HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142962Fort Collins
PURCHASE ORDER
PO Number Page
9142962 1of2
This number must appear
on all invoices, packing
sli s and labels.
Date: 05/27/2014
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: 05/27/2014
Buyer:
DAVID CAREY
Note:
Line Description Quantity
Ordered
UOM Unit Price
Extended
Price
DELL E-QUOTE#1017768493259 1 LOT
LS
19,946.20
for RMS/CAD POLICE SYSTEMS
Dell OptiPlex 7010 Desktop PC's and 22" Monitors.
Quantities:
Nineteen (19) Dell OptiPlex 7010 @ $884.81 each as configured.
Nineteen (19) Dell 22" Monitors @ $164.99 each.
Both per Dell E-Quote# 1017768493259 dated 05/22/14
Pricing per WISCA Agreement# 20511YYY30M/WSCA.
City Contacts: Michelle Carr/Mary Moore
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
Total
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. COMMERCIALDETAILS.
Tan exemptions. By statute the City of Fort Collins is exempt firm sonic used local taxes. Our Exemption Number is 11. NON WAIVER.
98 04502. Federal Excise Tax Exemption Cediftcam of Registry S4-6000587 is Misheard with the Collator of Failure of the Purchaser W insist upon sme, perforri as of the terns aM conditions hetmf, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised graphics 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify thc Seller in the event of a
breach, the acceptance of or payment for goods hereunder or apprmal of the design, shall not Meese the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hermfor any of is rights or remedies m to any such goods, ongoing.
instructions from the City or Too Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral much fiction or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Port Collins inspection on amval. hereaf.
Final Acceptance. Receipt of the merchandise, seor equipment in reepnsNT .e to this order can result in 12.ASSIGNMEOF ANTITRUSI' CLAIMS,
authorised payment on the part of the City of FCu Collins. However, it is an be understood Nat FINAL Seller and the Purchaser recognize that in ..I economic practice, c m eharges moullm, from antitrust
ACCEPTANCE is depeadent u coo rempletion of all applicable requbal inspection procedures. violations are in fact home by the Purthaser. Theretofore, fogood cause and as Consideration for executing this
pureese order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 200 Wood St., Fort Collins, CO 80522, unless .acquired under feeml or state antitrust laws for such overcharges relating to Nc particular good or service,
otherwise specified on this order. Irpermission is given to papery freight and change separately, the original freight purchased or acquiend by the Purchaser pursuant to this purchase Color.
bit must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Men, manufacturers have distributing points in various pads of the Country, shipment is
eapecmd from the nearest distribution print in destination, and excess freight will be deducted from Invoice when
shipments are made from greater dtsmnce.
Perris. Seller shall pmeat sellers solo cast all necessary Permit, CeF if ates and licenses required by all
applicable laws, regulators, ordinances and rules efthewre. municipality, territory or pahlical subdivision where
the work is performed, or required by any other duly constituted public authority havingjurisdiclirn aver the work
of vend.,. Seller further agrees to hold the City Cf Fort Collins harness from and again, all liability and loss
incurred by them by reason of an recorded or established violation of any such laws, regulations, ordinances, mles
and requirements.
Auth.rimtion. All Panes m this Control agree that the rep sewmatives are, in fact, bow fide and possess full and
complete authority to bind said parries.
LIMDA1]ON Of TERMS. This Purchase Order expressly limits acceptance to the terms and conditions statM
herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected I. and hereby rejected.
2 DELIVERY.
PLEASE ADVISE PURCHASING AGGNI' immemerely if you cannol make complete shipment m at on your
promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time
stared on the purchase order and the doeacha s attached hereto. No ass of the Purchasers including, without
limitimen, acceptance of psrial We deliveries, shall oFemm m a waiver of this provision. In the even of any delay,
the Purchaser shall hue, incantation to other legal and equimble remedies. the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall ran be liable for damages as a math of delays
due to causes not reasonably foreseeable which are beyond is ressmuble control and without is fault ofnegligence.
such acre of God, acts ofavil or miliary authandes. goremmrnml priorities, fires, stakes. flood, epidemic, wars or
fiats provided dust notice of the conditions casing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received kmwledge thereof. In fie even of any such delay, the dam of delivery am[] be
extruded for the perind equal m she time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, mccificali.ns samples and/or other descriptions given, will be f, for the pumas,, ipleaded, and
perfommd with the highest degree of care and competence in accordance with accepted standards for work or a
imilm nm oo The Seller agrees to hold the purchaser hsmless from any loss, damage or expense which the
Purchaser may sulfa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or nuke
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
tine m may be presented by law or by the corms of any applicable waranly provided by the Seller aRer the date of
acceptance of don good f ishN hereunder (mceptance net 1. be ...My delayed), resulting from together,
or defective work done or materials famished by dre Seller. Accepance or use of goad by the Purchsser still not
constitute a waiver of any claim under this warmry. Excep, m otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no even include loss ofprofits or loss of use. NO IMPLIED WARRAW Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI FANG ES IN LEGAL TERMS.
The Purchaser may make changes to legal demos by written change order.
5. CHANGES M COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal temp, including additions to or deletions from
the qumnnies originally ordered in the specification, or drawing, by entail or written change order. If any such
Chang affects the amount due or the time of performance hereunder, an equitable adj®tmem shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change under, mrmioate this agreement as many or all portions of the
goods then not shipped, subject to any equitable adjurment between she panics as to any work or materials then in
progress provided that the Parehmer shall nor he liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or wok, for incidental or consequential damages, and that no such adjm,mrnt be made in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such mmriration shall relieve
the Purchaser or the Seller ofanyof their obligations as b any goods delivered hereunder.
]. CLAIMS FOR ADJUSTM EN 1.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE N9TH LAW.
The Seller warrants thm all goods sold hereunder shall have been produced, sold, delivered and boosted in stint
compliance with all applicable laws and regulations to which the good are subject. The Seller shall enmte and
deliver such documents an may be Captured he effect or evidence amplunce. All laws and regulations squired so b,
ncoap.mted in agreements of this character are hereby incorporated herein by this refinance. The Seller agrees to
indemnify and hold she Purchsser harmless from all rose, and damages suHertd by the Purchaser as a result of the
Sellers failure in Comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the
prior wnucn consent of rate other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in Performance of this agreement, fro and clear of my and all criers, restrictions maervatiom, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella m correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may c:n se the work t. be performed by the most expeditious means mailable to it, and the Seller shall pay all
chats associated with such wok.
The Seller still release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance.fmch work.
This release still apply even in the event of fault of negligenee of the Forty released mod shall extend to the
directors, officers and employmn ofsuch parry.
The Sc0ces contractual obligations. including warranty, shall rot be deemed to he reduced, in any way, because
such work is performed or roused W be performeJ by the P.mh..
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hnmiless the Purchaser from my and all claims for infringement
by reason of the me of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any ant, expense or damage which it may be obliged to pay by reason of such
infringement at any lime during the prmeculip. or after the completion of the work. In case said cruipmenl, or
any pan thereof or he intended use of the good , is in such suit held to constitute infringement and the use of
said xhipmem or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser she right in continue using said equipment or pans, replace the same with substantially equal but
noninfringing ryuipment, or modify it an it becomes ooninfrom ing.
15. INSOLVENCY_
If the Seller shall became insolvent or bankrupt, make an assigmnent for the benefit of creditors, appoint a
hereiner or trustee for any of the Sellers property or business, this order may forthwith be Canceled by the
Purchaser riflum liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall h
consumed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hemundea
ncluding the services of Sellees Repmsenmti,es s), on the premises of others.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work m Seller's own risk .,it the same is fully complied and accepted, and still,
to case of my acadent, deawiion or injury to the work ands., mmmak before Sellees Co.[ completion and
ascepance, complete arc work at settees own expense and to the satisfaction of the Purchaser. When materials
and equipment are ftuvkhed by others for insmllmm. or Creech. by the Selleq the Seller shall receive, unload,
store and handle same ar the site and become rspeosible therefor as th ..h such materials andlor egpipmem
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expmsq provide for the payment of waders Compensation, including occupational
disease benefits, to its employees employed on or in connection with the work Covered by this purchase order,
andlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall am carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of A liver S3 W.W0 for any one person, S500.000 for any
one accident and property damage limit per arecidem of S4W."0 The Seller shall likewise raryire his
rectors, Frank. to provide for such compewtion and insurance. Before any of the Sellers or his commetors
employees shall do any work upon the p rmisa of other. the Seller shall famish the Purchaser with a renifiare
thr such compensation and insurance have been provided. Such cartifirasev shall specify the date when such
e9mgen5alum and imurence have been provided. Such Certificates shall specify the dam when such Compersition
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofany kind
or metre whimoever to persons or property caused by or resulting from the execution of the work provided for 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, agents and employees firm and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmpeny an which the Purchaer may
Ise put or subject by reason of my or, action, neglect, omission or default on the such of the Seller, any of his
contractors, or any of the Sellers or comractors officers, agents or employees. In Case any suit or other
proceedings shall he brought against the Purehmer, or its officers, agens or employees at any time on around or
by reason of my act. carrion, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees per aforesaid, the Seller hereby agrees to assume the def thereof and to
defend the same at the Sellers own expense, to pay any said all costs, charges, attorneys fees and other enpetses
any and all judgments that may be incurred by or oblaioed against the Purhaser or any of is or then officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties 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 bond or otherwise. The Seller and
his Contractors shall take all safety precoutiom, famish and install all guard necessary for the Ine"pion of
accidents, comply with all laws and regulations with regard to safety including, but without limichroq the
Occupational Safety and Hahh Act of 1970 and all rules and regulations issued pursunnuhere .
Revised 032010