ofany claim under this wamnty. Except as mhcmisc provided in this purchase order, the Scllers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing searmmics
or guarantees, but such liability shall in no event include loss of pmfis 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.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fin
the quaotiticz originally ordered in the speei Geations or drawings. by verbal or omen change order. If any such
chance affects the amount due or the time of performance hereunder, an equitable adjustment shall he made.
fi. TERMINATIONS.
The Purchaser may at any time by written change order. harmonic this agreement as to any or all portions of (tic
goods then net shipped, subject to any equitable adjustment betwsen the panics a% no any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seiler with respect to any god%which are the Sellers standard stock. No such tcmination shall reline
the Purchaser or the Seller of any of their obligations as to any good%delivered hereunder.
7. CLAIMS FOR ADIUSTM ENT.
Any claim for adjustment most be asserted within shim (30) days from the date the change or termination is
nNcrcd.
8. 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 end regulations to which the goods are subject. The Seiler 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 character arc hereby incorporated herein by this reference The Seiler agrees to
indemnify and held the Purchaser harmless from all costs and damages suficred by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign. confer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller wmmnts 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, reservations, security interest
encumbrances and claims ofethery
The Seller shall release The Purchaser and its contactors of any tier from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, of cersand employees ofsuch party.
The Scllcr', contractual obligations. including wamnty, shall not be deemed to be 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
or copyright, the Scllcr shall indemnify and save harmless the Purchaser farm any and all claims for infrngemrnt
by reason of the car of such parried design, device, material or process in connection with the contract and
shall indemnify the Purchaser for any cost, expense or danmge which it may be obliged to pay by reason of such
infringement at any time during the prosecution or a0cr the completion of the work. In ease said equipment, or
any pan thercaf or the intended use of the goods, is in such suit held to constitute infringemctit and the use of
mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either Fracture for the
Purchaser the right to continue using slid equipment or pans, replace the same with substantially equal but
nnninfringing equipment, or modify it so it becomes anninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bxnkncpl, make an assignncnt for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the
Pamha,cr without liability.
16. GOVERNING LAW.
The definition, of terns used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
construed under and governed by the lams ofthe State ofColomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Scllccs Reprexcatative(s), on the premises efotherx
IT SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall,
in case o(env accidem, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchzur. When materials
and equipment arc famished by others for installation or erection by the Seller, the Seller shall cattier, intend.
store and handle simc or the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE:.
The Sella An,11, at his non expense. provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order.
author to their dependents in accordance with the Imes of the state in which the work is to be done The Seller
shall also cam comprehensive general liability including, but not limited to, contractual and mantambile public
liability insurance with bodily injury and death limits of at (cast S3IXtf1t/11 for env one person. SSW." for any
one accident and property damage limit per accident of S400010. The Seller shall likevvisc require his
contractors. Bray. to provide for such compensation and insurance. Defoe any of the Sellers or his contractors
employees shall de any work upon the premises 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 insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19, PROTECTION AGA INST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and Inactive for any and all damage, lass or injury ofany kind
or nature whmsoc%er to persons or pmpcny caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Sole, 'rill indenmifv and hold hamdcss the Purchaser and any
or all of the Purchasers officers. agents ,cut employees Tom and against env and all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether to Persons or property to which chc Purchaser may
he put or sinnect by reason of any act, action. neglect, omission or default on the part of the Seller, any of his
contractors, or any of The Sellers or contractors officers, agents or employees. In case any snit or other
proccodings shall be brought against the Purchaser, or its otFteen. agents or employees at any time on account or
by reason of any net. action. neglect omission or default of the Seller of any of his contractors or any of its or
their oIBcers, agents or employees as aforesaid, the Seiler hereby agrees in assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, otromeys 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 Employee% in such snits or other proceedings, and in ease judgment or other lien he placed upon or
obtained against the pmpeny of the Purchaser. or said panics in or as a result of such 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 safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regcdmions with regard to safety including, but without limitation. the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant therein.
Revised 03/2010