HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9145732Fort Collins
Date: 10/03/2014
Vendor: 114178
DELL MARKETING LP
ONE DELL WAY
MS: RR1-35
ROUND ROCK TX 78682
PURCHASE ORDER
PO Number Page
9145732 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: 10/02/2014 Buyer: ED BONNETTE
Note: PRICING PER STATE OF COLORADO/WSCA PRICING AGREEMENT #20511YYY30M/WSCA
AND QUOTATION #692123740 FROM RICK DOMALSKI DATED 10/1/2014.
QTY 50 DELL LATITUDE E6440 LAPTOPS; EPEAT RATING: GOLD
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 DELL QUOTE#692123740
LATITUDE E6440 CTO- CITY (50)
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
69,243.00
Total $69,243.00
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 Fort Collins is exempt from stare and local taxes. Our Exemption Number is II.NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the team sad conditloru hereof, failure or delay to
lateral Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter, 39-26, 114 (a). exercise any aght, or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for golds hereunder or approval oflhe design, shall not release the Seller or
Goods Rejected, GOODS REJECTED due to failure to one specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver Of any right Of the
damage in transit, may he resumed to you for credit and ore not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
insormums from Be City of Fiat Collins. of when shipped, received Or accepted, as to any prior or subsequent default hereundeq nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject To the City Of For Collins inspection on moval. hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the part Of the City of To, Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependentmeancompletion ofall applicable required inspection procedure. violations are in fact home by the Purchaser. Theretoforenforr good cause and as consideration for executing this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, TOO Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharge relating To the particular gad or services
otherwise specified On this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be incepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dishibuting points in various Pans of the country, shipment is If the Purchaser directs the Seller to tracer nonconforming or defective goods by a data to be a greed upon by the
expected from the nearest distribution point he destination, and excess freight will h deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may came the work to be performed by the most expeditious means available to it, and the Seller shall pay al I
cost, associated with such work.
Permits. Seller shall procure at sellers sole and all romper, permits, ccnifcare and licenses required by all
applicable laws, regulations, ordinance end rules of the state, municipality, tertiary or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor Seller further agrees To hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rule
and requirements.
Ardamizntim. All ponies m this combat agree that the representative are, in fact. Farm fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated
herein set fond and any supplementary or additional terms and conditions amexed hereto or incorporated herein by
reference Any additional or different ems and coaddrom propostd by seller are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complee shipment to arrive on your
promised delivery date as noted Time is of The essence. Delivery and performance most be effected within the time
stated on Be purchase order and The documents attached hereto. No acts of the Purchasers including, without
limitabom acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event of any deny,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of pImm, this under elsewhere
aod holding The Sella liable for damages. However, The Seller shall nut be liable for damages as a maul, of delays
due to causes not reasonably foreseeable which are beyond its reasonable annual and without its fault of negligence,
such act, of Gad, acts ofervil or military authorities, gm'emmental priorities, fires, s rams, Mad, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to The Purchaser within five (5) days of the
time when the Sella fora 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 warrant, That all goods, articles, materials and work covered by This order will conform with applicable
drawings, specifications, sample maker other descriptions given, will be fit for the puryoses intended, and
perfr men with The highest degree of care and competence in mcardance with accepted standards for work of a
mils nature. The Seller agree to hold The pu¢ha¢e bmmless from any loss, damage or expense which BE
Purchaser may sufferer incur on account of the Sellers breach of warbnty. The Seller shall replace, repair or make
good, without cost to The Franchiser, any defects or faults aiming within one (1) year or within such longer period of
Me m may M premar b d by law or by the team of my applicable wanmay provided by The Seller after the date of
acceptance of The goods fumishod hereunder (acoepart cum To be rarommuc ably delayed), resulting from imperf t
or defective work done or materials furna ed by The Seller. Acceptance or use of good by the Purchaser shall not
onstimte a waiver of any claim Today This warrant Except as otherwise Revealed in This purchase order, the Sellers
liability hereonder shall extend to all damages Provenly mused by The breach of any of the foregoing computers
or guarantees, but such liability shall in no eve To include loss ofpmfit 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 m legal In— by want change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Nan legal terms, including additions to or deletions from
the quantities Originally ordered in The spaificationa or drawings, by verbal or waned change order If any such
change of" the amomr den or the time of perfomtmce hereunder, an equitable g1justntmt shall M twee.
6. TERMINATIONS.
The Purchaser may at my time by winen change under, terminate this agreement m as any or all portions of The
goods then not shipped, subject to any equitable adjustment benvmn The parties as to any work or materials Then in
progress provided That the Purchaser shall nut M liable fen any claims for mhicipmed pmft, on the uncompleted
portion of the goods and/or work, far incidmtl or emsequmtial damage, and That no such ar fachrear be made in
favor of the Seller will, respect as any good which are the Sellers standard stock. No such temlwtion wall relieve
The Pumhmer or The Seller offing oftheir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim fen adjustment most M asserted within thin, (30) days from The date the change or haddiwtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder sholl Mvc been pmdured, sold, delivered and firmislocal in strict
compliance with all applicable laws and regulations To which the good art wbjeet. The Seller shall extreme and
deliver such dour am nts m may be required to effect Or evidence compliance. All laws and regulations required to he
Incorparated in agreements of This character are hereby iacoryodered herein by This referentt. The Seller aging to
indemnify and hold The Purchaser Mantles fmm all costs aml damage svl real by the Purchaser as a result of the
Sellers failure as comply Riga such law.
9. ASSIGNMENT.
Ndfly r party shall assign, Irdnsfeq or convey This order, or any mane due or to become due hereunder without The
poor examen cadent of The other party. -
10. TITLE.
The Seller warecam full, clear and unreal iclN fide to the Pianissimi for all equipment, materials, and then¢ famished
in performance of This agreement, ( and clear of any and all liens, resmiaions, resrnations, security interest
encumbramg add claims afoThers.
The Seller shall release the Purchaser and its contmmrs of any tier from all liability and claims of any nature
resulting from the performance of such work.
This releaw shall apply even in the event of fault of negligence of the party released and shall extend to The
direcmrs, oRcers and employees of such party.
The Seller's contractual obligations, including warronty, shall not he deemed 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, material or proces covered by lemey patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such
infringement at any tribe during the prosecution or oiler the completion of the work. In case said equipment, or
my Pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its a. expense and at its option, either procure for The
Purchaser the right To continue using said equipment or puts, replace the same with substantially equal but
noninfinging equipment, or modify it so it becomes nounfi ngng.
15. INSOLVENCY.
If the Sella shall become insolvent or bamkmpt make an assignment for the benefit of creditors, appoint a
receiver or m trustee for y of the Sellers property or bnsinaa s, this order may forthwith h nceled by The
Purchaser watch, liabiliry.
16. GOVERNING LAW.
The definitions of terms used or the inteRreration ofthe agreement and the dghe of all parties hereunder small be,
command under and governed by the laws of Be Stare of Colorado, USA.
The following Adi itioml Corrugate apply only in cases where the Seller is to perform work hereunder,
including The services ofSellers Repreenttive(s), an the premises of offers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury to The work and/or materials before Sellers Brad completion and
acceptance, complete the work at Sellers own expense and to The satisfaction of the Purchaser. When materials
and equipment art borrowed by others for insullmmar or ermion by Be Seller, the Seller shall receive, triad,
sbre and handle same at The site and become responsible therefor m Though such materials maker equipment
were being famished by The Seller under the order.
I S. INSURANCE.
The Seller shall, at has own calmest, provide for The payment of worker mmpewtion, including wcupatiowl
disease benefits, to it employees employed on or in connection wall Be work covered by this purchase order,
andror to Their dependents in accordance with The laws of the state in which the work is or h donne. The Seller
shall also carry comprehensive general liability including, but not formal IT, work aril cad automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any
areidal and Faraday damage limit per accident of 5400.0o0. The Seller shall likewise require his
contractors, if my, to Fronde for such campenmion and insurance. Before any of The Sellers or his commerce;
employees shall do any work upon the premises infinities, The Seller shall fumuh the Purchaser with a certificate
That such compersvtion and insurance have been provided. Such cettifucates will specify The data when such
cord,droustion and insurance have hen provided. Such ttnificates shall specify The date when such compensation
and insurance expire. The Seller agrees That such compensation and insurance shall M maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby Towmmmes The entire responsibility and liabiliry for my and all damage, loss or injury of my kind
or nature whatsoever to perm or properry mused by or resulting from The execution ofde, work provided for in
This purchase order or in correction herewiTh. The Seller will indemnify and Mid ha Bless the Purchaser aod my
or all of the Purchasers oflicea, agent, and employees from and against my end all claims. I., damages,
cMsges Or expenses, xhadi direct or Lorimar, add whether to persons or property to which the Purchaser may
be put or subject by romp of any act, action, neglect, omission at default on The Pena of the Seller, my of his
ontractod, or any of The Sellers or contactors officers, agents or employees. In cam, my suit or other
proceedings shall h brought against The Purchaser, or its officers, agents of employees at my time on mmunt or
by reason of my ac4 radon, neglect, omission or defoull of the Seller of any of his mntmcmrs or any of its or
theft officers, agents or employees as aforesaid. The Seller hereby agrees to assume The defense theme and to
defend The same a, the Sellers own expeme, ro Pay my and all costs, charges, commeys fees and other cat,.,
any and all rydgmats That ray h inured by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suit, of other proceedings, and in case jodgmrnl or other lien he placed upon or
obtained again The property, ofthe Purchaser, or said paaies in or as a result ofsuch suits or other proceedings,
Be Seller will at once cause The same Ili be dissolved and dischatgcd by giving Mnd or offerxie. The Seller and
his contactors shall take all safety precmtiones, f ish and install all guard megsnry for The prevention of
incidents, comply will all laws and regulations with regard to snfery including, but without limitation, the
Occupational Safety and Hea dim Act of 1970 and all rules and regulations; issued pursuant thereto.
Revised 07nO 4