HomeMy WebLinkAbout130757 DLT SOLUTIONS LLC - PURCHASE ORDER - 9146491Fort Collins
PURCHASE ORDER
Date: 11/05/2014
Vendor: 130757
DLT SOLUTIONS LLC
13861 SUNRISE VALLEY DR. #400
HERNDON VA 20171
PO Number Page
9146491 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/05/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 ORACLE Annual Maintenance
Contract Renewal
1 LOT LS
for CSI # 14290484 and CSI# 15400886 for 1/28115 through 1/27/2016
Oracle Annual Maintenance Contract Renewal Support and Services.
(Please see Quote # 4399189 Dated 10/30/14 (attached) for details).
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:purchasinga@fcgov.com
98,770.22
Total $98,770.22
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Temis and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-0al Federal Excise Tax Exemption Caf iBcme of Registry 84fi000587 is mortared with the Cullamr of
Internal Revenue, Drover, Columbus (Ref. Colombo Revised Smtutes I W3, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due as Failure to meet specification. either when shipped or due m defers of
damage in transit may be rctumal to you for credit and are not to be replaced except upon rumors of wrinm
inshuaions from the Cu, ofFoo Collins.
Inspection GOODS are subject to the City orFom Collins imitation on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in expense to this order am result in
a damic d payment oa the Pan of the City of Flan Collins. However. it is to M understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable mluiral inspection procedure.
Freight Too. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522. unless
otherwise specified an this order. Npermission is givm to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
SM1ipment Obstinate. Where ... nnfacuuers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Femurs. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses occurred by all
applicable laws, regulations, ordinances and roles ofthe stare, municipality, territory, or Political subdivision where
the work is permarial, or required by any other duly mnaituted public authority having jumvlinion over the work
of vmdm. Seller funkier agree m hold the City of Fort Collin harmis fmm and against all liability and lass
incurred by them by remain of an retained or established violation of any such laws, regulation, oNiwnca, rules
and emptio mints.
Authorira era. All parties .,his isommct time that the representatives are, in fact, bona fide and possess full and
omplete author he to bind said paries.
LIMITATION OF TERMS. This Purchase Order expressly limits res parce to the menu and condition sound
herein set fond and any supplementary or additional terms and condition amcaed Intro or incorporated herein by
meant. Any additional or different arms and condition proposed by seller sm objeeted to and hereby rejmtal.
2. DELIVERY.
PLEASE ADVISE: PURCHASEG AGENT immediately ifyou cannot make complete shipment to anim oa your
Promised delivery dam as nomd. Time is of the essence. Delivery and performance rant be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall at be liable for damages n a result of delays
due to muses not reasotmbly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts ofGod, it, of.,il or military authorities, gm'cmm arml isimities, fires, strikes, flood, epidemics, wars or
nuts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller But received knowledge thereof In the event of any such delay, the data of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, aricles, materials and work covered by Nis other will conform with applicable
drawings, specification, sample, andtm other description given, will be fit for the purposes intimated, and
performed with the highest degree of cart and competence m accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage in expense which the
purchases may sufferer incur on account of the Sellers breech of warranty. The Seller shall replace, repair or make
Bond, without ant to the pu¢hal any derecs in faWts arising within one (I) year or within such longer period of
time as may m prescribed by law or by ode terms of my applicable warranty provided by the Sella after the date of
marginal of fc god famished hereunder (acceptance nor to t unreasonably delayed), resulting final imperfect
or deft Live work done or tralmah furnished by the Sell.. Acceptance or use of good by ode Purchaser shall cot
constitute a waiver of my claim under his wormny. Except as ofnxite provided in this purchase order, the Sellers
liability herm nder shall extend to all damages promembely mused by the branch of my of the Iranian fig warranties
or guarantees, but such liability shall in no event me [me loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purchase may make changes to legal term by wdnrn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the from, other than legal terms, including additions In or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such
change aRecs the amount due or the time ofperformanm hereunder, ern equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portion of the
goods then not shipped, subject to any equitable adjt tment Mween the panties as to any work or materials then in
progress provided that the Purchase, shall not be liable for any claims for anticipated profts an the uncompleted
portion of the good nnNor work, for incidental or consequential damages, and that no such abutment be made in
favor ofthe Seller with respect ao any goods which are the Sellers standard stack. No such termination shall relieve
the purchaser or the Seller army ofthelh obligation as to any good delivered Imrcumber.
9. C W MS FOR ADJUSTMENT.
Any claim far o1jntmem rant be asserted within Nis (30) days cam the date the change or lerminalion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warmn a that all good sold herepnda shall have been produced, sold. delivered and fumisned in stain
compliance with all applicable laws and regulation to which the goods are subject. The Sell. shall exemle and
deliver such documents as may be usual to effect or evidence compliance. All laws and regulation required to be
incmpomtal in agreements of this chancel. are hereby i... mar ed herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchasm as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ardor other parry.
ILL TITLE.
The Seller warrants full, clear and unasnicted title to the Purchaser for all equipment, materials, and isms famished
n performance of this agreement, free and clear of any and all liens, restriction, reservations, security interest
encumbrances and claims ofothers.
11. NONWAIVER.
Failure ofthe Purchaser to insist upon strict performance, of the a = and condimons bereo( failure or delay to
exerecive any rights or females provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the mcepawa afar payment Car goods hareunder or .,.cut of the design, shall cot mt. the Sell. of
any of the warranties or obligation of this purchase order and shall not be dermal a waiver of eery right of the
Functional as rails upon shin pert ance harmfor any of its rights or remedies m a 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 rescissim of this parches, order by the Partial operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Forebear rccognire that in aortal carromem retire, overcharges resulting form antitrust
violations are in fact home by the Purchaser. Thcmofe for good cause and as consideration for executing this
purchase order, the Seller hereby claims to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure antitrust laws for such overcharges relating to the particular good or services
purchased or enquired by the Purchaser pursuant ao this purchase order.
13. PURCHASERS PERFORMANCE Or SELLERS OBLIGATIONS.
If the Purchase directs the Seller to correct nonconforming or defective good by a data to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may mare the work to be rechannel by the mast expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its comments of any tier from all liability and claims of any nature
resulting fmm ode performance afsuch work.
This release shall apply even in the event of fault of negligence of ode patty released and shall extend to the
dirccmrs, ofiicns and employees afsuch parry.
The Sellers continental obligarion. Including waoanly, shall ml be deemed to be reduced, in any way, Immum
such work is perfomled or caused lU be, pert ed "a Purchaser.
14. PATENTS.
Whenever rise Sella is required to cost any design, device, material or process coveted by lamer, instal trademark
or copyright, the Sella shall indemnify, and save harmless the Purchaser fmm any and all claims far unicameral
by reason of no use of such patented design, device, material or process in amectim with the comma, but
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement an any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to announce infringement and $e we of
said equipment or par is mooned, the Sella shall, at us own expense and in its option, either practice for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but
nminfn'nging equipment, or modify it so it becomes noninfringiag.
15. INSOLVENCY.
If the Seller shall become insalvent or bankrupt make an assignment for the benefit of aredifers, appoint a
recaver or trustee for any of the Sellers papery or business, this order may forthwith be canceled by the
Purchaser without liability.
A. GOVERNING LAW.
The definition ofit. used or the inmryretation afthe agreement and ode rights of all parties haeunda shall be,
constmod under and invented by the laws ofthe State ofColomdo, USA.
The following Additional Condition apply only in macs where the Seller is an pert work hereunder,
including the services of Sellers Reprtrenmtivc(s), oa he premises ofofc..
17. SELLERS RESPONSIBILITY.
The Sella shall carry m said work in Sellers own risk and the same is fully completed and accepted, and shall,
in rase of my eccidenl destruction or injury m the work anbor coma, bet Sellers Bret completion and
a armares, complete the work at Sellers own expense and to the sauamment of the Purchaser. When materiels
and equipment art fumishal by others for inallation or erection by the Seller, use Sella stall receive, unlmd
sore and handle same as the aim and become responsible therefor as though such materials -Nor aTuipmetu
were being fmished by the Seller under the order.
I B. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
labor to their dependents in accordance with the laws of the state or which the work is m be done. The Sella
shall also carry comprehensive general liability unfailing, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one Prosaic 55tgp00 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such voinprociation and in e. Before any of the Seller or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchase, with a certificate
that such compensation
and in it a have been provided. Such c nrates shall specify the date when such
ompenation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compenotion and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby pastimes on entire maponibiliry and lisbiliry fro any and all damage, loss or injury crony kind
r nwum whatsoever to person or proper, caused by or resulting fora fie execution of the work provided for in
this purchase order or in courmction herewith The Seller will indemnify, and bold barmless ode Parishioner and any
or all of the Purchasers officers, agents and employees from and amount my and all claims, losses, damages,
charges or expenses, whether dims. or indirect and whMer ao person or proper, W which the Purchaser may
h pat or subject by reason of my act, action, neglref, omission or defaur on the pan of the Sella, any of his
contractors, many of ode Sellers ar contractors oMr.. agents As employees. In ease my suit or all
proceedings shall be brought again, the Probasa, or its officers, agents or employees at my time on account or
by reason of any act action, neglect omission or befoul, of the Seller of my of his ccntmnars or my of its or
their officers, agents or employees as aforesaid. the Seller hereby agrees m assmne the leferes , thereof and as
defend the same at the Sellers own apeal to pay any s O all costs, charges, attorneys f and other expenses,
my and all judgmas that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employs in such suits or other proceedings, and in eau judgment or other lire be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will in once cause the same to be dissolved and discharged by giving hoed or otherwise. The Sella and
his contractors shall Like all safety precautions, Ibmish and loll all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to snfey nalnding, but without limitation, the
Occupational Safety and Health Actor PDO and all roles and regulations issued pursuanr thereto.
Revised Wa014