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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9144881Fort Collins Date: 08/22/2014 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS CO 80525-1007 PURCHASE ORDER PO Number Page 9144881 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: 08/21/2014 Buyer: ED BONNETTE Note: PER QUOTE #74167 DATED 8/11/14 FROM CINDY JACQUOT TO JOHN HUSTED. DELL MD BACKUP STORAGE. Line Description Quantity UOM Unit Price Extended Ordered Price i POWERVAULT MD3860i QTY (1) 1 LOT LS 48,877.00 LEWAN QUOTE#74167 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 Total $48,877.00 Pay terms net 30 days 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 Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Intent.] Revenue, Denver, Colorado (Ref. Colorado Revised Smmlcs 1973. Chapter 39 26. 114 (a). Goods Rejector. GOODS REJECTED due to failure to meet sperifewimes, either when shipped or due to defeaO of damage in uninsil, may he remove to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject ill the City of Too Collin inspection on arival. Final Acceptance. Receipt of the merchandise, u nor equipment in response to this order can result in aurholond payment on the pan of the City of Foe Collins. Floweeq it is to M understood that FINAL ACCEPTANCE is dcpende t upon compinion of all applicable required inpntion procedures. Freight Terms. Shipments must M ROA-, City of Fort Collins, 700 Wood St,, run Collins, CO 80522, unless dounisu Occupied on this order. Ifpemri,don is Given , prepay freight and chm, scritate , the original freight bill mast recompeny invoice. Addaionul charges for packing will not M accepted. Shipment Distance. Where manufacturers have distributing points in varion, pans of ,he country, shipment is expected from the nearest distribution point to destication, and excess freight will M deductad from Invoice when shipments art made from 6come, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcams and licroses required by all ...bauble laws, regulations, St innnces and rules of the slate, municipality, territory or political subdivision where the work is performed, or r crinsd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold he City of pun Collin harmless from and against all liability and loss it,red by hem by reason can of asserted or established violation of any such laws, regulation, .Ni... res, rules inni manta. Authorization All partial to this contract agree that the representatives art, in fact, bone fide and possess full and omelet, authority . bind said ponies. LIMITATION OF TERMS. This Particle Order expressly limits accept.,,,, 1. the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or transplanted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your Promised delivery date as..led. Time is of the a arum. Delivery cad performance most M eficand within the time stated on the purchase order and the documents mooched harem. No acts of ILe Purchasem including, without limitation, everpbmce of pmid late dclimlorl, shall operate as a waiver of this provision In he event crony delay, he Purchaser shall have, in addition a the, legal and equitable remedies, he option of placing this order elsewhere and holding the Seller liable for damages Howevea the Seller shall not be liable for damages as a result of delays due to causes not reautmbly foreseeable which we beyond its reasonable wmrol and without its fault of negligence, such aces of Gn, eats ofeivil or military amM,hes, gonmmenlal priorities fices, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to he Purchaser within five (5) days of he time when the Seller first received knowledge Hereof In the event of any such defy, the date of delivery shall be extended for the period equal to he time actually lost by reason of the defy. 3. WARRANTY. The Seller wmmnts that all goods, articles, materials sal walk mount by this other will confirm with applicable dmwi.gs, specification, samples mdtor other descriptions given, will M fit for the puepu handed, and pert n with the highest degree of can and rompers, in accordance with accepted smndmds for work of a cad. nature. The Seller agrees to hold the purchaser harmless fro any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty, The Seller shall replace, repair 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 arms of any applicable warranty provided by the Seller after the date of acceptance of the goods moral Mreunder (wentern ram to M memorably delay,), resulting from importer, or defective work done or materials fumishe by the Seller . Acceptance or use of good by he Paschal shall not can.. a waiver of any claim under this.,y. Except as mherwiu provided in this purchase will the Sellers liability hereunder shall extend to all damages proximately most by the breach of any of the foregoing wammies or guarantees, but such liability shall in no event include Ins ofptofits or lass of use. NO IMPLIED WARRANTY OR MERCHAN I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purthaser may mass, changes to legal arms by written charge at&, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal moms, including additi m to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change older. If any such change affects the amount due or the lime of performance hereunder, an equitable adjustment shall he made. 6. TERMMATIONS. The Pwchmer may al any 11. by wrten change order, termim¢ this agreernem m to any or all portion of the good then not shipped, subject to any equitable n)usamem hatwmr he Partin as to my work or materials then in mogren provided that the Purchaser shall not be liable for my claims for womplan d props on the uncompleted Portion of the good andfor work, for incidental or comequential damages, and that no such adjustment be made in favor of the Seller with respect to any guod which we the Sellers standol stock. No such termination shall rel tee the Purchaser or the Seller of any of their obligations in to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most M asserted within Nice (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all good sold hereunder shall have been produced, said, delivered and famished w strict compliance with all applicable laws and regulation m which the good arc subject. The Seller shall execute and deliver such documents M may be required 10 effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to unmannerly and Mid he Pumhaser harmless from all ants and damages sufeM by the Purchaser as a result of the Sellers failare to comply with such raw. 9. ASSIGNMENT. Neither Early shall sign tranl or convey this order, or any monies due or to become due hereunder without the poor waivent consent ofhe other party. 10. TITLE. The Seller wammis full, clear and connected age to he Purchaser for all aryipmm,, mmeriah, and it. fiuvishe in performance of this agreement free and clear of my and all lien, restrictions, reservations, security unclear ceambria. and claims of others. II. NONWAfVER. Failure of the Purchaser to insist an strict performance of the a. and conditions hereof, failure or delay to oxerche any rights or remedies provide herein or by law, failure to promptly notify the Seller in the event of a breach, he accep. of or payment for gosh hereunder or approval of the design, shall rot release the Seller of any of the warranties ar obligations of this purchase order and shall not M decimal a waiver of any right of the purchaser to insist upon strict perfonw ace hereof or any of its rights or remedies or to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or narration of this purchase order by the Purchaser operate as a waiver of any of the terms Mann. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recognize that in mtwl economic practice, overcharges resWin., from antitrust violator aR in fact home by the Purchase, Theretofore, far Good cause and as consideration far executing Nis purchase order the Seller hereby aso,r, 10 the Purchaser any and all claims it may now have or hereaM, acquired under federal or state whourst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGA]IONS. If the Purchaser directs the Seller to correct tmnwnfa,ming or defective Goods by a date to M agreed upon by he Purchase rub he Seller, an the Seller thenuner indicates its inability or mancillingress to comply, Be Purchaser may cause the work to M .,derma by the mast expedition m,am available 1. it, end the Seller shall pay all wars ayselxte with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performme, of such work. This release shall apply een in the event of fault of negligence of the pony, released and shall emend to he directors, officers and amployees of such Early. The Sellers minarmal obligations, including war any, shall or he deemed 10 be reduced, in any way, because such work is .,donned or caused to Ire performed by the Purchaser. 14, PA I'EN IS. Whenever the Seller is acquire to use any design, device, mmmal or pracess coveted by letter, pmmL trademark or copyright, the Seller shall indemnify and rave harmless the Purchaser from my and all claims fro infringement by reason of Race use of such pilenle design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may M obliged to Pay by reason often infringement a1 any time dune, the pirucclion or site, the completion of the weak. In case said equipment, or any out thereof or the intended use of the goods, is in such sail held to consulate infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for he Purchaser the right to continue ruing said equipment or pans, replace the same with substantially equal but naninGngin, equipment. or modify it so it becomes nminfringing. 15. INSOLVENCY. If he Seller shall become insolvent or back ou, make an assignment for he bane ft of creditors, optimal a receiver or trustee for any of the Sellers progeny or business, his order may forthwith be canceled by he Purchaser without liability. 16. GOVERNING LAW. The defrdtion ofterns used or the imer,medion of due agreement and the rights open parties baemder shall be command umber and goonsad by the laws ofhe Scale of Colorado, USA. The following Additional Condition apply only in cases when the Seller is to perform work hereunder, including the service, of Sellers Represenmtive(A, oa he premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the tome is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work mdfor mmerials before Sellers fret completion and acceptance, wmplee the work at Sailors owes expense and to he samisf etion of the Purchaser. \Vier, matmah and equipment arc famished by others far installation or erection by the Seller. the Seller shall nccive, unload, store and handle same at the site and become responsible therefor us though such materia6 We, equipment were being fwnishn by the Seller under he order. IF. INSURANCE. The Seller shall, at his awn expetwe, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in exmneclion with the work covered by this purchase order, rather to heir dependents in accordance with the laws of the state in which the work is to M done. The Seller shall also carry comprehensive general liability including, hot na, limited to, contractual vW automobile public liability laminae with beftly injury and death limits of a, lemt s3tg,Wp for any one parson. S5W," for my cmaccident and property damage limit per accident of $400,000. The Seller shall likewise require his nactors, if any, to provide for such co opnnmiun and imurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Sel let shall famish the Purchase with a owarimm that such campemrmair and instance have Men provided Such mummies shall specify the date when such compensation and insurance have been provided. Such certificates shall specify he date when sock compensation and insurance expires. The Seller agrees that such cournwroution and insurance shall be mswmwed until after he .,in work is completed and weapon. 19. PROTECTION AGAINST ACCIDEN rS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, Ins or injury of any kind or nature whatsoever W persons or property caused by or resulting from the execution of the work provided for in this pumhase order or in comenion herewith. The Seiler will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, harges or expenses, whether direct or iodine,, and whether to person or pre may to which the Purchaser may be pm or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, my of his ammeters, or any of the Seller or commercials officers, agents car employees. In con, any snit at chef proceeings shall be bm i i t stations, the Purchaser, or its officers, agents or employees at any time on account or by reason of any rat, nation, neglect, omission or default of the Seller of any of his contractors ar any of its or their otTcers, agents or employees as aforesaid, the Seller hereby agrees io assume the &it . that and to defend he Same al the Sellers own exporter, to pay any and all costs, changes, mmmeys (ens and other Expenses, any and all judgments that may M incurred by or obtained agaimt the Ptsrchaur or my of its or heir officers, agents or employees in such suits or other proceeings, and in case judgment or other lien M placed upon or obmine against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, he Seller will at once cause he same to be dissolve and discharge by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all goads neaemry for the prevention of accidents, comply with all laws and regulation with regadi to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and A) rules and regulation issued pursuml hereto. Revised W2014