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HomeMy WebLinkAbout130757 DLT SOLUTIONS LLC - PURCHASE ORDER - 9143894Fort Collins PURCHASE ORDER PO Number Page 9143894 1of2 This number must appear on all invoices, packing sli s and labels. Date: 0711112014 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: 07/11/2014 Buyer: ED BONNETTE Note: SUPPORT RENEWAL -CORE TECHNOLOGY; ORACLE DATABASE ENTERPRISE EDITION. 7/15/2014-7/14/2015 PER QUOTE #4360834 DATED 7/8/2014 FROM HOPE ALEXANDER TO MICHELLE CARR. Line Description Quantity UOM Unit Price Extended Ordered Price t ORACLE DATASE SUPPORT RENEWAL CSI#3424436 Quote#4360834 Core Technology Oracle Database Enterprise Support Renewal Term:7/1512014-7/14/2015 CSI#3424436 - QUOTE#4360834 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&cgov.com 10,186.00 Total $10,186.00 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 I. COMMERCIAL DETAILS. Tax exemptions. Dy statute the City of Ton Collinsix exempt from slate and local hazes. OU Exemption Number is 11. NONWAIVER. 98 04502, Federal Excise Tax Exemption Cenificoe of Registry 84-6000587 is registered with the Collector of Failure of the Pumit:aw to insist upon strict performance of the terra and conditions hector, failure or delay to Interred Revenue, Denver, Colorado (Ref Colorado Revised Statute 1923, Chapter 39-26, 114 (a), exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment for goads hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped m due to defects of MY of the warranties or obligations of this purchase order and shall nor Be deemed a waiver of my right of the damage in transit may be renamed to you fof creft and are not to be replaced except upon receipt of written purchaser to insist upon short performance hereof or my of its tights or remMies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, or shall any purported am[ modification or rescission of this Ifureform order by the Purchaser operate as a waiver ofany of the cc own Inspection, GOODS are subject to the City ol'Port Collins inspection an contact, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENIOF ANTITRUST CLAIMS. Enhanced payment on the pan of the City of Fort Cartel. However, it is to be understood ham FINAL Seller and the Purchaser recognize thal in actual economic practice, o.chm arges resulting train antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Pumhsre er. Thetofam, forgoodounce and as wooideration for executing this purchase order. the Seller hereby assigns to the Pumhaer any and all claims it may now have or hereafter Freight Team Shipments most be F.O.D.. City of Fort Collins, 700 Woad Sr, Fort Collins, CO 80522, unless acquired under friend or state rentinu9 haws for such oveeharges relarin, to the pmicular goods or services otherwise specified on this enter. Upemtission is given to prepay fight and charge sepmmly, the original freight purchased w acquired by the Pushover pursuant to this purchase color. bill most accompany invoice. Additional charges for peeking will not be accepted 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Shipment Defeat. Where manufacturers have distributing paints its vanum, pans of the country, shipment is I fthe Purchaser directs Its Seller to correct nonconforming or detective good by a date ta be agreed upon by the exported from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, end the Seller far a fler indicates its inability in unwillingness b comply, the Purchaser shipments are made from greater distance. may cause, the work m be perforated by the most expeditious meats ..'..],able to .1, and the Seller shall pay all costs assmfted with such work. Permits. Seller shall prompt at sellers .It call .11 necessary pennies, certifirad. and lieatsa retained by all applicable laws, regularim ,ordinances and ales offe state, municipality, territory or political subdivision where the work is performed, w required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and againsl all liability and loss incurred by them by Italin of an asserted or eshabllshed violation of nary such Jews, regulations, ordinances, rates and ou no rrecov Authorization. All patties to this contract agree that the repoesenlatives are, in fact, haw fide and possess full and complete wulay ry m bind said patties. LIMITATION OF TERMS. This Purchaze Order expressly limits acceptance m Be berms and conditions stated herein set forth and any suEdco m cry or additional corms and conditions annexed herelo ar incorporated heroin by reference. Any additional Or different it. and conditions proposed by seller are objected m and hereby rejeaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shipment to active an your promised delivery date as noted. Time is of the essence. Delivery and performmce must he e@cmd within fe time stated on the purebase order and the documenm attached hemo. No arts of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this prevision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order ehewhery and holding the Seller liable for dzmag¢. Hownw, the Seller shut[ rim be liable for damages as a result of delays due to causes not reammbly foreseeable which are beyond its reasonable comrol and without its fault of negligence, such acts of God, nets ofcivil or military authorities mwormentnl priorities, fires, sdlkes, hood, epidemic,, wars or riots provided that notice of the conditions causing inch delay is two to the Pmctws[r within five (5) days of the time when the Seler first received knowledge thermf. In the event crony such delay, the date of delivery shall he extended for the pent equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanants that all goods, articles, matenah and work covered by this order will tout with applicable drawings, specifiations, samples andfr other descriptions given, will be fir for the purposes :mended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wa mnry. The Seller shall replace, repair or make good, without cal to the purchaser, any defects or faults ansing within one (I) year or within such longer period of time as, may be prescribed by law or by the emts of any applicable wamdnry provided by the Seller after the date of omplance of the goods furnished hereunder (ame,exam at or be ou.nably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Avw,xww or use of good by the Purchaser shall oat m stitnte a waiver ofany claim under this warranty. Except m otherwise provided in this pmchae order, the Sellers liability hereunder shall extend to at I damages paraircamly caused by the breach of any Of the foregoing warranties or guarantees, but such liability shall in no event include loss Of profits or loss of ale. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal hemp by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase( may make any changes to the mrms, other fan ley it., including additions Ira or deletions from the quantities originally ordered in me speeilla:ions or drawing. by vnbal or written cb+nye code,, If any such change affects the amount due or the time of performance hwarms ca m equitable adjustment shall be mode. 6. TERMINATIONS. The Purrhater may at any time by written change now, mornivm this agreement in to any or all purtlons of the goods fen Out shipped, subject to any quitable adjustment betwem the parties as to my work or materials then in pregress provided chat the Pucbzscr shall not be liable for any claims for anticipated pmG:s an the mrrompleted portion of the good and/or work, for incidental or consequential damages, and fat no such adjustment be made in fear of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations owma i,,be empoaud in agecmenrs of fis characref arc hereby inmryomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey His order, or any monies due or to become due hereunder witbouh the prior wham coment arm, am, patty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement free and dear of my cod all liens, fiencommus, reservations, security interest emumbrances seal claims af.ducl The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any metre resulting from the performance ofsuch work. This elease shall apply even in the cvnn of fault of negligence of the party released and shall extend ,, the direcmrs, We,. and employees of such any. The Settees commaual obligations, including wamartty, shall not c dearred to be reducal, in any way, because such work is performed or caused to he performed by fe Purchaser. 14. PATENTS. Whenever the Seller is required to use any Ill device, material or process covered by leneq parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchesef from any and all claims fir infringement by reason of the use Of such patented design, device, matenal or process in annerhon wit the comma, end shall indemnify the Purchaser far any cost, expense or damage which it may be obliged m pay by reams of such infringement at any time during the prismation or after the completion of the work. In case said quipmort or My pan fermi ar the intended use of the goad, is in such .it held to consume infringement and the use of said qmM mt or pan is corporeal, the Seller shall, at its own expanse and at its option, either puvre for the purchaser the fight to continue using said equipment or pans, replace the same coif substantially exact but noninfringing equipment, or modify it an, it becomes r odnfninging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the timer, of creditors, appoint a moriver or msme for any of the Sellers pmpedy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitiofs ofterms used of the interpretation offe ageemem and the rights of all panics hereunder shall be construed under and govemed by the laws offe Sate of Colorado, USA. The following Additional Conditions ..ply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk omit Be, rime is rally Outwitted and accepted and shall, case ofany accident, dEdomtlon or injury m the work andor materials bet Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment art !unshed by others for installation or erection by the Seller, the Seller shall receive, un od, stare and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mm,miction, including occupational disease benefits, to its employees employed on Or in comeerim with the work covered by this purchase amiss, artNof to their dependents in accordance with the laws offe suit in which the work is to he &ne. The Seller shall also tarty comprehensive general liability including, but net limited an, maltretml and automobile public liability onstarrinto with bodily injury and death limila of at lead S300.000 tar any at person, 5500,00(o tut any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, i1' any, to provide for such compensation and insurance. Before any of the Sc ore or his contractors employees shall do any work upon the premises of fifers, the Seller shall fiunish the Purchaser wit a certificate that such compensation and insurance have been provided. Such ournficarms shall specify the date when such compensation and insurance haw been provided. Such certificates shall specify the dam when such compensation and inscromm expire. The Seller agew that such mampardearium and Ins., shall be mmak fined until aRer the entire work is completed and weepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or aware whosoever Ie person or property cooled by or resulting from the execution of the work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from losses, damages, and against any and all claims, ldamages, charges or expenses. whether direct or indirect. and whether to persons, or property to which the Purchaser may Ito put or subject by reason of any act, action, neglect, omission at def It on the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought again,, he Purchaser, or its officers, agents or employers at any time on account or by reason of any act, action, neglect, amission 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 cast, charges, coup s fees and Other expenses, My and all judgments that may be incurred by or obtained against the purcaaser or any of its or fen officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or Obtained against He, Miami of the Purchaser, Or said parties in or as a read, of such suits or i far proceedings, the Seller will at once ause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safer, precautions, furnish and instill all guards nmeasary for the prevention of accidents, comply with all laws and regulations with regard f safety including, but without limitation, the Oreop tiool Softy and Health Act of 1920 end all roles and regulations issued palm theem. Revised 03nGlO