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HomeMy WebLinkAbout130757 DLT SOLUTIONS LLC - PURCHASE ORDER - 9146658PO PURCHASE ORDER 914665er Page C117/ of PURCHASE 46658 1 of s Flirt Collins( This number must appear ,I\V`I ` V on all invoices, packing sli s and labels. Date: 1111312014 Vendor: 130757 DLT SOLUTIONS LLC 13861 SUNRISE VALLEY DR. #400 HERNDON VA 20171 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 11/13/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 AutoCAD Support Renewal Quote #4403118 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 13,766.75 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt f state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Canificate of Registry 84fi 587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtcs 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 m nit, may he returned to you for credit and are not to be replaced except upon receipt of written instructions firm the City of Fan Collim. Inspection. GOODS arc subj.0o the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services Or equipment in response to this Order can result in authorized payment on the part of rise City of Fort Collins. However, it is to be welemlood that FINAL ACCEPTANCE is dependent upon completion Wf all applicable required inspection procedures. Freight Tertm. Shipments most be F.O.B., City of Fon Collins, 700 Wood St-, Fast Collins, CO 80522, unless otherwise spnifiM on this Wier. Upermission is given to prepay freight and charge sepamuly, the original freight bill most accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacmrers have distributing Points in Carious pars of the county, shipment is expected fmm the nearest distribution point to destination, and excess freight will be dedurted from Invoice when shipments arc made fmm got distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the slate, municipality, territory or political subdivision where the work is performed, or required by nay other duly contracted public authority having jurisdiction over the work of vendor. Seller number names to hold tha City of I. Collins harmless from and against all liability and lost inured by then by remon of an assured or established violation of any such laws, regulations, ordiarc'es, roles and requirements. Authorization. All parries to this contract agree that the representatives we, in fact, bona fide and possess full and complete authority to bind mid panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Be corms and coaditions sited herein set fromb and any supplementary or addidwol tmme and conditions anoexed hereto u incorporated berem by refrance. Any additional or different krrm and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on you pmmized delivery data us noted. Time is of the esseme. Delivery, and Mr... most be affected within the time stated on the Furchau order and the discontent, attached hereto. No acts of the Pramba ers including, without limitation, acceptance of partial late deliveries, shall opemm m a waiver of this provision. In the event ofeny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this oMer elsewhere sad holding the Seller liable far damages. I lowever, the Seller shall nor be liable far damages as a result of delays due to causes not tmsonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, aces ofcivil or military authorities, govemmenml promise. fares, strikes, Book epidemics, was or riots provided that notice of the Conditions owein, such delay, is given to the Purchases within five (5) dap of the time when the Seller first wri ed knowledge them[ In the event army such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Sella warrants slut AI goods, articles• matcriak and work covens[ by this older will of. with applicable drawings, specifications, simples and/or other descriptions givev, will be fit for the purposes intended, aM Perforated with Be highest degree of rare oral comprome, in accordance with aceeoted standards far work of a similar nacre. The Seller agrees no hold the pumha er hamlets fmm my loss, damage or expense which the Purchaser may saner or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defies or faults staining within one (1) year or within such longer penod of time as may be pseuribed by law or by the tams of any applicable wmmny provided by Be Seller ages the dam of acceptance of the goods furnished ortuMes (acceptance am an be wasauabty delayed), resulting tram im mrf t or defective work done or maeras famished by the Scller. Acceptance or tau of goods by the Purchaaor shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, thc Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gumotttms, but such liability shall in no event include loss ofpmfits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. ,L CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes 0 the terns, other Nan legal terns, iaclis ing adi ilions to or deletions fmm We quantities originally ordeed in the specifications or drawings, by verbal or written change order. If any such change effects Re amount due or the time ofperfomance hereunder, an equitable Mjmmrnt shall be roade. 6. TERMINATIONS. The Purchaser may at any time by written change Work, terminate this agreement as In any or all portions of the good than al shipped subject to any equitable adjmtmrnt between the parties as to any work or mammals than in progress provided deal dee Purchaser sill not be liable for any claims for anticipated profits on the macompleted portion of the gongs maker work, for incidental or aware antial damages end than rev sash Mllmon ew be made in favor of the Seller with respect many goods which am the Sellers standard stock. No such termination shall relieve the Pumhmer or the Seller of any oftheir obligations as to any goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for Mjmtment must be warned within Barry (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with AI applicable laws and regulation to which the good are subject The Seller shall execute aM &fear such documents as may be rtquined to effect or evidence compliance. All laws aM regulations rryuirM 10 be incorporated in agreements of this Character are hereby incoryommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all ems and damages su fired by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party,ball assign, transfer, m convey this ord r, or any monies due or a become due bercunder without the Friar wrinan Commit ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free end clear of any and all liam, mtrlctiom, reservations, security interest aacumbeances and claims of others. 11. NONWANER. Tritium of the Purchaser to insist upon inner perfomace of the terms and conditions hereof, failure or delay to Camorim any rights or remedies pmvid heein in by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not mleau the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict Performance hemofor any of its rights or remedies re to any such goads, ra awless of when shipped, received or accepted, m to any prior or subsequent &real, hereunder, rmr shall any Purported oal modification in rescission of Nis pmchau order by the Purchaser operate as i waiver of any of the limits hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognim that in actual economic practice, overcharges resulting fmm animist violation are in fact bane by the Purchmv. Theretofore, for goad comer and m Consideration for executing this purchase order, the Seller hereby assigns ro the Purchaser any and all claims it may now have or hereoBer acquired under fedenl or sum antitrust laws for such overcharges relining to no particular goods or services purchased W acquired by the Pmchwas pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs Be, Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller. and the Seller thereafter iMicotes its totality or unwillingman to comply, the Purchaser Way cause the work to be performed by the most expedition means available to it, star Be Seller shall Pay ell costs associated with such work. The Seller shall release the Purchaser end its contractors of any tier from all liability end claims of any nature resulting from the performanre ofawh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diremon, officers and employees ofmch any. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. IC PATENTS. Whenever the Seller is required to see any design, device, material or prom. coverts by letter, patent trademark or copyright, the Seller shall indemnify and save hamlets the Purchaser from any and all claims for infringement by reaun of the we of such pwanted design, device, material W process in connection with the centracl, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason ofmch infringement at any time during the prosecution or attar the Completion of de, wink. In case mid equipment, or any pan theraf or the intended we of Be Bps• is in such it bald to Car mWrite infringement vd Be Case of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchmk the right m continue using said equipment or pans, replace the same with substantially equal bur naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent at bavkrupt, make an assignment for the benefit of creditors, appoint a receive, or rmnce for any of the Sellers Reopen, or bosims, this on. may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms mail or the interpretation of rise agreement and the rights ofaf panics hereunder shall be mentioned maker and pearmed "a laws ofto State of Colorado, USA. The following Additional Conditions apply only in Cases where the Seller is an perform work hereunder, including the services of Sellers Represemotime), on Be premises of.flum. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work in Sellets own risk until the come is fully Compl.ed and accepted. Cad shall, in ate of any accident, destruction or injury to the work and/or mamialr before Selle s final Completion and acceptance, complete the work at Shcah own expense and to the satisfaction of the Purehmer. When materials and equipment art famished by others for immgation or "Carl. by the Seller, Be Seller shall receive, unload, stare and handle same al the Cate and became responsible therefor as though such maerials and/or equipment were being furnished by the Seller coder the seder. I S. INSURANCE. The Sell. shall, in his own expense, provide fro 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, andlor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall Aso can, Comprehemlve general liability Including. but not limited m, —.I.) aM asomobile public liability instance with bodily injury and death limits of at least 5300,000 for any one prawn, S500,0W for any one accident and property damage limit per accident of S4W,". The Seller shall likewise require his contractors, if any, to provide for such compensation aM insunoce. Before any of the Sellers m his Contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a canificare that such compensation and insurance have been provided. Such Certificaas shall specify the dam when such ompensation and imumnce Mae ban provided. Such certificates shall specify to date when such compareation and imurvnce expires. Tbe Seller agrees that such mmpewtion and imuance shall be maintained until after the entire work is compl.ed and aceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury Crony kind or atue whosoever to persons or property caused by or resulting fmm Be execution ofthe work Provided for in this purchase order or in commotion herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pumbasers officers, agents and employees from and against any aM all claims, losses, damages, Charges m expenses, whether direct or indirect, and whom, to persons or property to which the Purchaser may he put or subject by torn of any act, action, neglect, omission or default on Be pan of the Sell., any of his contractors, w any of the Sellers or contactors oflicen, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, err is Officers, agents or employees at any rime on account or by reaun of any act, action, CaptaL omission or default of the Sella of any of his commem rs or any of is or Four officers, agents or employees as aforesaid, the Seller hereby agates an assume the defense thereof and to defend Be, mine an the Sellers own expense, to pay any and all costs, charges, tom arys far and other expenses. my and all jMgments that may be incurred by or obtained against the Purchaser or any of is or their oRcers, agents or employees in such suits Or other proceedings, aM in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said parties in W ns a all Wf such suits m no, proceedings, the Sell, will at once muse the Came to be dissolved art discharged by giving bond or otherwise. The Seller rand his mntmctors shall take all artery precamione, famish aM install all guard nacessory for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur withom limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations hated ptusuat thereto. Revised 07n014