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HomeMy WebLinkAbout405457 PREFERRED STRATEGIES - PURCHASE ORDER - 9143395PO PURCHASE ORDER 914339er Pogo rC117/Of43395 tofz Flirt Collins( Thisnumbermustappear /,,�/`I ` V ` on all invoices, packing sli s and labels. Date: 06/17/2014 Vendor: 405457 Ship To: MIS PREFERRED STRATEGIES CITY OF FORT COLLINS 2425 PORTER ST SUITE 20 215 N MASON, 3RD FLOOR SOOUEL CA 95073 FORT COLLINS CO 80524-4408 Delivery Date: 06/17/2014 Buyer: ED BONNETTE Note: PER INVOICE #3347 DATED 5/20/2014. CRYSTAL REPORTS SERVER SESSIONS AND LICENSE. Line Description Quantity Ordered UOM Unit Price Extended Price t SAP CRYSTAL SERVER 1 LOT LS 22,750.00 (250 CONCURRENT SESSIONS) 2 SAP ANNUAL ENTERPRISE SUPPORT 1 LOT LS 4,617.84 LICENSES 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 exempliars. By smite the City of Fog Collins 6 exempt from state and local taxes. Our Exemption Number is 98-01503. Federal Excise Tax Exemption Califcam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Entries 1973, Chapter 39-26, 114 (a). Goods Rejector. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of wrinen instructions fora the City of Port Collins. Inspection. GOODS are subject to the City effect Collins inspection on amvel. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in mahmimd pace mt an the pan of the City of Fan Collins. Howevea it is to be understand but FINAL ACCEPTANCE is dependent upon completion of all applicable requited infection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If pnmission is given to prepay, freight and charge accurately, the original f ight bill most accompany invoice. Additional charges for parking will not ho accepted. Shipment Distance. Where manafazticas have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dentition, and excess freight will to, deducted from Invoice when shipments are made from greater distance. Permit'. Seller shall pmutre at sell. sole cost all necessary permit, wnifrcmes and licenses squired 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 considered public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability and lass incurred by them by reasan of en romm d or established violation of any such laws, regulations, ordinances, rates aid requirements. Authoriration. All parties in this contract agree tit t the representatives am, in fact, bore fide and Possess full and complete indemnify to bind said panics. LIMITATION OF TERMS. This Purchuse Order expressly limits acceptance to the terms and condition stated herein set high and any supplementary m adi itioturl terms and conditions annexed hereto or incomomtcd herein by reference. Any additional or different terms and condition proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your promised delivery date as noted. Time is of Poc essence. Delivery and performance most be effected within the time stated of the purchase coder and the document mmehed hereto. No is of the Purchasers including, without itnimtion, acceptance official Inte deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not IS, liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond it reasonable control and without its fault of negligence, such acts of God, acts ofetvll or miliary authorities, govcmmemul priorities, fires, strikes, flood, epidemies, wars or riot provided that notice of the conditiom causing such delay is given to 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 penod equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrant then all good, articles, mammals and work coveted by dis order will eenform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, said performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature, The Seller agrees to hold the purchaser hannless from any loss, damage or expense which the Purchaser may offer or incur on account of the Sellers breach of war anty.'rhe Seller shall replace, repo it or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable wanany provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective nark done or materials famished by the Sella. Acceptance or sex of goals by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability herewda shill extend w all damages proximmely caused by the breach of any of the foregoing commones or gunamem s, bur such liability shall in no event include loss i fprefit 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 ro legal temp by origin change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasran may make y changes to the man", other than legal terms, including additions to or deletions form the fainhticsmiginally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pert nn:mce hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by within change order, terminate this agreement n to any or all Conkers of the good then not shipped, tab al to any equitable adjustment torsion the parties as to any work or maeials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted Portion ofthe goads and/or work, for incidental or consequential damages, and that no such adjusrmmt be made in favor of the Seller with respect w any good which are the Sellers standaN stock. No such lamination shall relieve the Purchaser a the Seller of my of their obligation as to any good delivered herewder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjnrmcnt must be asserted within third (30) days from the date the change or mmtioamen is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold herennda shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws send regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effort or evidence compliance. All laws and regulation required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatml<ss from all cost and damages suffered by the Purchaser as a recur of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or to become due hereunder without the poor women consent of the other party. 10. TITLE. The Sellawvnant full, cleararduareslnnedsisle sidle purchase, fordlquipment, mammals, and items f Ishor in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrances and claims ofethers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay as viervise any rights a remedies provided herein or by law, failure w promptly notify the Seller in she event of a breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall act be deemed a waiver of any right of the purchaser to insist upon strict Performance hereofur any of its right or remedies as to any such goods, regardless of when shipped, received or accepted, as no any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT' OF ANTITRUST CLAIMS. Seller and the Purchaser exagnme that in actual economic practice, treacherous resulting from antlwst violations are in fact home by the Domhasea Theretofore, for good caum and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhastt any and all claims a may now have a hereafter acquire We, federal err sure antitrust laws for such overcharge relating to the parricular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to mnect nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, she Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Sella shall gay all costs associated with such work. The Seller shall release the Purchaser and its contmchns of any tier from all liability and claims of any nature resulting from the performance o'such work. This release shall apply even in the event of fault of negligence of the party released and shall extend w the directors, officers and employees of such party. The Settees committed obligation, including warranty. shall nor be dmmed to be reduced, in any way, baause such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever she Seller h eapm d to am any design, device, medal or process covered by Iener, NtenL andemark copyright, the Seller shall indemnify and wave hamless the Purchaser from any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contact, 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 pan thereof a the intended ase of the goods, is in such suit held to constitute infringement and the use of said equipment a 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 parts, replace the same with substantially equal but naninMnging equipment, or modify it so it becomes naninfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or badmpt, make an assignment for the bettefil of crcdimrs, appoint a receiver or trnttt for any of the Sellers military, or business, this order may forthwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterrm used or the intaprgation of the agreement and the right ofall parties hereunder shall be extracted under and governed by the laws ofthe Site of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereon including the services of Sellers Representative('), on the premises clothes. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sollars own expense and in the satisfaction of the Purchaser. When mataiak and equipment are famished by others for installation or erection by the Seller, the Seger shall receive, unload, store aril handle vie at the site and became responsible therefor as though such madends amllm equipment ware be, famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including uocupatiowl disease benefits, to its employees employed on or in induction with the work covered by this purchase order, andor to their dependent in accordance with the law% of the sure in which the work is to he done The Sella shall also carry comprehensive mural liability including, but not limited to, contractual and automobile public liability insurance with bodily injury, and death limits of at leas, S300,000 for any one person, $500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall du any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such campawation and inumnce shall be maintained until after the ran a work is completed and accepted 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Sella hereby examines the entire responsibility and liability for ivy and all damage, lass or injury of any kind or tupae whaamover to person or property, caused by or resulting been, the execution ofthe 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, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to person or property to which the Purchase, may be put or subject by reawn of any act, action, neglect, omission or default on the part of the Sella, any of his contractors, or any of the Sellers or commuters officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agent or anployees at easy time on account or by reason of any net. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees os aforesaid, the Seller hereby agrees to assume the defense thereat and to defend the same at the Sellers own expense, in pay any and all costs, charges, momays fees and other expenses, any and all judgments that may be incurred by or obtained agained the Purchaser or any of it or their olEcas, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the primary ofibe Purchaser, or said parties in or as a result of such wit or other proceedings, the Sella will at once cause the same ro be dissolved and duchargM by giving band or otherwise. The Seller and his contractors shall take all safery precautions, famish and mull an guarts naeasary for do preval on of accident, comply with all laws and regulation with regard m safety including, but without harimtion, the Occupational Safety and Health Air of 1970 and all roles and regulations issued Inesuans giants. Revised 03CO10