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HomeMy WebLinkAbout486564 SAP PUBLIC SERVICES INC - PURCHASE ORDER - 9130476Fort Collins Date: 01/17/2013 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 9130476 1of3 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: 01/17/2013 Buyer: ED BONNETTE Note: MAINTENANCE & SUPPORT FOR CRYSTAL REPORTS. NEW END DATE 6/26/2014. Line Description Quantity UOM Unit Price Extended Ordered Price 1 REF#220305983 QTY 20 CRYSTAL QTY 4 BUS OBJ 1) Ref#220305983 - TERM 5/11/2013-6/26/2014 Qty 20 Crystal Reports 2008 Qty 4 SAP BusObj Xcelsius Enterprise 2) Ref#22030813 - TERM 11/28/2013-6/28/2015 Qty 10 Crystal Reports 2009 Qty 5 SAP BusObj Xcelsius Enterprise 3) Ref#220307136 - TERM 5/11/2013-6/26/2014 Qty 20 BOBJ Edge Standard Edition NU NU Qty 1 Crystal Xcelsius Designer Named User Qty 1 BOBJ Edge Standard Edition 20 CAL 20 CAL 4) Ref#220307136 - TERM 6127/2013-6/26/2014 Qty 40 Crystal REports 2008 Qty 1 SAP BusObj Xcelsius Enterprise 2 REF#22030813 QTY 10 CRYSTAL QTY 5 BUS OBJ 1 LOT LS 1 LOT LS 3 REF#220307136 1 LOT LS QTY 20 CRYSTAL QTY 1 BUS OBJ 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 2,559.25 2,035.88 14,919.87 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9130476 2 of 3 Fort Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 4 REF#220307136 CITY 40 CRYSTAL QTY 1 XCELSIUS 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 1 LOT LS 3,893.56 Total $23,408.56 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. I:or exemptions. By stature the City of Fort Collins is exempt from state and local texas. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 54-0000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay a Internal Revenue, Deaver, Colorado (Ref. Cdomdc Revised Statutes 1973, Chapter 39-36, 114 (o). exercise any rights or remedies provided herein or by law, failme to promptly notify the Seller in the event of a breach, the acceptance of or papnent for goods hereunder or approval of the design, shell not release the Seller of Goods Rejected, GOODS REJECT I D due to failure to meet apecitirnwar, either when shipped or lion In defects of any of the warranties or obligations of this nuelaw order and shall not be deemed a waiver crony right of the damage in amnia may he reamed to you for credit and are not to be replaced except upon receipt of ,o ter purchaser to insist upon strict performance hereof or any of its tights or remedies as to my such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral read; fcolaw or rescission of This purdvau order by the Purchaser operate as a waiver of any of the terms Irapectian. GOODS are subjecuo the Ciry of Fort Collins inspection era arrival. hereof. Fiwl Acceptance. Receipt of the merohandise, se or equipment in respoow, rto this nuclear car oul, in Il. ASSIGNMENT OF ANTITRUST CLAIMS. amhment onaed payon the pan of ,he City of Foe Collins. However, it is to be undertmod than FINAL Seller sad the practiceser revognion that in was, co, peactice, overcharges resulting from ente, ACCEPTANCE is dependent upon completion aid applicable recurred inspeclum procedures. violations we in fact home by the Purchaser. There wore nfongood 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 hereafter Fmight'I core. Shipments must be F.O.B., City of Fort Collins, 700 Waal St, Fort Collins, CO 80533, unless acquired under federal or state antibnt laws for such overcharges relating to the particular goods or services otherwise specified on this order. I I permission is given to prepay freight and charge separately, liar original freight purchased or squired by the Purchaser pursuant In this purchase order. bi ll must accompany invoice. Additional charges for packing wil l not be accepted. - Shipmew Distance. Where ntanufacmrers have thartbming paints in comes pans of de comnry, shipment is expected from the nearest distribution point as destination, and excess lieigh, will be deducted from Invoice when shipments art made from greater distance. Permits. Seller shall procure at seller sole cost all necessary Permits, certificates and Incenses required by all applicable laws,regulations, ordinances and rates offe sure, municipality, memory or political subdivision where the work is performed, or required by any ether duly maintained public authority hasmajunwiniun over the work of vendor. Seller further agrees to hold the City of Pan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, announces, roles and magmereems. Amhariamim All war iea In this contract agree that the representatives are, in fact, bona fide and possess full and ontplene authority to bind said panics. LIM II'A'1 ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited herein set both and any mpplememary ar additional tents and eemdilions annexed here,. or incorporated herein by commove. Any addirierul or drReenl tnms and conditions pmpoicd by seller are objemed to and herby rejector. H. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely 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 on the purchase order and the documents attached hereto. No acts of the Purchners including, without limitation, acceptance of pmial Into deliveries, shall warmc as a waiver of this provision. In the even, of any delay, the Purchaser shall have, in addilinn or o@err begot and egnimbk remedies, the option of,dwing this order elsewhere and balding the Seller liable tier damage,. However, the Seller shall nut he liable for darn cs as a result of delays due to causes not reasonably fiammoablc which are beyond its reasmable control and without its (hull of ruck]mence, such acts of God, acts ofcivil ar military anlboriies, governmental priorities, fires, on es, flood, epidemics, wars or nets provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when the Sella first received knowledge thereof In the seat of any such delay, the date of delivery shall be extended for the partial 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 descriplion given, will be fit for the puryama 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 hnmrless from any loss, damage or expense which the Purchaser may suffer or incur on weeunl of the Sellers brooch of wunanry. The Seller shall replace repair or make good, without cosr to the purchaser, any defects or faults arising within one (I) year or within such longer period of time n may be pmScnbed by law or by the mans of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished heeunder (acceptance not to be uneasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall no, constitute a waiver of any claim under this warrsnry. Except as otherwise presided pu this purchase order, the Sellers liability hereande, shall extend to all damages proximately caused by the breach of any of the functional, wanea,ies or guarantees, but such liability shall in no event include loss of prof¢ or loss of tire. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teems by wrinen change order. 5. Cl LANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletion frown the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aR cts the amount due or the time ofperfmmance remainder. an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by sermon change order, terminate this agreement as many or all portions of the goods than rim shipped, subject ea coy equitable adjustment between the fact ses ne any work or mmniab then in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted proton of the goods and/or work, for incidental or consequer inl damages, and that no such adjustment be made in room of the Seller with respect to any gaud, which are the Sellers standard stock. No such mnninwh n trial I b ieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder - Z CLAIMS FOR ADJUST MENT. Any claim for adjustment most be asserted within thing (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants thin all goods sold Ierecr der shall have been produced, sold, delta wed and famished in slier compliance with all applicable laws and regulations to which the good art subject The Seller shall exasate and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are herby hoomomed herein by this reference. The Seller agrees to indemnify and hold the Purchaser b urand— from all coats and damages suffered by the Purchaser as a result of the Sellers future to comply with such law. 9. ASSIGNMENT. Neither Early shall assign ,ranter, or convey This order, or any monies due or to became due hereunder without the ,car wrinen transient of the other pony. 10. T ITLE. The Seller wananu pull, clear and unmtriaed title to the Parchment for all quipmmt materials, and items rumored in performance of this agreement free and dam of any and all lieu, restriction, reservation, security answer encumbrances and claims of others. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller a amova nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sid let thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be returned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any der [man all liability and claims of any nnurc resulting from the pfifor mance of each work. This release shall apply even in the ,,at of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch .any, Tim Sellers contour obligations, including warranty, shall no, be devoted to be bar uced, in any way, bccunse such work is Furrowed or caused he be perforated by the Purchaser. 14. PATENTS. Whbwvvnhe Seller is required Ire use any design, device come sal or process covered by tenet, patent, trademark or copyright, the Seller shall indemnify and save harmless the Parcbaser from any and all claims for infringement by reason of the use of such preened design, deice, mammal or process in connection with the contract, and shall indemnify the Parchaser 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 offer the completion of the work. In case said efl imnam, or any pan thereof or the intended ate of the goods, is in such suit held to container, infringement and the use of said quipment or pan is enjoined, the Seller shall, as its own expense and at its option, either procure for the Purchaser flat right to continue using said equipmen, or Paris, replace the sane with substantially equal but noninftinpa, equipment, err modify it so a herein. noninfrin,mg. 15. INSOLVENCY. If ,he Seller shall become Insolvent or bwilkept, make an assignment for the benefit of creditors, appoint a mociver or trustee for any of me Sellers property or business, this order may forthwith be, canceled by the Purchaser Witham liability. 16. GOVERNING LAW. The definitions oftcmu used or the intnpre atio r of the agreement and the rights troll parties hereunder shall be construed under and govemed by the laws ofthe Sure ofColoado, USA. The following Additional Conditions apply only in where the Seller is to Perron. work hereunder, including the services of Seders Represemalive(s), on thecases premises ofothem ❑. SELLERS RESPONSIBILITY. The Seller shot] may an soil wad or Sellers on disk until the same is fully completed and accepted, and shall, in au of any accident, destruction or injury m the work and/or materials before Seller's for completion and acceptance, complete the work at Sellers own experue and to the satisfaction of the Purchase, When materials and quipmmt art Sumisbed by others far instillation or erection by the Seller, the Seller shall reverse, ublood, stare and handle same at the sue and become reeponsible therefor as though such materials anfror gdopmem were being famished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment ofworkers 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 laws of the state in which the work o to be done The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deaf limits of at least S300,000 far any one person, S50 ,000 for any one accident and property damage limit pet accident of S400.000. the Seller shall likewise require his contmcloq if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifcate shot such compensation and insurance have been provided. Such cenifim¢s shall specify the date when such compensation and assurance have been provided Such certificates shall specify the date when such compensation and nouraftes, expires. The Seller agrees that such compensation and insuramaintained nce shall be maiined until after he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sel to, hereby assunma the enure ref ariodal fry and liability for any and all danmgc, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution afthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmanless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, dories or expenses, whether drive, or fndirecl, and whether in persons or property to which the Purchaser may be put or subject by maven of any act action, cagiest, omission or def erg, on the pan of the Sella, any of has rectors, or my of the Seller o officers, agents o ra employees. In se rwho, proceedings shall be brought again, the Purchases or its officers, agents or employees at any tithe on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of Is or their offers, agents or employees re aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, whow, s fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its ar their of5cer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or .blamed against the property of the Purchaser, or said parties in or as a result of such suits at other pruceediny, the Seller will at once cause the same an be dissolved and dochatyed by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and ;null all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including• but without limitation, fc Occupational Safety and Health Act of 1970 and all ales and regulation issued pursuant thereat. Raised 03R010