HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9143257PURCHASE ORDER PO Number Page
City of PURCHASE
257 1 of 2
' `t Collinsr his number must appear
�.I " 1 1 on all invoices, packing
sli s and labels.
Date: 06/10/2014
Vendor: 281742
HEWLETT-PACKARD CO
PO BOX 101149
ATLANTA GA 30392-1149
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 06/10/2014 Buyer: ED BONNETTE
Note: PER QUOTE #9572505 DATED 6/6/2014 FROM CINDY JACQUOT AT LEWAN.
PRICING IS PER STATE OF COLORADOANSCA CONTRACT 20511YYY31M/WSCA.
Line Description Quantity UOM Unit Price Extended
Ordered Price
HP QUOTE#9572505
GIS PLOTTERS - MBODIG
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@fogov.com
1 LOT LS
9,483.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from .,card local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000591 is registered with the Colleaaor of
Inmmal Revenoe, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Good Rejected, GOODS REPUTED due to failure to meet epecifentiom, either when shipped or due to defects of
damage in nansih may be resumed to you for credit and arc not m be "Doted except upon receipt of wrinm
insnvctiorts Gam the City ofPon Collim.
Impemion. GOODS are subject to the City of Fon Collins impaction on anneal.
Final Acceptance. Receipt of the merchandise, music. An equipment in response to this order can tesuh in
authorized payment on the pan of the City of Fort Collim. However, it is A, M understood that FMAL
ACCEPTANCE u depended upon completion of all applicable required inspection prac lures.
Freight Tams. Shipments most the P.O.B., City of Fort Collins, All Wood St., Fort Collins, CO 80522, unless
otherwise spmified an this order. If pcmticsion u giros to prepay freight and charge separately, the original freight
bill most acmmonv invoice. Additional carets for packing will not h accepted.
Shipment Distance. Where whow arcers have distributing points in various pans of to country, shipment is
expected from the nearest distribution paint to dedication, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, th nificates and liames required by all
applicable laws, regulations, mbar ncm and tales of the mem, municipality, mmtory or Political subdivision where
the work is performed, or required by any other duly constituted public authority havie,jurisdicumat over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and Arapatimanamus.
Authorization. All units to this contract agree that the repremntatives are, in fact, bona fide and possess fall and
whi amhosity to bind mid parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptace to the terms and conditions stated
herein set forth nod any snpplower ary or Additional corms and conditions annexed hereto or incorporated herein by
reference. Any additional or different mars and conditions proposed by seller are objected to and hereby rejected.
3. DELIVERY.
PLEASE. ADVISE PURCHASING AGEN I' immediately if you terror make complete shipment he arrive on your
promised delivery date As noted. Time is al'the seance. Delivery and performance most be eReeled within the time
stated on the part Aide, and the docnmenrs :nembed herein. No acts of the Purchasers including, without
limitation, acceptance of partial lam deliverin, shall operate As A waiver of fie provision. In the event of any delay,
,a Purchaser shall Lave, in addition m .,her legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Ihowever, the Seller shall or be liable for damages as a noun, of delays
doe to causes eat reasonably f shoccuble which ere heyond its reasonable central and without its fault of negligence,
such nets of God, act, of civil or military authorities, govemmenbl priorities, fires, strikes, Rood, epidemics, wars or
tints provided Unit notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY,
The Seller warrants that ell goods, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other description given, will be fit for the purposes intended, and
performed with be highest degree of care and competence in accordance with accepted standards fro work of a
similar metre. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which be
Purchaser may mRer m incur tea account of the Sellers breach crowbar, The Seller shall replace, repair m make
good, without cost to the purchase, any detects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by be temss army applicable warranty provided by the Seller after the date of
acceptance of the goods fumuhed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or matmals furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of Any claim under this waramy. Except as otherwise provided At this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'amntie,
or guarantees, but such liability shot[ in no event include loss ofpmfib 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 changes to legal tent by wrden thong, Order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any change, m the harms, other than legal team, including additions, m or deletion from
the quantities originally ordered in the specifications or drawings, by vertical or women ebony, order. If any such
change affects the amount due or the time of performance hereunder, An equitable adjustment shall be etude.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all pwhions of be
good, then not shipped, subject to any equitable adjustment between the parries 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
p.nion of the goads Arai work, for incidental or Consequential damages, and that no such adjstnem be rode in
favor of fie Seller with respect A. any goods which me the Sellers standard stock. No such termination shot] relieve
the Purchaser or the Seller Of any of their obligations As to any good delivered hereunto.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be inserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE: WITH LAW.
The Seller warrants fat all good sold hereunder shall have been produced, sold, delivered and famished in strict
ompliance with .II Applicable laws and regulations to which the goads are subject The Seller shall execute and
deliver such documents As may be required m efeel or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purcha er As a result of the
Sellers failme to comply with such law.
9. ASSIGNMENT.
Neither parry shall Assign, number, Or convey this maker, or any monies due or to become due hereunder without the
prior wrinen consent i fbe be, party.
10, TITLE.
The Seller warrants full, c[eu rand unrcsuiaed title t, the Purchase, for all equipmmq materials, and it. Fulani
in performance of this agreement, fare and clear of any and all lien, rem,iction, reservations, security interest
mcumbmnccs and claims of others.
11. NONWAI VER.
Failure of the Purchaser to insist upon strict performance of the team AM conditions hereof, failure or delay to
any rights or edies provided herein or by law, failure A.prei unity the Seller At the event of A
brew brem
e acceptance efor payment for goods hemander or approval offle design, shall not release the Seller of
any of the samurai or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser no insist upon strict performance Rarest or any of its rights or remedies As to any such goads, regardless
of when shipi received or accepted, as to any prior or mbmqumt default hereunder, nor sbull any purported
oral modification or rescission of this purchase order by the Purchaser operate as A waiver of any of the mans
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller end be Purchaser recognize that in ..I economic practice, overcharges resulting from mlieta,t
violations are in fact home by the Purcbuer. Themmfom, for good cause and ss consideration for executing this
purobam order, the Seller hereby assign to the Footloose any and All claims it may now have m hereafter
acquired miler fxieral or state antitrust laws for such over-comm, relating no the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser defcts the Seller to cmrem awasonforming or defeclive good by A dose to be agreed upon by the
Pomhser aM the Seller, and the Seller thereafter indicates its mobility or unwillingness m comply, the Purefaser
may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
cm. astociated with such work.
The Seller shall ¢lease the Purchaser And its contractors of Any tier man all liability, and claims of any nature
resulting from the performance of such work.
This minum And] apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Seller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, became
such work At performed or caused to be Performed by the Purchaser.
14. PATENTS.
Wbenever the Seller is required to use any design, device, hamenal or pmttss covered by letter, patent, nademmk
copyright, the Seller shall indemnify and rove h:snlese the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify he Purchaser for any msl, expense or damage which it may be obliged m pay by mason of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any pan thi or the intended use of the goods, is in such suit hold to constitute infringement and the are of
said equipment or pan is enjoined, the Seller shall, at its awn expense and At its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfnaging equipment, or modify it s, it becomes nonu fringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an Assignment for the benefit of creditors, appoint A
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNMG LAW.
The definitions of team work or the interpretation of the agreement and the rights ATARI parties hereunder shall be
construed under zed govemed by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in cases where be Seller is to perform work hereunder,
including the services rigidities Representatives), on the pmnism of others.
17. SELLERS RESPONSIBILITY.
The Seller mall cary, on said work at Seller's own risk until the some is fully completed and accepted, and shill,
in ass of any accident, dimmed.. or injury m be work work., mmenids before Sellers final compledw. and
acceptance, complete the work at Seller's own expense And m the sonsfnclum Of the Purchaser. When mmmds
and equipment me famished by others for installation or motion by flue Seller, the Seller shall receive, unload
score AM Founder come At the site aM become reap.mible, therefor As though such mmeruds madme equipment
were being fundshed by the Seller order dos order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the paymmt of workers comperswtion, including occupational
disease betrefiu, to its employees employed on or in connection with the work covered by this purobase order,
maker An their depwdemts in accordance with the laws of dre, able in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, conlmcrol and automobile public
liability insurance with bodily injury Aral death limits of at ]cost S300,000 for any one Paean, S500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any. A, provide for such compensation and insurance. Before Any of the Sellers or his contractors
employees shot] do any work upon the promises of cabers. the Sells, mall famish the Purchaser with a renifiteoe
that such compensation and insurance have been provided. Such matifcates shall specify be date when such
nmpmmtion and insurance have been provided. Such certificate, sholl specify the date when such compensation
d insurance expires. The Seller agrees that such compensation and imumnce shall be maintained until arbor the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, Ices or injury army kind
or nature wa ancoor to Persons or property caused by or resulting tram the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify And hold baemless the Pumaser end any
or all of the Parohosers .Ricers, .gems and employees fmm and .,AmAl any and all claims, loses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be par or subject by reason of any Act, action, neglect, omission or default no the pan of the Seller, any of his
contractors. or any of the Sellers or contractors oficers, agents or employees. In case any suit or other
proeeedinge shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any it. action, ncgl«r, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees As afresaid, the Seller hereby agrees to assume the derease thereof and to
defend the same at the Sellers own expense, to pay any and at I costs, charges, attorneys fees and other expanses,
any and all judgments that may be incurred by or 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 him be placed upon or
obtained 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 bond or otherwise. The Seller And
his contractors shall take all safety precaution, famish and install all guards necessary for be prevention of
accidents, comply with all laws and regulations, with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and acpsaioas issued pursuant thereto.
Revised 03I2010