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HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9123632City of Fort Collins Date: 06/1912012 Vendor: 165027 C D W GOVERNMENT INC 230 N MILWAUKEE AVE VERNON HILLS Illinois 60061 PURCHASE ORDER PO Number Page 9123632 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 06/19/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Network storage device 1 LOT LS 11,100.00 Drobo - Quote CTKX111 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: $11,100.00 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 statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-IH502. 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 terms and conditions hereof, failure or delay to Internal Re, mutc. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (u). exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Sol let in the event of a French, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to tcau speei fictitious cirher when shipped or due to defects of any of the warmours or obligations 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 perfommnce hereofor any of its rights or remedies as to any such goods. regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported all modification or rescisxien of this purchase order by the Purchaser operate as a waiver of any of the tenor Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. 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 part 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 procedures. violations an in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust lams for 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 reacquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing rill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whore 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 Purchascr and the Seller, and the Seller thercaner indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perfamted by the most expeditions means available to it and the Seller shall pay all costs rusaeiated with such work. Permits. Seller shall procure at scllus sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 Fan Collins harmloss from and against all liability and Inns incurred by them by reason of an asserted or established vitiation of any such laws rcgulatimts, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are. 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed from or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 purchuc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpardal late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other kcal and equitable remedies, the option ofplacing this order etscwherc and holding the Seller liable for damages. However, 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 God, acts ofeivil or military anthoritics, governmental prontics, fires. strikes, flood, epidemics wars or riots provided that notice of the conditions causing such dclap is given to the Pnrehascr within five (5) days of the time when the Seller first received luty,1 dge thereof In the event of any such delay. the date of delivery sIm11 be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings specifications, samples and/or other descriptions given, will be 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 Seller agrees to hold the purchaser hatless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wananry. 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 any applicable warmnry 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmx innately caused by the breach of any of the foregoing svamanties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the temms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all ponders of the goods then not shipped, subject to any equitable adjustment bd%%vcn the panics as to 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 goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No 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 must 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 furnished 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 orevidcnce compliance. 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 hamiless from all costs and damages suffered by the Purchascr u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this ostler, or any monies due or to bocome due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims nfothers. The Seiler shall release the Purchascr and 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 party released and shall extend to the directors, officers and employees of such party. The Scllcr's contractual obligations, including warranty, shallnetbe deemed to be reduced, a 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, deviec, material or process covered by letter. patent, trademark or copyright. the Seller shall indemnify and save hamdess 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 Parches er for any cost expense or damage which it may be obliged to pay by reason of soh infringement at any time during the prosecution or after the completion ofthe work. In case 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 suid equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to cnntinuc using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or notice for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of teems used or the interpretation of the agreement and the rights ofrIl parties hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform rmrk hcramdc, including the services o'Scllcrs Represcarm ive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials before Sellers final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of fl e Purchase[ When materials and equipment arc furnished by others for installation or erection by the Seller, the Seiler 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 Scllcr. under the order. 19. INSURANCE. The Seller shall, at his man 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, and/or to their dependents in accordance with the Imes ofthe state in which the work is to be done. The Seller shall also carry comprehensive goner.] liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500.MO for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Befre any of the Sellers or his contractors employees shall do any work upon the premises nfothers, the Scllcr shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have Boca provided. Such certificates shall speei[v the dxtc ohou such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained ,art] one, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsihility and liability for any and all damage, loss or injury of any kind or nature whatsoever 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 hrmilcss the Purchaser and any or all ol'the Purchasers officers, agents and employees from and against any and all claims losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of Ibc Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other foreecdims.shall be brought against the Purchascr, or its officers, agents or cnmployecs at any time oa 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. attorneys fees and other expenses. any and all judgments that may be jnanrcd by or obtained against the Purchascr or any of its or their officers. agents or employees in such suits or other pmceedings, and in case judgment or other lien he placed upon or obtained against the property oflhc Purchascr, or said parties 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, furnish and install all guards necessary for the prevention of accidents, comply with all lams and regulations with regard to safety including. but without limiafien, the Occupational Safety and Health Act of 1970 undid] mles and regulations issued pursuant thereto. Revised 03/2010