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HomeMy WebLinkAbout535429 DYNAMIC SYSTEMS INC - PURCHASE ORDER - 9141650 (2)Fort Collins Date: 03/21/2014 Vendor: 535429 DYNAMIC SYSTEMS INC 124 MARYLAND ST EL SEGUNDO CA 90245 PURCHASE ORDER PO Number Page 9141650 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/18/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price t ANNUAL SUPPORT & MAINT SERVICE 1 LOT LS 39,972.92 YEARS 2-5 INVOICED@$9,993.23YR 7609 Oracle Database Appliance 2 ANNUAL SUPPORT & MAINT SERVICE 1 LOT LS 9,993.23 FIRST YEAR MAINTENANCE 3 COMPUTER SOFTWARE 1 LOT LS 1,850.00 TRAVEL EXPENSES NOT TO EXCEED 4 COMPUTER SOFTWARE 1 LOT LS 10,320.00 PROF SRVCS FOR INSTALLATION/EQ . 5 COMPUTER SOFTWARE 1 LOT LS 83,276.94 ORACLE DATABASE APPL X4 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort of PURCHASE ORDER PO Number Page 9141650 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Total Invoice Address: 13.09 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETA11S. Tax exemption. By statute the City of Fort Collins is exempt from state aM laal taxes. Our Exemption Number is dFD1502. Federal Excise Tax Exemption Certificate of Registry U-600058J is regiseared with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Station 1973, Chagrin 39-26,114 (a). Gaud Rejected GOODS REIECTED dun to failure to mat s,elifiwtiom, either when shipped or due fO defers of damage in roil, may be rmmad in you for coedit and arc not to be replaced except upon receipt of women instructions film the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services ty or uipinent in resse ponto fair order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL AC'CEP'1'ANCE is deperulent open complerion of all applicable required inspection procedures. Freight Tender. Shipments moor be F.O.B., City of Pod Collins,'/00 Word St, Fort Collins, CO 80522, unless otherwise specified on this order. 11petission is given to prepay freight and charge separately, the original freight bill most wcomoanv invoice. Additional charges for pxkirm will not ba accepted. Shipment Divorce. Where svnufmrem have distdbming prints in various pars, of the country, shipment u expected from the vamt distribution point a destination, odd soma freight will be deducted to. Invoice when shipments me made fro greater distance. Permits. Seller shall procure at milers sole cost all necessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and roles ofthe sure, municipality, momery or political subdivision where the work is performed, Or required by any ocher duly consumed public authority having jurisdiction over the work of vendor. Seller further agrees to hold file City of Fort Collins harmless from and against all liability and Ion inctureal by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authoritarian. All panics to this contract agree that the ormoicaunwas are in fuel, bona fide and possess full and complete authority to bind said parr. LIMITA1lON OF TERMS. This Purchase Older expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any addifirml or different moms and condition propped by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to drive on your Promised delivery date as weed Time is of the essence. Delivery and pert ce muse be effected within the rime stated on the purchase coder and the documents laughed harem. No acts of the Purchasers including, without limitation, incorporeal informal late deliveries, shall operate as a waiver of this provision. In the rem of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, pre option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages in is result of delays due to causes not reasonably foreseeable which arc beyond its rcnomble control and without its fault of negligence, such acts official acts ofeavil Or military authorities, guvemmental priorities, fires, strikes, Bond, epidemics, wild 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 Seller first received knrw]edge thereof. In the event of any such delay, the data of delivery, shall be extended fir the Period cgml a the rime actually lost by ream of the delay. 3. WARRANTY. The Seller warms that all good, articles, materials and work coveml by this order will confirm with applicable drawings, specification, samples worker other description given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a similar wturs. The Seller agrees to hold the purchasr hatless from any loss, damage or expense which the Purchna may suf or incur on -went of Ore Sellers breach of wananry. The Seller shall replace, repair or make good, without cost to the purchases, any defers or faults afraid, within one (1) year At within such longer period of time as may be pmmbed by law or by the arm, of my applicable wamoary provided by for Seller a0ef the dam Of acceptance of the goods famished hereunder (acceptance not to be umcavonably delayW), resulting from imperfat or defective work done or materials famished by she Seller. Acceptance or use, of goods by the Purchaser shill not institute a waiver, of any claim under this wananry. Except as oNerwin, provided in this purchase order, tar, Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of d, foregoing wananlies or guamnfees, but such liability shall in no event include loss ofprof s or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may mad changes to legal arts by written change order. 5. CHANGES IN COMMERCLM, TERMS. The Purchaser may make any changes to she terms, other than legal from, dilating additions to or deletions from the quantities originally ordered in the specifications or drawings, by vadral or women change order. If any such change affects fare amount due or the tilde mquitable e of performance hereunder, an ecurtailment shall be made. &TERMINATIONS. The Purchaser ivy ed my time by written change order, terminate this agreement as to any or all potions of the goods then Out shipped, subject to my equitable edjntment between the parties m to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for marinated prole, on fbe uncompleted portion of the grad and/or wrmr, for incidmtal or conaquemain damage, and that no such adjustment Per made in favor of the Seller with respect a my goods which art the Sellers sandand stock. No smh atination shall relive the Purchaser or the Seller of my oftheir obligations m to any good delivered hereunder. 1. CLAIMS FOR ADJUST MENT. Any claim for adjustment most be soared within thirty (30) days from the date the change or domination is ordered. k COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in suit, compliance wit all applicable laws ard regulations to which the goods are subject The Seller shall execute and deliver such ducumenm as may be m ired m effea m evidence compliance. All laws and regulatima rquirad to be wmpomaed in agreements of this character ere hereby incoporsed herein by this refemoce. The Seller agrees to indemnify and hold the Purchaser hatless from all casts and damages suffered by de Purchamr m a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, refer, or convey this order, or any monies due or to become due hereunder without the prior written moment of the other party. 10. TITLE. The Seller warms full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and deco of any and all lien, restriction, reservations, security interest mcumbranas and claims afoders. 11. NONWAPVER. Failure of the Purchaser to insist upon strict performance of the arms and moWin.. hareoE failure or delay to crcise my rights or remedies provided herein or by are, failure m promptly notify rate Seller in the evert of a breach, the acceptance ofor payment for gouda hereunder or approval riffle design, shall car mle, . the Seller of any of the wmmtie or obligations of this Pmch+rn older and shall can be remain a waiver of any tight of de purchaser in insist upon strict performance hermfor any of ins 6ghm or remedies n to any such good, regardless of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any performed oral annihilation or rcui.ion of this purchase oNer by the Purchaser operate to a waiver of any of the it. hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharge resulting from antitrust viclatioma are in fact Prime by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, file Seller hereby assigtss to the Pumhaxr any and all claims it may now have or hereafter acquired order federal or sate anrirmal laws for such morchary relating m the panic llar good of services purchased or acquired by the Parchuer pursuant to this purchase ands, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs rate Seller to correct wmonfoting or defective good by a date to he agreed upon by rare Purchaur and the Seller, and the Seller thereafter indicates in; inability or unwillingnessm amply, the practises may muse the work to be, performed by the most expeditious meats available to it, and rate Seller shall pay all caner ax,oeiaed with such wort. The Seller shall relent, the Purchase( and is mntmuons of any Fier fro all liability and claims of any same, resulting fro the performance of such 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 ofsuch perry. The Sellers comractual obligations, including wananry, shall nut be deemed 10 be mail in any way, because such work is performed or caused to be performed by the Purchaser. is. PATENTS. Whenever the Seller is toroidal to use any design, device, material or process covered by ]slier, patens andemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by drawn of the use of such patented deaigr, device, material or process in connection with the comfort, rand shall indemnify the Purchaser fro my cost, expense or damage which it may be obliged to pay by reason ofsucb infringement at any time doting the prosecution or after she completion of the work. In case said equipmmt, or any pan thereof or the intended use of the goods, is in such suit held m..har a infringement and the use of said equipmem or pan is enjoined, the Seller shall, at its own expense and at its option, either prxame for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller, shall become insolvent or bankrupt, make an nsignmenl for the bereft of fredmad, appoint a receiver or tmstee for any of the Sellem property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definition of muss used or the interpre tion ofthe agreement and the fights of all parties hereunder shall be construed under and gmamed by the laws of the State of Colombo, USA. The following Additional Condition apply only in cases where the Seller is to perform work immodest, including the serrvicesof Sellers Reprtsentative(s), on the premix, afothers. 19. SELLERS RESPONSIBILITY. The Selln shall carry on said wont at Senses own risk and the same D fully completed and mcepad, and shall, in rase of any accident, destruction or injury to the work and/or namrials before Seller's final complatiw and eccepm rce, complete the work at Sellers own expense and to the satisfaction of the Purchxaer. When materials and equipment arc famished by oNer for installation or erection by the Seller, she 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment Of workers compensation, including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchax order, and/or to their dependents in accordance with the laws of the .real which she work is to be done. The Seller shall also arty, comprehensive general liability including, but not limited to, conformal and automobile public liability assurance with bodily injury and death limits ofad least S300,000 for any one period, S500,0110 for any rawmaide. dud property damage limit pet waide. of 5400,000. The Seller ,lull likewise require his contractors, If my, to provide for such compensation and accordance, Before my of pre Sellers or his conducted employees shall do any work upon Om pra dish of others, the Seller shall finish the Purchaser with a certificate this such compensation and insurance have been provided. Such certifiwras shall specify the date when such compemuricn andmoufance have bon provided. Such renificates shall specifythe, date when such romper lion and imumnce expires. The Seller ogrtec that rush mrapnamion and imurence i all be maintained it mar the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability fro any and all demagq loss or injury army kind of 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 hatless the Purchaser and any cr all of she PurchaseOften, agents and employees from and against any and all claims, losses, damages, Purchases harges or expenses, whether direct or officer, and whether to persons or property to which the Purchaser may be put or subject by remain of any act, action, neglect, omission or default an the pan of the S,Iler, any of his contractors, or any of the Sellers or claimants offcas, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employers at my time on Oceanid or by maven of any ac4 action, neglect, omission or default Of the Seller of my of his contractors or any of its or their officers, agents or employees or aforesaid the Seller hereby ogees to assume the defense dnmf and to defend the same at the Sellers own expeme, m pay any and all cos¢, charges, atmmeys fees and other expenses, any and all judgments dot may he incurred by or Obtained against the Pumhaxr or my of its or their officers, agents Or employees in such suits or other proceedings, and in case jWgmm, Or other rim be placed upon or obtained against de property, ofthe Purchaser, or said parties Or urn a mull of such suits or other proceedings, use Seller will al once cm. the came to be dissolved and discharged by giving bond or odeowise. The Seller and his contractors shall take all safety precautions, froush and (tall all guard necessary, for the pmention of accidents, comply with all laws and regulation with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all miles and regulation issued pursuant thereto. Revised 03I2010