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HomeMy WebLinkAbout130757 DLT SOLUTIONS LLC - PURCHASE ORDER - 9143479PO PURCHASE ORDER 914347er Page City of PURCHASE 9143479 t of z ' `t Collins I„s This number must appear •I ` 1 1 on all invoices, packing sli s and labels. Date: 06/19/2014 Vendor: 130757 Ship To: MIS DLT SOLUTIONS LLC CITY OF FORT COLLINS 13861 SUNRISE VALLEY DR. #400 215 N MASON, 3RD FLOOR HERNDON VA 20171 FORT COLLINS CO 80524-4408 Delivery Date: 06/19/2014 Buyer: ED BONNETTE Note: PER QUOTE #4369259 DATED 6/6/2014 FROM HOPE ALEXANDER. JDE SUPPORT RENEWAL -APPLICATIONS 10/1/2014 THROUGH 9/30/2015. Line Description Quantity UOM Unit Price Extended Ordered Price t JDEdwards SUPPORT RENEWAL TERM: 10/1 /14-9/30/15 JDEdwards Bundle - Support Renewal - Applications CSI#14489002 Service Level: Software Update License & Support Term: 10/1 /14-9/30/15 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 1 LOT LS 147,735.13 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. Tax .,.Inc..eBy sumde the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carifica¢ of Registry 84-6)0058] is industrial with the Collector of brand Revenue, Dover, Calomdo Boor. Colorado Revised Samoca 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dollars of damage in transit may be removal to you for credit and are not to be musical accept upon receipt of women instructions firm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of th< merchandise, services or equipment in response to rtis order can result in sutborved payment on the pen of the City of Fiat Collins. However, ii is to be undersbak Wart FINAL ACCEPTANCE is dependent upon completion oral) applicable required inspection procedures. Freight Terms. Shipments door be F.O.B., City of Fon Collins, ]oo Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If parmaxim is given to prepay freight and cargo separately. the original freight bill most accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where ..at.,.. have distributing poi.¢ in varmus Was of the munI,, shipment is expected from the merest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. I L NON WAIVER. Failure of the Purchaser to imin upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall at noleae, the Seller of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hereofor any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrunda, nor shall any purymtM am[ modification or rescission of this purelinse order by the Pareheser operom as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that is actual economic practice, o e on fiv resulting from antimsst violations are in fact home by the Purchases Themomfom, for good cause and as consideration for exemmig this purchvse order, the Sella herby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fMeml or sure annual Laws for such overcharges relating to the Particular goods or semces purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dived. the Seller to marten nonconforming or defective good by a doe to be agreed upon by the Purchaser oral the Seller, and the Seller thereafter indicates its invbiliry or unwillingness as comply, the Parchasr, may cause the work to be performed by the most expeditious ream available to it, and the Seller shall pay all costs ass«imed with such work. Permits. Seller shall procure at sellers to cast all trowassry permits, comfort. oral licenses rryuired by all applicable Taus, regulations, ordinances end roles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjmisdiction over the work of vendor. Seller further agree m hold the City of Fon Collins harmless from and against all liability and loss ificannal by them by reason of an amred or established violation of any such laws, regulations, ordinances, roles oak requirements. Authorination. All parties to this contract agree that the representatives are, in fad, bona fide and possess fall and complete authority 10 bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepance m the corms and conditions sated herein set forth and any supplementary or additional terns and conditimu annexed fore, or incorporated herein by reference. Any additional or di ftbrem corms send conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING ADEN Iimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase color and the documents attached hereto No acts of the Purchasers including, without limitation, acceptance armorial Ire 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 Seller liable fur damages. However, the Seller shall not be liable 1'or damages as a result of delays due to curses not reasonably freseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts of civil or military authorities, go'eomental priorities, Gres, strikes, flood, epidemics, wars or riots provided that nmice Of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therecll 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be, fit for We putposes intended, and performed with the highest degree of wrt and competence in accordance with accepted standard for work of a imilsr nature. The Seller agrees 1. hold the purchaser, harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wanton e. The Seller shall replace, repair cr make goad, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be presmbM by law or by the corms ofany applicable warranty provided by the Seller after the dam of «cepunre of the good famished hereunder (acceptance Out to h< unreasonably delayed), resulting from imperfect or defmive work doom or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not comande a waiver ofany claim maker this warranty. Except as, otherwise provided in this purchase order, the Sellers liabiliry hereunder shall extend or all damages proximately erased by the breach of any of the foregoing wamamles or gmmnt«s, but such liability shall in an event include loss of profits or lass 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 terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchame may make any changes to the maro, other than I<,al moss, including addiriom to or deletions from We gmmitien originally «cereal in the specifications « dmwingy, by verbal or wdnmr flange order. If any such change art ts the amount due or the time of performance hereunder, an equitable adjustment start] be made. 6. TERMINATIONS. The Purehave, may at any time by wdaen change order maninme this agreement a i to any or all portions of We good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then is Toupees provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion ofthe paid and/or work, for incidental or consequential damages and that no such adjustment be, made in favor ofthe Seller with respond to any goods which art the Sellers standard stock. No such termination shall ¢Bove the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days farm the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations a which the goods are subject, The Seller shall exam¢ and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incor,mran d herein by this reference. The Seller agrees to indemnify and hold the Purchaser h arress front all costs and damages suffered by the Purchaser as a result of We Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior waaer consent of the other party. 10. TITLE. The Seller w'armnts full, One and muestrined tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, mormiou, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contmnom of any no tram all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry mlessed and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to M reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademark r copyright, the Seller shot] indemnify and save haonless the Purchaser foam 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 the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such mfringemem at any into daring the pro,emlian art after the coniplefo. of the weak. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment of pan is mjolned, the Seller shall, at its awn expense and at its option, either Fracture for the Purchaser the right to continue using said equipment or pans, replace the same with subsmntially capital but noninGnging equipment, or modify it so it becomes noninfringing. 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 other may forthwith Im canceled by the Purchaser without liabiliry. 16. GOVERNING LAW. The definitions reformat used or the interpretation ofthe agreem<m and the fights ofall ponies hereunder shall be construed under and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in couse, where the Seller is to perform weak hereunder, including the services of Sellers Represenutive(s), .,he premises of others. I). SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellefs own risk until the same is fully eampletd and accepted, and shall, in arse of any accident, destruction or injury to We work anrpor materials bet Sellers final completion and sceepiance, complete the work an Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by address f installation or mad.. by the Seller, the Seller sball receive. unload, store aak M1mdle same o We site and become responsible Ihertfer as though such materials randi equipmmt were being famished by the Seller under the order. 19. INSURANCE. The Serer shall. an his own expense. provide fur the payment of workers fivan asatian, including nomprovend disease benefits, to its employees employed on at in connection with the work covered by this purchase order, aeNm to their definition in accordance with the laws of the state in which the work is to be, done. The Seller shall alas arty comprehensive general liability including, but Out limited to, contracaval and automobile public liability insurance with beadily injury and death limits of at least S30d.ged for any one person. S500,000 f1 any one accident and pmpery damage limit per accident of S400,000. The Seller shall likewise require his commerce, if any, to provide for such compensation and insurance. Before any of the Sellers or his conmaors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compemation and insurance have been provided. Such certificates shall specify the date when such cameraman and insurance have been provided. Such ceni0ato shall specify the date when such compensation anal insurance expire. The Seller agrees that such comp<iwtion trod courunce shall be m fiati n al until after the entire wok is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more reepnoibility and liabil iy for any and all damage, loss or injury of my kind or nature whatsoever to persons err property caused by or resulting from the execution ofthe 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 from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put 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 officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and .,he, expenses, any and all judgments that may be incurred by or oblamed against the Purchaser o1 any of its Or their oficers, agents or employees in such suits Or other proceedinp, and in case judgment or other lien be placed upon or obtained against the property ofthe 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 precautions, famish and imull all guard necessary for the prevention of accidents, comply with all laws and regularmax with re&md to safety including, but without limitation, We Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant twors. Remixed 03cSl0