HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9145035Fort Collins
Date: 09/03/2014
Vendor: 109184
LEWAN & ASSOCIATES
1608 S COLLEGE AVE
FORT COLLINS CO 80525-1007
PURCHASE ORDER
PO Number Page
9145035 1ef2
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: 09/02/2014 Buyer: ED BONNETTE
Note: GALAXY SOFTWARE PREMIER SUPPORT, TERM 1/31/15-1/30/16.
PER QUOTE #74472 DATED 8/28/14 FROM CINDY JACQUOT TO JOHN HUSTED.
Line Description Quantity UOM Unit Price Extended
Ordered Price
i GALAXY SOFTWARE PREMIER 1 LOT LS 44,448.00
SUPPORT-DPA
Lewan Doc474472
Support Term: 1/31/15-1/30/16
Total $44,448.00
4'j,,.lj
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
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. COM6fERC1ALDETAILS.
Tax exemptions. By statute the City of Fog Collins is exempt from state add laat taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
humnml Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in grant, may as rammed to you for credit and art not to be replaced except man receipt of written
in.. foam the City of Fort Collies.
Inspection. GOODS am subject to the City of Fog Collin inspection on arrival.
Final Acceptance. Receipt of the merchandise, savias or equipment in response P. this order ce result in
authorized payment on the pan of the City of Fug Collins. However, it is to be understood that 12INAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, AS) Wood St., Fort Collins, CO 80522, unless
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the origin.] freight
bit] most accompany invoice. Additional charges for packing will not be accepted.
Shipment Rumors. When, manufacturers Lase distributing points in various Pans of the country, shipment is
expected (ram the freest distribution point to destitution, and excess freight will be deducted from Invoice when
shipments are made wen greater distance.
Pemba. Sella shot] prorate .t sellers .to cost all ne elsal pemtits, emifcares and licenses required by all
applicable laws, rapdalions, ordinances and rules of the state, mmeripmity, territory or political irradiation where
the work is performed, or «gnired by any other duty constituted public authority Lavingjtmsdellon over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from ..it ngnina all liability and loss
incurred by them by reran of an asserted or established violation of any such I... candatlons, .auto.., rules
and requirements.
Authorisation. All parties 1. this cuob ce, agree But de representatives are, in hurt, Mon file and paasess fall are,
complete nmhoriry to bind and parties.
LIMITATION OF TERMS. This Purchase Order expressly limier rompmnce to the tamers and canditiors stated
herein set high and any supplementary or additional terms and conditions annexed harem or Inco Era raed herein by
rerrgave. Any additional nr different law, and conditions proposed by seller am objected re vad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyor cannot make camplme shipment to arrive net your
promised delivery date as noted. Time is of the essence. Delivery and performance most be elTeated within the time
stated on the purchase order and the dauments attached herein. No eas of the Purclouers including, without
limitation, acceptance of partial late deliveries, shall and, as a waiver of this pmrision. In the event ofany delay,
the purchaser shall have, in addition an other legal and equitable remedies, the option of placing this under elsewhere
.ad holding the Sella liable far damages. However, the Seller shall rat be liable far damage as a result of delays
due to causes not tcassmbly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts ofG.d, acts of civil ar military mulawmes, goventmental priorities, fires, strikes, flood, epidemics, wars or
rims provided that notice of the conditions causing such delay is given to the Forearm, 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 he
extended for the period equal ter the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wamnu Brat all goods, articles, mammals and work covered by this under will conf with applicable
drawings, slsccificatiom, samples endfur other esseiptions given, will be fit for the purposes Pleaded, and
perforated with the highest degree of care and competeruc in accordance with accepted sundards for work of a
similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warr.nty. The Seller shall replan, repair or make
good without cost to the purchaser, any defects or faults arcing within one (1) year or within such longer period of
rime as may be prescribed by law or by the terms of any applicable wamamy provided by the Seller eRer the date of
accordance of the goods famished hereunder (accti nmce not to be unreasonably delayed), resulting from impegi t
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall net
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the broth of any of the foagoing wananriss
or gamm us s, but such liability shall is no event include loss of profits or lo%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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purcbacer may make any changes to the laws. other tit n legal temu, including additions to or deltnens from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time offerformance himmormr, an equitable adjuvment shall be made.
6.TERMINATIONS.
The Purchaser may at any time by written change order, ..—a-. this agreement as so any or all portions of the
goods then not shipped, subject o any equitable adjustment between the parties az m any work or materials that in
progress provided that the Purchaser shall not be liable I'or any claims for anticipated profirs on the uncompleted
region of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect Ta any goods which arc the Sellers standard stock. No such tempi ation shall rel rave
the Purchaser or the Seller of any criteria obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be restated within dirty DON days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods said hereurder shall have ben produced, sold delivered and fumished in strict
compliance with all applicable mews and regulations to which the goods are subject. The Sella shall execute and
deliver such documen6 as may be required to effect or evidence compliance. All laws and regulations required To be
nuf orated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m
indemnify and hold the Purchaser hmmlesx from all cut. and damages mRered by the Purchaser os a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, formula, or canny this mile, or any monies due or o become due herewda without the
Our wiirtm consort oftlo odcr parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fumished
in performance of this agreement, free and clear of any and all limn, restrictions, reservations, security interest
encumbrmces and claims of oilers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strip pert rgance of the terms and conditions bercoL failure or delay to
exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
re ach,tthe acceptance of or payment for goods hereunder or approval cribs design, shall not release the Seller of
any of the wmganties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, irgard sees
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmpoged
and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or lacconer
acquired made, federal or state antitrust laws for such ovemhages relating rat the pmticuum goods or services
Purchased or acquired by the Puahaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I Dum Purchaser directs the Seller to merger nonconforming or defective goods by a date to be agreed upon by The
Purchaser and the Sella, aml The Seller deroner indicates its birthday, an unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature
resulting from the perfrmtance of Such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
direcon, officers and employees of such party.
The Sellers continental obligations, including warcanty. shall rim be daw arl to be 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, materiel or process cu screl by letter, paterg, Padenurk
or copyright, the Seller shall indemnify and save hamdess the Purchaser faontiny and all claims for infringement
by reason of the use of such patented design, device, material ig process in connection wilh The camrot, and
shall indemnify the Purchaser for any cast expense or damage which it may be obliged to pay by rmsun of such
infringement at any time during The Emanation or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to connotum infringement and the sew of
said equipment or paw is enjoined the Sella shall, at its own expense and at its option, either Ensure for the
Purelxavtt the right to continue using said equipment or parts, replace the same with substantially equal but
amnfnGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or banl:wpe make an assignment for the benefit of creditors, appoint a
of trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaserwehaut liability.
16. GOVERNING LA W.
The defirddoos of.. rued or the interpretation of the agreement and the tights of all parties hereanda shall 1w
coretmed dome and governcal by the laws oftbe State of Colorado, USA.
The following Additioml Conditions apply only in cases where the Seller is to perform work hereunder,
including the inner as of Sellers Rummanmtive(s), ma the premises ofollncrs.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work andror materials before Seller's final completion and
acceptance, complete The work at Seller's awn expense and in the s mmostion of the Purchaser. When materials
am equipment are fumished by others for instillation or erection by the Sella, the Seller shall meeive, unload,
sore and maple same at the site and become responsible therefor, a5 Bough such ma airk aadror equipment
were being.fumuhcd by the Seller ruder The order.
I&INSURANCE.
The Sella shall, a his own experaw, provide for the payment of workers ampensation, including ca cupational
disease benefits, to its employees employed an or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done, The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,(KKI for any
one accident and property damage limit per accident of $400,", The Sella shall likewise require his
contractors, irony. to provide for such compensation add magros c. Before any of the Sellers or his contractors
employes shall do any work upon the premises of others, the Sella shall formula the Purchaser with a cenifcne
that such mmpemows and in georme have been provided. Such smificues shall specify de dam when such
omperesmon and insuaae have been provided. Such certificates shall specify the doe when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be =mmmu until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respoeculdliry and liability for any and all damage, loss or injury of my kind
or newts whatsoever to persons or property caused by or resulting fmm de execution of the 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 offrins, agents and employees from and against any and all claims, losses, damages,
charges or cxpersus. whether direct or Painter, and whether to resources or property, to which the Purcha may
be put or subject by reason of any ar, action, neglar, omission or default on the pan of the Sella, any of his
contest or any of de Shcen or contractors officers, agents or employees. In cane any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any rime on amount 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 m
defend the same at the Sellers own expense, to pay any and all costs, charges, atwmeys fees and other expenses,
any and all judgments that may he incurred by or obmined against the Purchaser or my of its or their .dicers,
agents or employers in such suits or other proceedings, and in case judgment or oiler lim be placed upon or
obuived against the preperry of the Purchaser, or said parties in err as a result ofsuch suits car other proceedings,
the Seller will an once cause de same w h diasolval and discharged by giving bond or mherwiw. The Seller and
his ...,am shall Pike all away praautimu, furnish and inswll all goads naesmry for d, prevention of
accidents, comply with all laws and regulationes with regard to safety including, but without limitation, the
Occupational Safety and Truth Act of 1970 and all rates dM regulations issued pursuant thereon.
Revised 07R014