HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9142886Fort Collins
Date: 05/21/2014
Vendor: 165027
C D W GOVERNMENT INC
230 N MILWAUKEE AVE
VERNON HILLS IL 60061
PURCHASE ORDER
PO Number Page
9142886 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POLICE DEPARTMENT
POLICE SERVICES
2221 SOUTH TIMBERLINE ROAD
FORT COLLINS CO 80525
Delivery Date: 05/20/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Microsoft Deployment Toolkit
2013 LiteTouch Project per SOW
1 LOT LS
for Panasonic Toughbook deployment. Per CDW-G Quote# FGDX979 dated 4/22/14 and Panasonic IT
Consulting Services Statement of Work (SOW)
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
29,840.00
Total $29,840.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is cxcormfarm stale and local taxes. Our Exemption Numbcris
11. NONWAIVER.
98 04502. 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 Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39Q6, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the accepnmtt .1 or payment for grids hereunder or approval ofthe design, shall not elese the Seller of
Goods Rejected. GOODS RDECFED due to failure or meet start ficatm s, either when shipped or due Ir defds of
any of the wananlies or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in nansit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon stria performance hate for any of its rights or remedies as to any such goads, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the menu
Inspection GOODS are subject to the City of Fos Collins inspection on moral.
hereof.
Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of ForcCollins. 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 of all applicableratired inspection procedures.
violations am in fact home by the Purchase,Theretofore,�for good cause and ex consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight from. Shipments must be F.O.IL, City of Fort Collins, 700 Wood St, Fair Collins, CO 80522, unless
acquired under fedeml or suite mdurair Dws for such overcharges relating to me orthicular grads or services
offer avoc specified an this order. If permission is given to prepay freight and charge aepammly, the original freight
purchased or national by the Purchaser morsmatto this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nunufturers have distributing points in various pairs of the country, shipment is
If the Purchaser dimct the Seller to commit nonconforming or defettive goods by a dart to be agreed upon by the
expected from the commit distribution paint to destitution, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwillingness to comply. the Purchaser
shipments are made from greater distance,
may caum the work m be performed by the most expeditious means available to it, and the Seller shall pay all
cows msocinted with such work.
Permits. Seller shall procure at sellers sole over all necessary permits, cesificams and licecn required by all
applicable laws, regulations, ordinances and roles of ffe same, municipality, feomry or political subdivision where
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims of any nature
the work is performed or rryuired by any other duly constituted public authority hot ing jurisdiction over the work
numbing from the performance ofsuch work.
of vendor, Seller Coact agrees to hold the City of Fos Collins hmmless Wm and against all liability and loss
incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, roles
This release shall apply even in the event of fault of negligence of the party mlemed and shall extend in the
and requirement
directors, of tears and employers ofsuch puffy.
Aufferlmtlon. Ali parties to this contract agree that the mpresenmtives art, in fact, from fide and possess full am
The Sellels contractual obligation¢, including warranty, shall not be deemed to be reduced, in any way, because
ampler authority m bind said parties
such work is performed or caused Io be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lean and conditions stated
herein set forth and any supplementary or additional terms and Celebrators annexed hemp or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment or since on your
promised delivery date as noted. Time is of me custom. Delivery and pcommu me run be effected within Ile time
surd on the purthme order and the document attached herelo. No we, of the Purchasers including, without
commum, mapmnce of panial late deliveries, shall operate res a waiver of miff provision. In the event ofany delay,
me Punbaser shall have, in addition to offer legal and equnable remalia, the option of plating his choler elsewhere
.it holding the Seller liable for damage. However, the Seller shall nor be liable for dartur a c a cards of delays
due to causes rant reasonably foreseeable which are bryoN it reasonable control and wifoul u$ fault of negligence,
such act of God, act niftiest or military authorities, govetnmi n d priorities, fires, strikes, Bond, ryidemi.. wars he
no¢ provided mat notice of the conditions causing such delay is given to the Purehaear as iffin rive (5) Jays of the
time xhim me Sella first reversed kn rwdedge memmf. In me event of any such delay, the Jane of delivery shall be
extended for the period equal to the time actually lost by neon arse delay.
3. WARRANTY.
The Sella warrants mar all goods, articles, materials end work several by this order x'ill art frm with applicable
drawings, specifications, samples and/or ofer, decnptiuc given, will be, fit fat the purposes imendcd, had
Performed with me highest degree of tare and conference in accordance with mcepred standards for work of a
similar nature. The Seller agrees w Imid me purchaser harmless from any loss, damage or expanse which the
purchaser may sufltr or incur on account of the Sellers breach of wananry. The Seller shall replace, repairer make
Social, without cast to the purchaser, any defects or fault miming within one (1) your or within such longer periol of
time as may be prewnbN by law or by me or. of my applicable warranty provided by the Sella offer the dam of
acceptance of the gawks furnished hereunder (arceptinec not to be unreasonably delayedl, resulting from imperfect
or defective work done or andiat famished by me Sella. Acceptance or rue of goods by the Purchaser shall sum
mttimm a waiver of my claim unda this warranty. Except as otherwise provided in this purchase order, The Sellers
liability h corroder shall exact to all damages proximately caused by the breach of my of the foregoing w'canmin
or goamaun, but such liability shall in no event include loss of profit or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make ch nges to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purcha r may make any changes m the terms, other than legal ream, including add'oin— to or deletion firm
the quantities ongimlly ordered in me specifications or draw r , by verbal or wmien change order. If any such
change affect me amount due or the time of Performance beremder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by "Ifm change order, lemonade his agreement as to any or all portion of me
Shoals then not shipped, subject many equitable adjustment between the dairies as to any work or materials then in
progress provided mat the Purchaser shall not be liable for my claim for anticipated profits on the uncomplded
pairtion of the goods and/or work, for incidental or thaver,tormial damages and that no such adjustment be made in
fsmrof the Seller with respect to any goods which ate ffe Sellers standard stack. No such mmimtion shall relieve
the Purchaser or me Seller ofany of their obligations as to any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assorted within Harry (30) days from the date me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella woman mar all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such document as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Punbcer bannles, from all cost and 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 convey this order, or any monies due or to become due hereunder without the
prior written semen, of me other parry.
10. TITLE.
The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, mammals, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims afothers.
14. PATENTS.
Whenever the Seller is required to use any deign, device, material or process covered by loner, patent, Imdemmk
or copyright, the Seller shall indemnify add save handers fe Purchaser from any and all claims for infringement
by reason of the use of smh pointed design, device, material or process in connection with the contract, and
shall indemnify the Purehaser for any, sesl, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or afrr the completion of me work. In cue said equipment, or
any Part thereof or the brocaded use of me Saudis, is in such suit held to acentric Infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replant the same w'iff substantially equal but
nonlnGnging equipmenl, or, modify it w it bmamn t aninGnging.
15, INSOLVENCY.
If me Seller shall become ivabem m bankrupt, make an assignment for the benefit of creditors, appoint a
receiver art .are for any of the Sellers property in business, this miler may fmmwils be couseled by the
Producer without liability.
16. GOVERNING LAW.
The defnitioc ofrancs used or the interpretation ofmm agreement and the Hight of all parties hereuota shall be
construed under am goremcd by the lax, ofthe Suite of Coloado, USA.
The following Additional Conditions apply only in aces where me Salle is as perform work hereunder,
including the services ofSellen Repreeenamive(s), on the premises ofothem.
I). SELLERS RESPONSIBILITY.
The Seller shall cant' on said work in Sellels own risk until the same is fully completed and accepted, ad shall,
in case of any accident, destruction or injury to the work andbm materials before Sellels Gael completion and
acceptance, complete the work at Sellers own expense and to me satisfaction of the Purchaser. When mlenals
and traditional arc famished by others for installation or creation by me Selo, the Seller shall receive unload,
stare and handle same at me site sent become responsible member c though such mmenats stupor equipment
were being furnished by the Seller under the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide for flue, payment of workers consternation, including occupational
disease histories, to its employees employed on or in connection with the work covered by this purchase order,
harbor to their dependent in accordance with the laws of the some in which me work is to be done. The Seller
shall also carry comprebemive gmeml liability including. but not limited to, contmcmal and automobile public
liability mourrosm, with bodily injury and death limits of at lest 5300,000 for any one person, $500,000 for any
one saidem anal proper, damage limit per accident of S404000. The Seller shall likewise require his
concruclors. if any, to provide lbr such compensation and commerce. Before any of the Sellers or his contractors
employees shall do my work upon the premises of others, the Salle shall fumisb the Purchaser with a aniGcote
that such compensation and insurance have been provided Such cenificaes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and inarm nce expires. The Seller agrees that such compecation and imumnic shall be mainuined until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby awumes the main respnmibiliry and liability for my and all damage, lass or injury ofany kind
or nature whatsoever to persons or progeny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. the Sella will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expnues, whether direct or indirect, and whether to person or property to which the Pumhaur may
be put or subject by brown of any rat, action, signal, omission or defaull on the pm of the Seller, any of his
onlmctons, of any of the Sellers or contractors officers, agent or employsms. In case any suit or other
proceedings shall be brought agnimuhe Purchaser, or its officers, agents or employees at any rime on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agent or eamplayecs as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Seller own expense, to pay any and all costs, charges, aeor eys fees and other expenses,
any and all judgment that may be incurred by or obtained against the Purchaer or any of its m their officers,
agent or employees in such suits or other pmceedinga, and in case judgment or other lien be placed upon or
obtained against the property of he Purchaser, or said parties in or as a result of mch suit 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 commcmrs shall take all safely precautooa, famish and third] all guards necnsery for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without houladon, the
Occupational Safety and Ilnhh Act of 1970 and all roles and regulations issued pursuant therein.
Revised 03l010