HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9143113PO
PURCHASE ORDER 914311 Number Page
C117/ of PURCHASE
9143113 ' of z
F6r} Collins This number must appear
1��—J`'' ` on all invoices, packing
sli s and labels.
Date: 06/04/2014
Vendor: 109184
Ship To:
MIS
LEWAN & ASSOCIATES
CITY OF FORT COLLINS
1608 S COLLEGE AVE
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80525-1007
FORT COLLINS CO 80524-4408
Delivery Date: 06/04/2014
Buyer:
DAVID CAREY
Note: VMWARE LICENSE RENEWAL AND TECHNICAL SUPPORT.
PER QUOTATION #72783 DATED MAY 28, 2014 FROM CINDY JACQUOT
TO JOHN HUSTED.
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 VMware vSphere Enterprise Plus
1 LOT
LS
14,244.00
Qty (6)
2 Technical Support
1 LOT
LS
5,244.00
Qty (6)
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 $19,488.00
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. COMMERCIALDETAIIS.
Tax exemptions. By moan the City of Fort Collins is exempt f state and local loxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmificae of Registry 84-6000587 is ocasmand with the Collector of
Internal Revenue, Deaver, Colorado Her Colorado Revised Smmta 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet since,ficmions, rather when shipped or due to defects of
damage in tmrea, maybe remained to you for credit and are not to be replaced except upon meant of wdnev
instructions from the City of fors Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on coastal.
11. NONWAIVER.
Failure of me Purchaser to insist upon art performance of the terms and conditions herring, failure or delay to
exereasy rights or nanedies provided herein or by law. failure to promptly notify the Seller in the event of a
breach eanthe acceptance ofor payment for grads hereunder or apparvol of the design, shall Toot release the Sella of
any of the.,ics or obligations of this purchase order and shall ne, be denied a waiver of any right of the
purchaser m insist upon smct performance hernfor any of its rights m remedies a to any such goods, regardless
of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my rumored
oral modification or rescission of this purchase order by are Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the mundeadise, services or equipment in asp ram to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart Collins. However, it is to be understood but FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges motWg from ammust
ACCEPTANCE. is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Pumhaser.Theretofore for Road eause ands consideration for executing this
purchase order, the Seller hereby assigns an the Purchaser any and all claims it may now have or hereafter
Freight Toms. Shipments most be F.O.B., City of ran Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
mar—m specified im this aide,. Havan ion a given to prepay freight and charge sea rarely, the original freight purchased or acquired by the Purchaser parsuanuo this purchase order.
bill must acca r,my invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing paints in Vatican Tons of the country, shipment is if the Purchaser directs the Sell,, a correct nonconforming or defective goods by a date to be agreed upon by the
expected liar the aeries, distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work to be perfcmed by the most expeditions means available to it, and [he Seller shall pay all
costs associated with such work.
Permits. Seller shall praeure at sellers sale cost all necessary permits, certificates and licenses minimal by all
applicable aws, m,cla ions, ordinances and rates of the state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work
of vender. Seller bunter agrees fin hold the City of Fort Collins Missiles, from and .gains, .11 ]..bit try and lass
normal by than by reason of ran asserted or established violation of any such laws, regulations, indicators, rates
and rwuiremens.
Audionection. All panics to this contract agree that the representatives are, in fact, Mna fide and Fairness all and
complete amhmar, to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to rise terms and conditions stated
herein sea both end any unplarranwry or additional it., and conditare annexed herew or incorporated hcmin by
adina ees. Anyadditional m dtlTcrent terms and armaluons proposed by seller are objected rand hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyoo cannot make complete shipment to anise m your
promised delivery, dam a noted. Time is of the essence. Delivery and paramrance most be effected within the time
stated on the pumhase order road the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance organist late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, are Seller shall not be liable for damages as a result of delays
due to canes not corwnably foreseeable which arc beyond its reasonable central and without its fault of negligence,
such is .1 Chad, ace of civil or military sulhori,ia, gro mmroml priorities, fires, strikes, flood, epidemic, wars or
riots provided that notice of the conditions causing such delay is given an the Purchaser within five (5) days of the
time when the Seller tint received knowledge thi In the event of any such delay, the Jam of delivery shall be
extended for the period Mual to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller woman, that all gowls, articles, materials and work covered by this order will conform Willi applicable
drawings, specifications, samples -War other dr,rou n s aver. will be fi, for the narcoses intended, and
parmmed with the highest degree of care and conference in accordance with amepted standards far work of a
similar nature. The Seller agrees to hold the purchaser hmmless fiom any loss, damage or expense which the
Purchaser may sufferer incur m account of the Sellers breach of warranty. The Sellershall replace,repsto or make
good, without cast m the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be preacnbed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (aceepmnce not to be unreasonably delayed), resulting from icapearam
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except w otherwise provided in Nis purchase order, the Sellers
liabil try hereunder shall extend to all damages proximately caused by are breach of any of the foregoing wammin
or guarantees, but such liability shall in an at, include loss ofprofi¢ or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make <hanga to legal It. by wnvm change oNer.
S. CHANGES IN COMMERCIAL TERMS.
The Puah our may make any changes to the terns, other than legal terms, including additions to at deletions from
me quantities originally ordered in the s ieaircatiom or drawings, by verbal or warson change area. If any such
change affects the amount due or the time of perform once, hereunder, an erluluble adjurlment shall be node.
6. TERMINATIONS.
The Purchaser may at my time by wa rren change order, terminate this agreement as to any or all pnnlons of the
grads then nee shipped, subject to any equitable adjatment between the parties a an any work as materials than in
pmgmss provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted
portion of the goods mWor work, for incidental or consequential damages, and that no such adjustment be made in
favor of Ilhe Seller with respect many goods which are the Sellers standard stock. No such nomination shall relieve
the Purchaser or the Seller ofany of their obligations as to my goods delivered hereunder.
V. CLAIMS FOR ALI US] MEN].
Any claim Ib, adji,oment taus, be asserted within Ihir, (30) days from the date the clrmge or terminate. is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents in may be raptured to effect or evidence compliance. All laws and regulations requited to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffer d by the Purchase, as a retell of thc
.Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or as become, due hereunder without the
Prior Woman consent ofthe other Ford.
10. TITLE.
The Sella warrants full, clear cod unrestricted fide to are Purchaser for all equipment, materials, and items famished
in performance of this agreement From and clear of my and all liens, Castrations, reservations, security interest
encumbmmces and claims or than.
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any ..,am
resulting from the performance ofsuch work.
'Isis release shall apply evers in the even, of fault of negligence of the puny advised and shall extend m the
direcfrs, officers and employees of tech arty.
The Sellers conaocmal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed ar caused as he performed by the Purchaser.
14. PATIENTS.
Whenever the Seller is resluired an use any design, device, material or process covered by lever, polar, hademark
bycopyright. the Seller shall indemnify and vote hmmless the Purchaser from any and all claims for itdringenrent
rearm of the use of such wormed design, deice, material or process in connection with the contract, and
shall indemnify the Parchaser fro any cost, expense or damage which it may be obliged to pay by reason of such
infringement many time during the prosmation or oiler the completion of the work. In case said agrarianism, or
any part thereof or the intended nu of the goals, Is In such suit held to canatimle Infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expertise and at its option, either prmure for the
Purchaser the rights to continue using said cempmem or pans, at Ne same wish subsrmardly equal bur
noninfnaging tyuipmrnt or modify aso a becomes maturation,
15. INSOLVENCY.
If ,he Seller shall bamme Insolvent or bankrupt, make m assignment fro the beach, of credimrs, operant a
mariver or rmstee for any of the Sellers property or 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 the rights of all parties hereunder shall be
construed under and governed by the laws afthe Swat of Colorado, USA.
The following Additional Conditions apply only in cusses where the Seiler is to perform work hereunder,
including the services of Sellers Representatmaga, oa the premises.P others.
17. SELLERS RESPONSIBILITY.
The Seller shall curry on said work err Seller's own risk until the same is fully completed and accepted, and shall,
in se of my accident, destccaion or injury to the work and/or mmmals before Sellers furl completion and
acceptance, complete the work at Sellers own expense and to the salisfaction of the Purchaser. When materiads
and rq.i,mar are famished by others for installation or emaion by the Seller. the Seller shall receive, .load
store and handle same al the it, and become responsible therefor as Ihough such momils anNnr equipment
were being famished by the Seller under the oNer.
NU MSURANCE.
The Seller shall, m his own expense, provide for the payment of workers comanmtion, including occuatiovl
disease benefits, to its employees employed . or in connection with the work covered by this purchase order,
arNor an their dependence in accordance with the laws of the sure in which the work is to W done- The Seller
shall also can, comvrehensive general liability including, but not limited to, contractual and automobile public
liability insurance cif bodily injury and dram [imiu of at lean S300,o0o fur any one passer, S500,000 for any
one accident and property damage limit per accident of $400,01 The Sella shall likewise nyuire his
an rmarors, if my, to provide for such compatautimn and Insur.ce. Before any of the Sellers or his contcacmm
employees shall do any work upon the premiss of others, the Seiler stall famish the Purchaser with a certificate
that such compensation and insurance have been pmvided. Such certificates shall specify the Joe when such
omprsation and insurance have been provided Such cenificmes shall specify the date when such compensation
unit insurance expires. The Seller agrees that such mmpansonon and insurance shall be raai mixod.ti1 after the
entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability 16r any and all damage, loss or injury army kind
r nature whatsoever to persons or progeny caused by or resulting tram (lie execution ofthe work provided for in
this purchase aide, or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indical, and whether to persons or property to which the Purchaser may
be pm or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors offices, agents or employees. In case any ma of other
proceedings shall be brought against the Purchaser, or its oRcers, agents or employ. at any time an account ar
by reason of any act action, neglect omission or default of the Sella of any of his wmraaors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thernef.it to
defend the same at the Sellers own expense, so pay my and all costs, charges, eno rays fees and other expenses,
any and all judgments that my be incurred by at obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the properly ofthe Purchaser, or said panics in or as a result of such suits or other proceedings,
are Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall eke all safety Ineractions, f ish rod install all grads necessary for am pmeonon of
accidents, comply with all laws and regulations with regard to salay including, but without limimti., the
Occuano.l Safety and Health Act of 1970 and all rules and regulazions issue pursuant thereto.
Revised 032010