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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142291of Fort Collins PURCHASE ORDER PO Number Page 9142291 1of3 This number must appear on all invoices, packing sli s and labels. Date: 04/24/2014 Vendor: 114178 Ship To: MIS DELL MARKETING LP CITY OF FORT COLLINS ONE DELL WAY 215 N MASON, 3RD FLOOR MS: RR1-35 FORT COLLINS CO 80524-4408 ROUND ROCK TX 78682 Delivery Date: 04/23/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase 20511YYY30MNVSCA Line Description Quantity Ordered UOM Unit Price Extended Price E/Monitor CRT Monitor Stand 1 LOT EA 2,238.00 quantity (40) ref. quote # 675542888 dated 2/14/14 per Rick Domalski - (40) E/monitor CRT Monitor Stand (330-0875) - $55.95 each z Logitech Keyboard K120 1 LOT EA 596.16 quantity (54) ref. quote # 675542941 dated 2/14/14 per Rick Domalski - (54) Logitech keyboard K120 (A3732831) - $11.04 each 3 Dell MS111 USB Optical Mouse 1 LOT EA - 669.50 quantity (50) ref. quote # 675542997 dated 2/14/14 per Rick Domalski 450) Dell MS111 USB Optical 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 Collins PURCHASE ORDER PO Number Page 9142291 2013 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Mouse (330-9456) - $13.39 each 4 Tripplite 6-0utlet TLP6066 Surge Suppressor qty (200) ref. quote # 675543041 dated 2/14/14 per Rick Domalski - (200) Tripplite 6-Outlet TLP606B Power It Surge Suppressor with 6ft cord (A1305051) - $9.89 each Dept. IT contact: Michelle Carr ph# 970-221-6523 •' Please call 24 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 1 LOT EA 1,978.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from safe and local mace. Ow Exemption Number is 11. NONWAIVER. 98-0 502. Federal Exam Tax Exemption Certificate of Reggio, 84-600058I ex registered with the Collector of Failure of the Particular to insist upon stnet performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stomata 1973, Chapter 39-26, 114 (a). eaemiee any rights or remedies provided herein or by law, failure to promptly nofify do, Seller in the event of a breach, the acceptance ofo, payment for goods hereunder or approved ofthe deign, shall not release the Seller of Goods RcjmtM. GOODS REIECIED due to failure to meet spccifietrimrs, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are nor to be replaced except upon receipt of winner pu didea to insist upon Santa performance hereof or any of,,v rights or remedies n to any such goods, regardless imvuaions from the City of ran Collims of when shipped, received or wedged, as to any prior or subsequent default hereunder, we shall any purposed oral modification or rescission of this purchase order by the Pr ctial operate as a waiver of any Of the temp 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. a our-md payment on the pan of the City of pod Collins. However, it is to be understood 1bid FINAL Seller and the Purchaser recognize that in moral coc practice. o ercharges resulting fair, antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Ihemafum,for good rouse and as considemand for execnhng this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms, Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Fort Collin, CO 80522, unless acquired under federal or state antitrust lows fur 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 or acquired by the Purchaser paramour to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Discena. Whav manufacturers have distributing points in various parts of the andin , shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agred upon by the expend farm the neared distribution in, to destingion, and excess freight will be deducted from Invoice whoa Purchaser and the Seller, and the Seller thereafter indicates its imaulity or wrwillowdecs to comply, the Purchaser shipments are made from Bremer dismnre. may cause the work a be performed by the most expeditious menses available m it, and the Seller shall pay ill costs assanad with such work. Permits. Seller shall procure at sellers sole can all necessary permits, arrifates and liremes required by all applicable laps, regulation, ordinances and roles of the state, municipality, enimry or political subdivision wheat the work is performed, or firta d by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees m hold the City of Fan Collin harmless farm ad against all liability and loss aaderred by them by reason ofer several or established violation of any such laws, regulations, o firmares, rates mretrvireasub. Authorization. All pmi,, m this coo raa agree that the representatives ore, in faa, bona fide and possess full and omplem authority to bind said parties. LIMI I'Al [ON OF TERMS. This Purchase Order expressly limas acceptance to the terms and conditions stated herein sat forth and any supplementary or additional mmis and conditions annexed hereto or incorporated herein by reference. Any additional ar different terms and conditions proposed by seller are objected to and hereby related. L DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou manol make complete shipment to anlve on your promised delivery date as noted. Time is ofthe essence. Delivery and Performance most be eRecfed within the time stated on the purchase order and the dommmr amchd hereo. No acts of the Purchasers including, without limimtion, nccepmntt of partial late ddivcna, shall operate as a waiver of this provision In the even ofany delay, the Purchaser shall have, in addition to other Road and equitable rcmdics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result o'delays due to cones not reasonably foreseeable which arc beyond its reasonable mutual and without its fault ofndgligdnces such ace o'Gd, acts ofeivil or military authontics, governmental priorities, fore,, strikes, flood, epidemics, wars ar mots provided that notice ofthe conditions causing such delay is given to the Parent within five (5) days of the time when the Seller fro received knowledge thereof. In the event of any such delay, the dare of delivery shall be extended for the pedad equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller wammts that all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other description given, will be fit foe the purposes uncoiled, and performed with the highest degree of cure 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 of warranty. The Seller shall replace, repair or make good, without cost o the purchaser, any defers or faults wising within one (1) year or within such longer peril of time as may be preverbal by law, or by the terms of any applicable warranty provided by the Seller other the date of acceptance of the goods ficuldidual hereunder (acceptance not to be occasionally delayed), resulting from imperfect or defective work done in rommals famished by the Seller. Acceptance or sew of goads by the Purchaser shall rim onrimm a waiver ofany claim under this warranty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend fo all damages proximately caused by the breach ofany of the fine wing x'mranti. or guam ums, but such liability shall in no event include loss of profits m loss ofee. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Furtherer may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mars, including addition to or deletions from the quantities originally ordered in the spedfialmis or drawings, by verbal or written change order. If any such chin, nflat, the ninon, due or the fine of Pefrmuna Inuo nder, na equitable adjustment shall be rime. 6. TERMINATIONS. 'Ile Purchaser my at any time by written change cover, laminate this agreement as to any or all pnnions of the gods then not shipped, subject to any equitable adjustment belweer 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 mime goods andor work, for incidental a consdqueatial damages, and that no such adjustment be made in favor of the Sella with respect to any good which we the Sellers standard stock. No such lamination shall relieve the Purehaxr or the Seller of any of theb obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUST SENT. Any claim for adjustment most W asserted within thirty (30) days from the data the change in tarrinition is ordered 8. COMPLIANCE WITH LAW. The Seller warrants fat all goods sold herewder shall Save been produced, sold, delivered and famished in since compliance widh all applicable laws and regulations m which the floods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this revorme. The Seller agrees to indemnify and hold the Purchaser harmless fium al I costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, w any monies due or Ins become due hereunder without he prior wmmun comment ofthe other pony. 10. TITLE The Seller amanm full, clear and unesombal tide m the Purchaser for all equipment, materials, and in. fumishd in perfomunce of this agreement, lice and clear of any all all has. resmchrom miammo e, security interest cncnnb,ances and claims ofothda The Seller shall releae the Purchaser and its maintains of my tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fall of negligence of the pain released and shall euend to the directors. officers and employees i fsuch party. The Selleh mourvetual obligations, including wammy, shall not be deemed to be calmed, in any wry, because etch work is performed w caused in be Owifrwr ed by the Purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by later, paten, trademark r copyright, the Seller shall indemnify and save homtlas the Purchaser from any and all claims for infringement by reran of the use of such patented design, device, material or powers in connection with the contract, and shall indemnify the Purchaser fro any east, expense or damage which it may be obliged to Oay by reason of such infringement at any time during the procreation or after the completion of the work. In caw said equipment, or any pan thereof or the intended use of the good, is in such suit held in constime infringement and the use of said equipmenr o, pan is enjoined, the Seller shall, at its own expense and at its option, either prrcrre for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially equal but noninfnnging e<luipmem, or modify it so it becomes nown(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for tbd benefit of creditors, appoint a rectiver or tmaee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interyremfien of the agreement and the rights of all ponies hereunder shall be consumed under and governed by the laws ofthe Sum of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), an the premises credited. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own disk One the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's frill completion and acceptamq complete the work at Seller's own expense and to the satisfaction of the Ptuvhaser. When mafedals and equipment sm fu hd by others for installation or erection by the Seller, the Sella shall receive, talked, state all handle same to the site and become responsible therefor as though such motmals adlor equipment were being Confined by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofwarkers compensation, including recreational disease benefits, to its employees employed on or in connection with the work covered by this parchmv over, andror to their dependents in accordance with the laws of the send in which the work is to be done. Ile Seller shall also carry comprehensive gmeml liability including, but no, limited an, contmdual and oummobile Public liability insurance with bdily injury and death limits of at lent $300,000 for any one person, $500,000 for any accident and property dam ild limit per accident of S400,000. The Sell,, shall likewise require his contractors, if any, to provide for such compensation and insurance, Before any ofthe Sellers or his contractors employees shall do any work upon the premises crof co. the Seller shall famish lie Purchase with a artificute that such compensation and insurance have been provided. Such certificate, 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 be maintained until niter the more work is completed all accepted. 19. PROTE(THOH AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind sere whatsoever to parsons or property caused by or reaping from the execution of the work provided fo, in this pmchne order or in connection herewith. The Seller will indemnify and hold harmless the Nmr rand any r all of the Purolmaers officers, agens and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether W persons or property to which the Purchaser may Far put or subject by reason of my act, action, neglect, omission or default an the pan of the Seller, any of his ontactom. or any of the Sellers or contractors officers. agents or employee,. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, alien. or employees at any time on account or by ardson of any act, adon, neglect, omission or default Of the Seller of my of his contractors or any of its or their dicers, agar or employees as aforesaid the Seller hereby agrees in assume the defense thereof and to defend be sand al lie Sellers own expense, m pay any and all costs, Charges, anoraey, fee aad other extremes, any and all judgments that may be incurred by or obtained against the Purchase Or any Of its Or their officers, agents or employees in such suits or other proceedings, and in ma, judgment err other lien be placed upon or obained against the property 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 band or otherwise. The Seller and his contmcmrs shall take all safety preceutiom, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safer, including, but without limitation, the Occupational Safety and Health Act of 1970 and at I rates and regulations Toad national thereto. Revised 032010