HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9143896Fort Collins
Date: 07/11/2014
Vendor: 281742
HEWLETT-PACKARD CO
PO BOX 101149
ATLANTA GA 30392-1149
PURCHASE ORDER
PO Number Page
9143896 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 07/11/2014 Buver: ED BONNETTE
Note: ONLINE PRICE QUOTATION Quote Number: 9646738Quote Name: DL380p for SCADA-Salient
Today's Date: 7/7/2014 4:14:56 PMQuote Created Date: 7/7/2014 4:13:37 PM
Created By: cindy.jacquot@lewan.comContract: CO - STATE OF COLORADO
(WSCA/NASPO) (2051 1YYY31 M/WSCA)
PLEASE SHIP TO ATTN: JOHN HUSTED
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 HP QUOTE#9646738
JHUSTED DL380P SERVER
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
7,239.43
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stione the Cary of Fort Collins is exempt tram spite and local axes. Om Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Candidate of Registry 84-600058] is register 1 with the Collector of
Failure of the Rrderear b must upon strict perormance of the terms sad conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtd 1973, Chapter 39-26, 114 (a).
source any rights or semdies provided herein or by low, failure to promptly nmify Ne Seller in the event of a
breach, the acceptance of., payment far not hereunder in approval order design, shall not release the Sella of
Goods Rejected, GOODS RE)ECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this pumhau order and shall not be deemed a waiver of any right of the
damage or nand, may be rumored to you for credit and are not I. be replaced except upon reroipt of worm
punch her m insist upon strict pdifnnreem hereofar any of its rights or remedies as to any such goods, regardless
restrictions from the City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Functional
amp modification at mountains of this purchase order by the Purchaser opcmle as a waiver of any of hie terms
Inspection. GOODS are subject to the City of Pon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the tracheal survicas or equipment in response to Nis order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
ammossixed payment on the pat of the City of Fort Collins. however, it is to be undenmod that FINAL
Seller and the Purchaser recognize that in acuml economic practice, overcharges resulting from national
ACCEPTANCE is dependent upon complaion ofall applicable required inspection procedures-
violations.are in fact home by the Puddler. Thetofore ltforgood cause and pas consideration fir executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tenor. Shipments must be F.O.B., City of Ford Collins, 700 Wood St, Fon Collis, CO 80522, unless
acquired ands federal or state antitrust laws for such ove phougem relating to the particular goods or services
otherxise dreamed m this order. Hpermission La &sera to prepay freight and charge separately. the original freight
purchvsN or acquired by the Purchase pursuant to this Purchase ordl
bill meat accompany invoice. Additional changes for packing will not be accepted.
Shipment Issuance. Where manufacturers have undulating points in variongs pans of the caenlry, shipment is
expected tram the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made form greater distance.
Pemtits. Sella shall action al sellers sole cost all nec¢ary pemrits, c of ificztes and liumd rd.ided by all
applicable laws, regulations, ordinances and rules of the spite, municipality, territory or political subdivision where
the work is pafomed, or radical by any other duly constituted public authority having jurivliction over the work
of vendor. Seller further agrees m hold the City of Fiat Collins handless form and against all liability and loss
incurred by them by reason of an asserted or established violation of any resonance, laws, resonao, ordinances, miles
vd requirements.
Aufmimand. All parties to this compact agree that the rt dramat ic, are, in fact, bona fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. this Purchase Order expressly liini1, acceptance m the terns and conditions dnld
herein set forth and any supplementary or additional lima and conditions aomexed hereto or incorporated herein by
reference. Any additional or different from and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promise) delivery d re as noted. Time is of the dunce. Delivery and perfomance must be infected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceplmce of partial brie deliveries, shall operate as a waiver of this provision In the event of any delay,
the Purchaser shall have, in addilim to ofer legal and equitable remedies, the option ofplacing this order elswbac
and Forth, he Sella liable for damages. However, the Sella shall not be liable for damages . a eesulr of delays
due to causes not reasonably trademark, which art beyond its ..able conuel and without its fault of negligence,
such acts ofGod acts of civil or military auforities, fundamental priorities, fins, strikes, rood, epidemics, wan or
hots provided that notice of the conditions causing such delay is given to the Puahser within five (5) days of the
time when the Seller for 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 womnts chat all goods, articles, materials and work calendar by Nis order will conform with applicable
drawings, specifications, samples murder other dea ipti rre given, will be fit for the purposes imended, 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 hamlds from any loss, damage or expense which the
Purchuer may offer or incur on account argue Sellers breach of warranty The Seller shall replace, repair or make
goad, without cold to file purchase, any defects or faults anzing within one (I) year or within such longer period of
time is may be presented by law or by the tams of any applicable warranty previdcd by file Sella after the time of
acceptance of the goods famished hereunder (acceptance Out to b, unreavrably deLayd), resulting from impall t
or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as atlmmiss provided in this purchase order, the Sellers
liability hereunder still extend to all damages pmximarely caused by the breach of any of the foregoing warranties
or gupdmvl but such rental, shall id eta event include loss ofpmfit 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 women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser day make any changes m the temp, other than Icgrl terms, including additions to or deletions Item
the quantities ongiwlly ordered in Na specifications or drawings, by "'rbal or written change order. If any such
change alTeds file amount due or the time of perfommce hereunder, an aaailable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change maker, teminam this agreement a any o all portions of the
goods then not shipped, subject o my available adjustment between the patties as tawny work or materials then in
pragress Provided dial fe Pictorial shall tat be liable far any claims far amicipamd profs on the uncompleted
portion of the goods trial work, for incidental or corea quatial damages, and Nat an such adjustmenl be made in
favor of the Seller with respano any goods which am Ne Sellars standard speck. No such teminmian still relieve
the Purchuer or the Seller army of Pad, obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment coma be asserted within Nhty (30) data from life date the change or termination is
arch d.
8. COMPLIANCE WITH LAW.
The Seller wamtns Nat all gom6 sold hereunder shall have been produced, sold, delivered and famished in matt
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as day be required to of rid or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hmmless tram all coma add damages differed by the Ptuchasr in a result of the
Sellers radiate I. comply with inch Law.
9. ASSIGNMENT.
Neither any still usagn, conifer, or convey this oda, or any monies due or to become due hereunder without the
prior wriden consent ofthe other parry.
10. TITLE.
The Salta wamnts fill, clear and mrestriaed and to hie Purchase for all ryuapmem, mundids, and items Finished
in performance of this agreement. Gee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims afmbers.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Irthe Purebasd directs the Sella, In correct madarm rating or defective goods by a data to be armed upon by the
Purchaser and the Sella, and the Seller thereafter indicates its imbilily a unwillingness to comply, the Purchaser
dray cause the work to be performed by the most a crustaious means available to it, and the Seller shall pay all
costs acwnmed with such work.
The Seller shall release the Purchaser and its contmaors of any fiat form all liability and claims of any nature
arm IIing from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Sellds conlmclual obligations, including warranty, shall not ha deemed o be reduced, in any way, because
such work is Performed or caused to h performed by the Purclaser.
la, ]'AT ENTS.
Whenever the Seller is required to use any design, device, material or process covered by late, amen, mademad
or copyright, de Seller shall indemnify and save harmless the Pardem r from any mod all claims for infringement
by rcawn of the up, of such patented design, device, tmtenal or pmcass in connection with the contract, and
still indemnify the Purchow, for any and. experts or damage which it may be obliged to pay by reason of such
infringement at any time during the recreation or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute mr—gomeo add the use of
said equipment or pan is enjoined, the Seder still, at its own expense and at its option, either procure for the
Purchaser the right to cominue using said equipment or paves, replace the same with substantially equal but
noninGnging equipment, or modify it Or if becomes roughuraging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make as az aRldrant for the benefit of creditors, appoint a
receiver or grantee lit any of the Sellers property or business, this order may Forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions; of tapirs used or Ne interpretation of the agreement add the rights craft Iundia hereunder shall be
consumed ender and governed by the Lava, of the State OfColmaado, USA
The (shhowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services crushers Rquaductive(s), on thepremises crashers.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry, on safit work m Still own risk .,if Ne same is fully compincd and adapted, and shall,
in u of any accident. destrumlon or injury al the walk and'or maerias before Selleh final completion and
acceptance, complete the work al Seller's own expense and in the satisfaction of the Featured. When materials
and mu prou nt are fumishad by otM1ers for installation or erection by the Seller, the Seller shall receive, unload,
store and handle vane at fe site aml became reportible therefor a though .all dmterian an&., equipment
were being fumuhd by the Seller undo the Order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
nnd'or to their dependent in accordance with $e laws of the sole in which the work is to be, done. The Seller
shall also party comprehensive general liability including. but not limited to, comanal and automobile public
liability im-lane with bahly injury and deed limits of n least S300,000 for any one perou. SSN,oW for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise acquire his
contractors, if any, to provide far such comperrsation and insurance. Before any of the Seller Or his conarsoclors,
employees shall do any work upon the premises of others, the Seller shall fiemish the Purchaser with a candidate
that such amemensutimt and m ru a have been provided. Such ceramics shall specify the date when such
compensation and insurance have been provided. Such currents, shall specify me date when such compensation
and amurmme expire. The Sella agrees that such compensation and insurance still be mainmin d until and the
entire wok is compleld and zccepped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
I he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
Or nature whatsoever to persons or property comed by or resulting form the execution of the work provided far in
Nis pumbase ord...... correction harewith. The Seller will indemnify and hold harmless the P... Iowa and any
or all of Nd purchasers ofcers, agents arrd employees form and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whMer to persoe, or property tu which the Purchaser may
be put or subject by rcaaou of any act, action, soldier, amassion or default on file pan of the Seller, any arras
compactors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default crib, Seller army of his commdors or any of its or
their officers, agents or employees as afodaid, the Seller hereby agrees to assume no defense tha e f and fie
defend the same at the Sellers own expense, as pay my and all count chvges, illomeys fees and other expenses,
any and all judgment that may he induced by or obtained agaimp the Ptmhdwr or any of its or their officers,
agent or employees in such suits or other proceedings, and in case jurymen, or other lien be placed upon or
obtained agaidsr the properly cribs Purchuer, or said parries in or as a al of dish 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 mile all safety precautions, fum¢h and irapill ail guards necemry, for line prevention of
accidents, comply with all Laws and regulations with regard to safety including, but wlNeo limitation, the
Occupmioal Safety and Health Ad of 1970 and all rules and nallaiors issued plasmas Remo.
Revised 0312010