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HomeMy WebLinkAbout486564 SAP PUBLIC SERVICES INC - PURCHASE ORDER - 9142604Fort Collins PURCHASE ORDER PO Number I Page 9142604 1 of 3 This number must appear on all invoices, packing slips and labels. Date: 05/09/2014 Vendor: 486564 Ship To: MIS SAP PUBLIC SERVICES INC CITY OF FORT COLLINS THE RONALD REAGAN BLDG 215 N MASON, 3RD FLOOR 1300 PENNSYLVANIA AVE NW FORT COLLINS CO 80524-4408 WASHINGTON DC 20004-3012 Delivery Date: 05/08/2014 Buyer: DAVID CAREY Note: Line Description Quantity Ordered UOM Unit Price Extended Price SAP Maint & Support Renewal 1 LOT LS 17,112.50 Crystal Reports, Ref#220364974 Term: 6/27/14-6/26/15 Per Notification Id (Reference): 220364974, dated 04/04/2014 Customer No. 7248968 Payment Terms: Net 30 Days Qty.Software Name 20 BOBJ Edge Standard Edition NU NU 1 Crystal Xcelsius Designer Named User 1 BOBJ Edge Standard Edition 20 CAL 20 CAL 40 Crystal Report 2008 1 SAP BusObj Xcelsius Enterprise Contact: Michelle Carr, 970-221-6523 2 SAP Maint & Support Renewal Crystal Reports, Ref#220364776 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 i��il�llt•` 2,267.48 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142604 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Term: 6/27/14-6/26/ 15 Per Notification Id (Reference): 220364776, dated 04/04/2014 Customer No. 10057726 Payment Terms: Net 30 Days Qty.Software Name 20 Crystal Reports 2008 4 SAP BusObj Xcelsius Enterprise Contact: Michelle Carr. 970-221-6523 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.mm Total $19,379.98 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 [��•n+�ri errx�rrr.�+t[trrlx� Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04503. Federal Excise To. Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in mamit, may be resumed to you for credit and am act to b, replaced except upon receipt of written instructions from the City of Fort Collins. Impection. GOODS are subject to the City of Fort Collins inspection on aMval. 11. NONWAIVER. Failure of the Purchaser to imist upon strict performance of the terms and conditions hereof, failure or delay to exercisany rights or remdie es provided herein or by law, failure tc promptly notify the Seller in the event of a breach,tthe acceptance ofor payment for goods hercuMn or approval ofthe design, shall not release the Seller of any of the wor in ies or obligations of this purchase order and shall act be deemed a waiver of shy right of the purchaser to imist upon strict performance hereof or any of its rights or remedies az to any such good, regardless of when shipped, received or accepted, m to any prior of subsequent default hereunder, or shall my purported oral modification or rescission of this purchase order by the Purchaser cPeate as a waiver of any of the mrns hereof. Final Acceptance. Receipt of the merchandise, sat or equipment in response ro dus Oder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pon of the City of Tom Collins. However, it is to he understood that FINAL Seller and the Purchaser recognim that in actual ec is practice, overcharges resulting form imluust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theremfore, for ugood cause road as consideration for executing this purchase order, the Seller hereby msaigns to the Producer any and all claims it may new have or hereafter Freight Tenth. Shipments must be TOM, City of port Collins, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othauiu specified on Nis oNer. If permission is given m prepay freight card charge sepmamly, the original freight purchased or acquired by the Purehmer pubmanuo this purchase oxi bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Mere manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nnncmnforming or detective good by a date to b, agreed upon by the expected Tom the nearest distribution point m destination, and excess freight will be, deducted from Invoice when purchaser and the Seller, and the Seller flhereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. remains. Seller shall procure at sellers sole cost all necessary permit, ceulficams and licenses rryuired 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 vends. Seller fortis, agrees to hold the City of Fair Collins harmless fmm and against all liability and loss mcnred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, rules and requirements. Authorization. All ponies to this contract ogres tent due representatives are, in fuel. been fide and possess fun and complete amltomy la bind sadd parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or director terns and et ndimions proposed by seller are objected to and hereby r jected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou mono, make complete shipment no curve oa your promised delivery dam as acted. Time is of the cu'ence. Delivery and Performance must be effected within the rime stated on the purchase order and the documents attached hereto. No act of the Purchases including without limitation, acceptance of pnnial late deliveries, shall opera. as a waive, of this provision. In the event of any delay, the Purchase, shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes net reassembly foreseeable which arc beyond its reasonable coolant and without its fault of negligence, such acts of God, act of eivil or military authorities, governmental prionties, fires, strikes, flood, epidemics, wars or riot provided that notice of the condition causing such delay is given m the purchaser within fve (5) days of the time when the Seller fro received knowledge thereof. In the event of any such delay, the date of delivery shall be, extended far the Pen W agml to the time mentally air by reason of the delay. 3. WARRANTY. The Seller warrants thy, all goorB, articles, materials and work covered by this We, will to. with applicable drawings, specifications, samples andror other descriptions given, will be fit far the proposes amended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a hmilar nature. The Seller agrees to hoed the purchaser harmless from any loss, damage or expense which the Pushmer may suRer or incur on account of the Sellers breach ofwaranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of dare as may he prescribed by law or by the terms of any applicable warranty provided by tee Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting fmm ImPerf t or defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchaser shall not consulate a waiver of any claim under this warmmy. Except is otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximamly caused by the breach of any of the foregoing warmmies or guarantees, but such liability shall in no event include Ins of profits or lass of me. NO IMPLIED WARRANTY OR MERCI IANTABI Lin OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL I ERMS. The pamhaser may make any charges to the terms, other than legal tens, including additions to or deletions from the quantities originally ordered In the specifications or drawings, by verbal or women change order. If any such change effect the amount due or the Bane of perf anumbe hereunder, an equitable edjostrout shall be made. 6. TERMINATIONS. The Purchaser may al any lime by wrumn change order, Nominate this on cement as m any or all portions of the good then not shipped, subject to any equitable mljustment berween the ponies as to any .,it or mammals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncomplded portion ofthe goods under work, far incidental or consequential damages, and that no such adjustment be made in fate, lithe Seller with respect to any goods which are the Sellers standard stock. No such tenination shall reline the Purchaser or the Seiler urany of their obligations m many amd delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days from the clue the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produred, sold, delivered and Sustained in strict compliance with all applicable laws and regulations to which the goods ere subject The Sella shall execute and deliver such documents as may be required W effect or evidence compliance. All laws and regulations acquired to h incorporated in agreement of this character art hereby incorporated herein by this reference. The Sella agrees to indemnity and held the Pumbmer hanless from all casts vfd damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convry this order, or any monies due or as become due hereunder wihou, the poor woven comrnt ofthe other parry. 10, TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liem, restneuom, reservations, senuity interest encumbrances and claims of others. The Seller shall release the Purchaser end its contractors of any tier Tom all liability and claims of any mmm resulting Gum the pert rmmtce of such work. This release shall apply even in the every of fault of negligence of the piny released and shall extend 1. the directors, officers and employees ofsuch party. The Seller's cermacmal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Scncr is required to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indco nify and save harmless the Purchaser from any and all claims for infringement by reason of the use .1 such premed design, device, material or process in connection with the contract, and shall indemnify the Purchaser 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 after the completion of the work. In case said equipment, or any pun thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at i6 option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging, 15. INSOLVENCY. If the Seller shall become insolvent or baalompm, make an assignment for the benefit of creditors, appoint a remoll or trmme far any of the Sellers property o, business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and she rights ofall parties heaearmder shall be constmcd under and gevmuul by the Is" of the Same ofCol.d., USA. The following Additional Conditions apply only in cases where the Seller is in Perform work hereunder, including the services of Sellers Rcpresentative(s), on the product ofothers- 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed end accepted, and shall, to ale of any rabbitry, destruction or injury to the work and/or materiak before Seriels fival rompiano. and aceepance, complem the work at Selle/s own expense and to the satisfaction of the Purchaser. When move nak end equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such marmot andor equipment were being famished by the Seller under the oNer. 18. INSURANCE. The Sella shall, nt his own expense, provide for he payment of workers compensation, including occupational disease benents, 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 is to be done. The Seller shall also cony comprchotive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lest $300,000 for any one person, $500,000 for any one occident and pmpeny dam age limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide lbr such compensation and insurance. Before any of the Sellers or his commcmm employees shall do any work upon the premises of others, the Seller shall furnish the Purchase, with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation andinsurainevexpires, The Seller ogres that such compensation and insurance shall be maintained one after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mePensibiliry and liability for any and all damage, less or injury army kind or nature whatever to paeans or property caused by or resulting from the execution ofthe work provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any r all of the Purchasers officers, agent road employees fmm and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmPe,ry to which the Purchaer may be put or subject by reason of any act, action, neglect, omission or default on the Ilan of the Sella, any of his rnntradors, or any of the Sellers or commemrs aRcers, agents or employees. In rase any suit or other proceedings shall his, brought against the Purchase, or its officers, agents or employees at any time oa account or by reawn of any act aches., neglecl, omission or default of the Sella of any of his couvaaors or any of its se their i icm, agents or employees as aforesaid, the Seller herebv agrees to sssume the dcfeme thereof mad to defend the same at the Sellers own expense, to coy any and all costs, changes, Amounts fees and other expenses, any and all judgment Wt may he incurred by or obtained against tee Purchases or any of its or their officers, agents or employees in such suits or other proceedings, and in ram judgment car other lim W placed upon or obtained appear the property, of the Purchaser, or said ponies in or as a result ofmch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving head or otherwise. The Seller card his contractors shall take all safety precautions, famish and install all guard taco= ,ry for the prevention of accidents, comply with all laws and regulations with regard in safety including, buy without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010