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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9145149PO PURCHASE ORDER 914514er Page C117/ of PURCHASE 9145149 1 of 3 Flirt Collins This number must appear /_^!'`�—J`-' ` on all invoices, packing sli s and labels. Date: 09/08/2014 Vendor: 109184 Ship To: MIS LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 215 N MASON, 3RD FLOOR FORT COLLINS CO 80525-1007 FORT COLLINS CO 80524-4408 Delivery Date: 09/08/2014 Buyer: ED BONNETTE Note: PER QUOTE #74336 DATED 8/19/14 FROM CINDY JACQUOT TO JOHN HUSTED. WMWARE SUBSCRIPTIONS AND SUPPORT. Line Description Quantity Ordered UOM Unit Price Extended Price 1 VMware SUPPORT & SUBSCRIPTION 1 LOT LS 1,470.00 TERM: 11/7/14-9/9/15 QTY (2) Lewan & Associate Doc#74336 2 VMware SUPPORT & SUBSCRIPTION 1 LOT LS 1,296.00 TERM: 6/10/15-9/9/15 QTY (6) 3 VMware SUPPORT & SUBSCRIPTION 1 LOT LS 4,038.00 TERM: 12/3/14-9/9/15 QTY (6) 4 VMware SUPPORT & SUBSCRIPTION 1 LOT LS 424.00 TERM: 5/09/15-9/9/15 QTY (1) 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 Forl 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 PO PURCHASE ORDER 914514er Page C117/ of PURCHASE 45149 2 of 3 Flirt Collins/ Thisnumbermustappear "_`v`, ` V on all invoices, packing sli s and labels. n �y1, i I4 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@fogov.com Total $7 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 3 of 3 1. COM.MERCLV,DETAILS. Tax exemptions. By statute the City of Fod Collars is exempt from state and local taxes. Our Exemption Number is 11. NONWANER, 98-04503. Federal Excise Tax Exemption Cedifimte of Registry 84-6000587 is registered wilt the Collector of Failure of the Purchaser to insist upon shim Performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutes 1923, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS RD ECI'ED due to failure to meet specifications, either when shipped or due to deficits of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any nght of the damage in transit, may be returned to you for credit and ate not to be replaced except upon receipt of written purchaser to insist upon strict Performance berfo for any of its rights or remedies as to any such goods, regardless institutions from me City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any mmpoded oral modification or rescission of this purchase order by the Purchaser operate us a waiver of my of the terms Impectian. GOODS are sebjmt to the City of Fort Collins inspection on amSal. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. aathodmd payment oa the part of the Ciry of FOR Collins. However, it is to o understood that FINAL Seller and the Purchaser recognize that in actual ec is practice, o ercbar,as resulting from antirruat nt ACCEPTANCE is dependeupon completion ofall applicableamored inspection procedures, violations are in fact home by the Purchaser. Theremfrc forgoodcause and as consideration for executing this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOB., City of FOR Collins, 700 Wood SL, Fort Collins, CO 80522, unlrn' a,mard under federal or shoe antitrust lawn for Such overcharges relating to die particular goods or services atherwise specified oa his Role,. If permission is given to prepay freight and charge sepamtely, the original freight prrchoaed or acquired by the Purchaser panuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in vadem, pads of the country, shipment is expected from the nearest dranbution Point W destination, ape excess freight will be deducted from Invoice when Shipments me its from greater distance. Permits. Seller shall procure al sellers sole cast all necessary permits, certifimres and licenses required by all applicable laws, regulations, ardinanm and notes of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly conniuned public authority having jurisdiction over the work of vendor. Seller Porker agrees to hold the City of For Collins homless from and against all liability and loss incurred by them by rumor of an rescued or esmbliehel vimmum of my ouch laws, regulations, Ordinances, roles and mquiremen ,. Aumonxatina All pities ro this contact agree thin the represcromwes are. in fact, bona fide and povev fan and complete rathonry m bind mid Parfie, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance go the If. and corrditiaas sorted herein set form and my supplementary or additiorel terms and conditions annexed hereto Or ittcoryrm¢d herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCI IASING AGENT immediately ifyhu cannot make complete shipment m arrive on your promiseit delivery dam as n owl lime is of the essence. Delivery and pedammnec mail be iff ifid within the time stated on the purchase order and the documents ammhed hereto. No acts of the Purchasers including, without lamination, acceptance of pariah late deliveries, shall operate us a waiver of this provision. In the mint of any delay, the Purchaser shall have, in addition to other legal and ctlmarble remedies, the option of placing this order elsewhere .it holding the Seller liable for damages. However, the Seller shall trot be liable far damages as a result of delays due to causes not reasormbly foreseeable which are beyond its reasonable central and withaur its fruit of negligence, such ants OfGOQ acts ofeivil Or military aodu rdies. governmental priorities fires, strikes, flood, epidemics, wars or rims provided that maim of the conditions causing such delay is given to the Purchaser 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 be exte dcd for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all'La h. anodes, finanials and work covered by this order will conform with applicable drawings, specifications, samples and/or Other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards fro work of a amid. torture. The Sever agrees fop hold the purchaser hvmless form any loss, dannage or expense which the Purchaser may inner or incur on account of the Stolen breach al warranty. The Seller shall rellase, repair or make good, without cost to the purchaser, any defects in faults arising within one (1) year or within such longer period of lime as may be prescribed by law or by the terms of any applicable wananry provided by the Seller after the dam of acceptance of the goods fumishrs hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchase shall not institute a waiver of any claim under this warmuty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profs or loss 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 tenors by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal terms, including William, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal Or written change order. If any such change affects thrumming due or the time of performance hereunder, un equi rble adjustment shall be made. 6. TERMINATIONS. The Purchaser carry at any time by written change order, hi miwte this agreement as to any or all portions of the goods then not shippers, subject to any equitable adjnstmrnl between the parties as many work or materials then in progress provided Nat the Pu¢huaer shall rest ha liable for any claims for anticipated prefix ern me uncompleted ponim of the goats atlNor work, for incidental or consequential damages, anal that no such adjustmeat ha ran& in Liver of me Seller wire —peen to any woodi which are rue Sellers standard sock. No Such termination shall relieve the Purchaser or the Seller ofany Of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim Car adjustment nmsr be asserted within thirty pip days from 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 &met complianue with ail applicable laws and regulation to which the goods are mbjeet. The Seller shall execute and deliver such documents as may be Requited] to effect or evidence compliance. All laws and regulations remained to be ncommented in agreements of this duration are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this oiler, or any monies due or in become due hereunder without the priorwnden consent of the other party. 10. TITLE. The Seller who— s full, clear and umesmcted are to the Purchaser for all equipmrnt, rwmnals, and items fiuooded n perform of this agreement, free and clear of any and all liens restrictions, reservations, rvatio, worry irate-t rncumbso ccs and claimsafahers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cameo nonconforming or defective minds by a date to be agreed upon by the Purohuer and the Site,, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser nay cause the work to be pert rs by the most expeditious roans available to it, and the Seller shall pay all costs associated with such work. T he Seller shall releme the Purchaser and its contactors of any her from all liability and claims of my nature resulting from the performance offhch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend a the directors, officers and employees of such p rdy. The Settees command obligations, including warranty, shall net be deemed to be reduced, in any way, becaue, such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, interval Or process covered by letter, patent, trademark or copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use Of such pmemed design, device, material ar process in connection with the chairxt, and shall indemnify the Purdmser fin any cost, expense or damage which it may be Obliged to pay by reason of such inliingenrenf at any time during the pmarrin ng or Be,athe completion of the work. In case said equipment, Or any part thereof Or the intended use of the goods, is in such snit held to hat infinge rgan and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the fight to continue using said equipment or Pads, replace the same with substantially equal but noninGnging equipment, or mndify it So it become coninfngirg. 15. INSOLVENCY. If the Seller Shall become imolvent Or baMrvpt, make as assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property Or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interyremtian of the agreement and the rights Of all parties hereunder shall be constmed under and governed by the laws ofthe Stare ofColorudo, USA. The following Addo marl Conditions apply only in where the Suter is to pedoam work hereunder, inchrding the services i f genes Rcrowenmtiv Hs), oa the premises ofothers. Ti. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellees own risk mail the tame is fully completed and aeogroo , and shall. in u of any accident, demmdion or injury to the work andor materials before Seller's final completion and ,acceptance, complete the work of Sellees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by Others for installation or erection by the Seller, due Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials maker equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, m his own expense, pmvide for the paymrnt of workers cumpensalim, including acupaumual disease benefice, ro its employees employed on or in connection with the work covered by this pumhaze 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 ofat least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors vnployees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate rhar such compensation and insurance have been provided. Such in rifrmes shall specify the date when such compensation and utaurance have been provided. Such cenificarn shall specify me dare when such compensation and insurance "Pins. The Seller ayrtn Uar such mmpenmtion uW itnurvres shall be moinbincd until after he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller M1ereby assumes the entire responsibility and liability for any mad all damage, lass or injary ofany kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any r all of the Purchasers officers, agents and employees tram and against any and AI claims, losses, damages, charges Or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pat or subject by reason of any act, action, neglect, omission or default on the pars of the Seller, any of his contractors, o any of the Sellers or rontrzmors offi agents or employees. In case any fair or other proceedings shall be brought against the Purchaser, or its offices, agents or employees many time On account or by rtason Of any not, action, neglttt, omission or default Of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees an assume the defense Nerof and to defend the Same at the Sellers own expense, to pay any and all costs, charge, amomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their m1 icers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase. or said parties in or as a result of such suits or other proceedings, the Seller will at once or. the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all Safety precautions, Though and install all guards neessmy for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimrion, the Oaupatimal Safety and Heald Act of 1970 and all rules and tegularior¢ issued pu.t distress. Revised 07/2014