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HomeMy WebLinkAbout478740 COMMVAULT - PURCHASE ORDER - 9145598Fort Collins Date: 09/26/2014 Vendor: 478740 COMMVAULT 2 CRESCENT PLACE BLDG B OCEANPORT NJ 07757 PURCHASE ORDER PO Number Page 9145598 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 09/25/2014 Buver: ED BONNETTE Note: Line Description """""y UOM Unit Price cxcenueu Ordered Price Premium Support Coverage 1 LOT LS 14,275.80 11 / 14/2104-11 /1312015 COMMVAULT SOFTWARE MAINTENANCE RENEWAL FOR POLICE SERVICES IT, PER QUOTATION FROM KERRY MOSS DATED 8/14/14. VENDOR: PLEASE NOTE CURRENT CITY CONTACTS, AS THEY MAY HAVE CHANGED: MATT LEE, (970) 221-6627, mlee@fcgov.com JESSE OLIVAS, (970) 221-6211, jolivas@fcgov.com 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 Irchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax examination, By statute the City of Fon Collins is exempt from stem and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60o0587 is registered with the Collector of Imemal Revenue, Denver, Colorado (Ref Colorado Revised Societies 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 transit, may be returned to you for credit and are not to be replaced except upon receipt Of written instmctions from the City of Fort Collins. Inspection. GOODS are subject to the Ciry of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or cgsquacry in response to this oNer ran result in emhorized payment on the pan or the City of Fort Clifim. However, it is 10 be utders edit that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection pr aroduces. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Callus, CO 80522, unless otherwise specified on this order. If Pennission is given to prepay freight and charge separately, the original freight bill must accompany invoice. All charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the crest distribution in, to destination, and carves freight will be deducted for Invoice when shipments are made flown greater door.. Pmnits. Seller shall procure at sellers .tale cost all necessary som us, arlifiwles and licema agoimJ by all applicable laws, regulations, odiuvnm and rates of the scam, municipality, territory or Political subdivision where the work is performed, or required by any other duly wcknotted public authority havogjurisdiction over the work of vendor. Seller further agrees to hold the City of Fall Collins harmlesn fmm and against all liability and loss named by them by mown of an occurred or established violation Of any such laws, regulations, ordinances, rates and requirements. Authorinwinn All patties to this wnirAl agree tact be representatives ore, in fact, was fide and possess full and amplea, authority to bind said parlics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set forth and any supplementary or additional terms and conditions annexed harem or incorpamled herein by reference. Any additional or different terms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment or All on your promised delivery date as noted. Time is of the essence. Delivery and performanse rated be, effected within the fire stored on file purchase oNer and the documents counted hereto. No aca of the Pamha,ers including, without [imitation, acceptance of partial late deliveries, shallopawc as a waiver of this provision. In the event ofully delay, the Purchaser shall have in addition mother legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. ]feweveq the Seller shall not be liable for damages u a result of delays due to couses not normally, foreseeable which are beyond its reasonable control and without its fault cf negligence, suet nets of God, as i fe,vil Or military authorities,...command priorities, fires, strikes, flood, epidemics, wars Or riots provided that notice 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 extended for the period equal to the time actually lost by reason of the defy. 3. WARRANTY. The Seller woman. that all good, articles, material and work covered by this voter will conform with applicable drawings, specifications, samples and/or other discriptiom given, will b, lot for the pummes intended, and Performed with the highest degree of rare and competence in accordance with accepted standard for work of a mils nature. The Seller opera to hold the pmchaser harmlas from any lass, damage or expense which the Purchaser may suffer or incur on account office reach e Sellers bof learr4nry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer pefiM of time ns may he poseribed by law o, by the rams of my applicable warranty provided by the Seller site, the date of acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onslimre 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 breach of any of the foregoing warranties or guarantees, but such liability shall in rut event include loss Ofpmfifs or loss of.. NO IMPLIED WARRANTY OR MERCHAbTADILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wooers change order. 5. CI IANGES IN COMMERCIAL TERMS. The Vurchaver may make any changes io the terms, lather Nan legal urri including addition. m or deletions from the q.amitiea Originally ordered in foe specifications or drawings, by verbal or written change order. If any such charge affects the amour due or little of performance berwnder, an equitable adjustment shall w male. 6. 1 ERMINATIONS. The Purchaser may at any time by isnum change will termiatm this agreement as to any or all punims of the goods then not shipped, subject to any equitable adjustment between the parties a, fo any work or moterials then in progress provided Nat the Purchaser shall not be liable (a, any claims for anticipated Profits on the uncompleted portion Office goods andlnr work, for incidental or consequential damage., and tam no such a alwardenl the made in favor ofNe Seller with spat to any goods which One file Sellers standard stork. No such termination shall relieve the Purchaser or the Seller ofany of their, abligaions as m any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be cloned within thirty (30) dap from the date the change or mnninetion is ordered. 8. COMPLIANCE WITH LAW. The Seller wairanls that all gawk sold hereunder shall Love been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to immunity and hold the Purchaser bamnless fmm all cases and damages suffered by the purchower as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pry shall claim, transfer, or convey this under, or any monies due or m become due hereunder without the prior written consent ofNe other party. HI. 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 clear of any and all liens, enrictions, reservations, security interest encumbrances and claims o f others. 11. NONWAIVER. Failure of the Purchaser W insist upon court performanw of the tams, and andame s hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech the acceptance of or pu,,a., far goods hereunder ar upproval of the called, shall not rrlece the Seller of any Of the warranties or Obligations of this purchase order and shall not be deemed a waiver of any n,ht of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received or awepred as to any prior or subsequent default hereunder, nor shall any purported oral modification or rtuission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic goal overcharges resulting fmm antioust violatiom are in fact blame by the Purchaser. Theretofore, forgoodcause and in consideration for executing this pamece, order. the Seder hereby resign, to the Purchaser any and all claims it may how have m hereafter acquired under federal or stale narrow laws for such overcharge relating to the particular good, or services purchased Or acquired by the Purchaer pursuant to this purchase order. 13. PURCHASERS 1117RFORMANCE OF SELLERS OBLIGATIONS. lffhr Purchase, coach the Seller to worker nonconforming or defvvlive goods by a dote to be agreed it... by the Purchaser and the Seller, and the Seller flareafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most extraditions means available to it, and the Seller shall pay all coats associated with slash work. The Seller stall mleau the Purchaser and its wmracmrs of any net from all liability and claims of any nature resulting from the performance of such work. This releax shall apply even in the event of fault of negligence of the party released and shall extend 1. the tria rs, officers and employees Ofsuch pry. The Seller's commercial obligations, including warranty, shall not be deemed be 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, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and stun hmml¢s the Purchaser tram any and at claims for commonweal by reasov of the use of such patenled design, clause, material or process in connection with the contract, and shall indemnify the Purchana far any cost expiator r or damage which it may be obliged 1. pay by reason of such infringement at any time during the prosecution or aver the completion of the work. In case said equipment, or any pan lhcau f or the intended use of the goods, is in such suit held in coatin a infringement and the use of said equipment or pan is enjoined. the Seller shall, at is own expense and at its option, either preack for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes milinfringin, 15. INSOLVENCY. If the Sella shall become insolvent or bookmpt make an assignment for the beneffl of creditors, appoint a cleaner 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 i ftctms used or the interpretation ofee agreement and the nght, ofall panic herrunder shall be c000tmed under and govcmrd by for laws ofNe Stem of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Representative(,), on the premiss ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destmetion or injury to the wnrk and/or materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and beome responsible therefor ac Nought such materials unfair equipment were being fumished by the Seller under the archer. 18. INSURANCE. The Seller shall, a1 his own existence, provide for the payment of workers comprnsalion, including occupmiovl disease benefits, to its employees employed an or in connection with the work covered by this purchase order, andfur to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry compichery ve general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one pars a 5500,000 for any unaccident and property damage limit per secure, of $400,000. The Seller shall likewise require his tractors, if cry, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall bunish the Purchaser with a certificate chat such compensation and insurance have been provided. Such certificates shall specify the late when such compensation and insurance have ban provided. Such certificates shall specify the date when such con wince ion and Remove expires. The Seiler agrees that such compensarion and insumnre shah M maintained until after the mlire work is completed and ncepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass . he entireno,coibiliry and liability for any and all damage, loss or injury of any kind or nature whatsoever m persores or property caused by w mulling from the execution of the work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pecans cr property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contmetors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against file Purchases, or its offices. agents ar employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or Nei, ORcc l agents or employees ae aforesaid, the Seller hereby agree m assume the defense thereof and to defend the same at de Sellers own expense, m pay any and all... comes, atmrnal fees and other expenses, any and all judgmena that may be incurred by or obtained against the purchaser or tiny of its or their officers, agents or employees in such suits or other pmcecdill and m case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other pmceedivgs, the Seller will at once cause the same A be dissolved and discharged by giving band or otherwise. The Seller and his contmdors shall take all safety precautions, famish and install all guards necesmry, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hanc Act of 1970 and at tales and regulations issued pursuant thereto. Revised 07aOi4