HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147198City of
/'VF`or_t Collins
Date: 12/08/2014
Vendor: 114178
DELL MARKETING LP
ONE DELL WAY
MS: RR1-35
ROUND ROCK TX 78682
PURCHASE ORDER
PO Number Page
9147198 1012
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: 12/05/2014 Buyer: DOUG CLAPP
Note: 20511YYY30M-WSCA
2014B Lease Purchase
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Dell OptiPlex 9020 Mini Tower
quantity (25)
ref. quote #690376897
dated 9/5/14
per Rick Domalski
-(25) OptiPlex 9020 Mini Tower (210-AATM)
$873.73ea
freigtht included
Dept: IT
contact: Michelle Carr
ph# 970-221-6523
Please call 24 hours
to
1 LOT EA
21,843.25
Total
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. C0MMERCIALDEfA1LS.
Tax excm ewas. By statute the Cityof Fan Collins s exempt from scam and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Faemption Cenifimte of Registry 54-6000587 is regineral with the Collector of
Failure of the Puchaser to must upon suet perfonwtce of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Serums 1913, Chapmr 39 26,114 Ed.
exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a
breach, the conform of or payment for Goads hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due in failure to meet stimulations, either when shipped or due to defects of
any of the wzronties or obligation of this purchase order and shall not be domed a waiver of any cip, of the
Manage in transit may be managed to you for credit and are not his he replaced except upon receipt of wnnm
purchaser to mist upon strict performance hereofor any of its rights or remedies As W any such goods, regardless
instruction from the City effort Collins.
of when shipped, rachal or accepted, as m any prim car subsequent defnd, hereunder, nor shall any purported
and modifemion or rescission of this purchase order by the Purchaser operate as a waiver of any of the It.
Inspection GOODS are subject to the City of Fort Collins inspection on optical,
hereof.
Flvl Acceptance. Receipt of the merchandise, services or equipment in resparem to this under can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collin. However, it is to be undmtd mal FINAL
Seller d the Purchaser recognize Out in actual a is practice, overcharges resulting from antitrust
ACCEPTANCE dependent upon completion of all applicable required impaction procedures.
violations arc in fact home by the Pumhasa. nomofore,far good arms, and as consideration for executing this
purchase order, Ne Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terns. Shipments most be F D.B., City of pan Collins, Too Wood St., Fort Collins, CO 80522, unless
acquired code, federal or state antitrust laws for such overcharges relating to the mmila, goods or services
otherwise specified on this order. Ifpmmisom is given to prepay Emilia and charge am nit , the original freight
purchased or namun by the Purchaser pursuant m this purchase order.
bill most occurrence invoice. Additional chances for backing will not he account.
Shipment Distance. When manmfaclums base distributing points in canons pans of the country, shipment is
expected from the nuns, distribution prim to destination, and excess freight will be deducted from Invoice when
shipments are made four, greater distance "
Pmniu. Seller shall procure at tillers sole cost all m,esszry permits, certificates and lit. regained by all
applicable laws, regulaion, ordinances and roles of tha suite, municipality, territory or political subdivision when
Me work is performed, or required by any other duly contimted public authority having jurisdiction over the work
of and., Seller further agrees to hold the City of Fort Collin harmless from and sumo all liability and loss
incurred by them by reason of an rem ed or established violation of any such laws, regulations, ordinances, roles
and requirements.
Atummetim, All parties m this commit agree dot the representatives are, in fact bona fide and poses full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase order expressly limits acceptance to the tours and condition stated
herein set feed and any supplementary or additional mutts and condition annexed hereto or theoryomted herein by
reference. Any additional or different terms and conditions proposed by selle, are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make amplete shipment to act, on your
promised delivery date as cored. Time is of the essenro. Delivery and performance most be effected within the time
stated on the purchm, order and the documents atemhnd hereto. No acts of the Purchasers including, without
limitation, acceptance ofpmial late delimcies, shall operate as a waiver of Nis provision. In the event army delay,
the Purchaser shall have, in addition to other legal and amilable tamedics, the option of placing Nis order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a much of delays
due to muses not reasonably foreseeable which are beyond its reaunnble control and without its fault of negligence,
such acts of God, acts oeivil or military mffeums, governmental priorities, fires, strikes, Flood, epidemics, wars or
rids provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the
time when Me Sella first maeived knowledge Maser, In no event of any such delay, the date of delivery shall be
extended for fire penal count to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goads, articles, matenals and work covered by Nis order will conform with applicable
drawings, specification, sample andror order description given, will be fit for the purposes intended, and
performed with use highest degree of care and cempereus, in accordance with accepted scmdards for work of a
mood. namre. The Sella, agrees to hold the purchaser harmless from any cuss. damage m expense which the
Purchaser may suffer or incur on account of the Sellers breach of warrenry. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Rend of
time as may be mand by law or by the teen of any applicable waranlY provided by the Seller offer me dam of
acceptance of the goods famished hereunder (acceptance not to he unreasonably delayad), resulting from imperff
or defective work done or matenals f ished by Me Sella. Acceptance or use of goods by the Purchase( shall not
emstitum a waiver of my claim under this wamunty. 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 wamanlim
or guarantees, but such liability shall in no event include loss of pro0s 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 terms by wntlen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes us Me terms, other don legal notion, naming ing additions to or deleuom from
not quantities on unsilly ordered in the specification or drawings, by sabot or written change order. If my such
change affects the amount due or Me time of pert mce herm ndeq an aluiable ed,.t..t shall be made_
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this agreement as to any or all portion of the
goods Nan rot shipped, tabor I. any equitable ad warinam between den pmiu as or any work or mmerims men in
progress provided Out the Purchaser shall not be liable far any claims for anticipated profits an the wmmplered
portion of Me goods andlar work, for incidental or conryuential damages, and that no such adjmrrent be made in
favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaur or Me Seller crony of their obligations as to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be Worked within thirty (30) days from the date Me change m ammunition is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warms ma, all goods sold hereunder shall have been produced, sold delivered and fttin filial in stria
mmdiatim with all applicable Ines and regulation m which the goods are earthen. The Sella shall execute and
deliver such documents as may ha textural to effect or evidence compliance. All laws and regulation regained to be
incorporated in agreements of this character are hereby incorporated hemin by this reference. The Seller agree to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser in a result of the
Sellers milam to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, chamfer, or convey this order, or my monies due or to become due hereunder without the
prior wriftm consent of the other any.
10. TITLE.
The Sella waram full, clear and umundemd till, as the Purchaser for all equipment, materials, and items firmisd
in aficarmaric of Nis agreement free and clear of my and all lieru, restriction, reservmiark, smunry interest
encumbrances and Balms crouton.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Salle as correct nonconforming or defective goods by a date to be agreed upon by no
Purchaser and the Seller, and the Seller Marmara indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious morns available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall ml. the Purchaser and its amparcmrs of any tier from all liability and claims of any mature
resulting from the performance ofsech work.
This release shall apply even in the event of fault of negligence of be any released and shall extend to the
directors, officers and employees ofsueh party.
The Sellers camrazmal abligatio s, including warranty, shall rat be deemed on be reduced, in any way, because
such work is pafotraed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to tau any design, device, material or process covered by lever, patent, trademark
or copyright Ore Seller shall iMemrdfy and save harnleas the Purchase, from my and all claims for infringement
by reason of the use of such patented design, device, material of process in correction with the contract and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time daring roe prowalim or caner the completion of the work. In eau said a mipmem, of
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and 'he use of
said equipment or For is enjoined, the Seller shall, at its awn expense and at its option, either procure for Ne
Purchaser the riM, to continue in, said equips m, or pus, replace the acme with s gromprolly CQuaI bur
nminfi aging attainment, or modify, it so it becomes noninfnngmg.
15. INSOLVENCY.
If the Seller shall become insolvent or bmdmpt make an assigurnen, for the bamfit of creditors, appoint a
reativer or trustee for any of the Sellers property or business, Nis order may forthwith be canceled by Me
Pumbner without liability.
16. GOVERNING LAW.
The definition off runs red or the interpretation ofthe agreement and the rights ofall panic hereunder shall be
compered under ad governed by the laws ofdre Scam ofColomdo, USA.
The following Additional Condifimts apply only in cases where the Seller is to perform work hereunder,
including Me services ofSOlers Reprcunufive(s), on the premises arfadans.
17. SELLERS RESPONSIBILITY.
The Sella stall carry m said work at Sellers own risk until the same 4 fully compined and accepted, and shall,
in ease of any accident dextro pion or injury W Ore work mdle, materials before Sellers final completion and
acceptance, complete me work at Selers own expense and to the satisfaction of the Purchase. When materials
and alripment are famished by orders far installation or accurst by the Sella, the Sella shall reccivq unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being, ishad by Me Sella harm the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compenwtion, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase 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 romprebemive general liability including, be, not limited to. contr¢wal and a ammcbile public
liability insurance with lustily injury and death limits of at leas 5300,O01) for any one pas, 5500,000 for my
one incident and propery damage limit per accident of 5400,". The Seller shall likewise require his
ammeters, if any, to provide for well compensation and insurance. Before any of the Sellers in his contractors
employees shut] do any work upon the premises of others, the Seller shall famish me Purchaser with a cenifarm
that such compensation and romance have been provided. Such cenifcotas shall specify the date when such
marnponamomanitiormarre Mee been provided. Such centurions shall specify Ne due when such compensation
and inorence expires. The Sella agrees that such compensation and insurance shall be maintaired until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responibiliry anal liability for any dad all damage, lass or injury of my kind
or come wMm arm, m puma or prapeary caused by or msuhm, hem no examen ofma work provided far in
this purchase order or in correction hemovith. The Seller will indemnify and hold hamdess the Purchaser and my
or all of the Forebears olhcaa, armts and employes from and against any and till claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
Is, put or subject by reason of any act, action, neglect, omission or default on Me pan of the Seller, any of his
contractors, an any of the Sellers or contractors offices, agents or employers. In case my suit or other
proceedings, shall be brought against f Purchases, or its offers, occurs or employes in my time on acomt or
by reason of any act anion, neglect omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aferessid, Ne Seller hereby agora to assume the defense memo( and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgmene, that may be incurred by or obtained against fen Purebner or any of its or their officers,
agents or employees in such suits or other proceedings, and w ease judgment or minor dim be placed upon in
obo d again, use property ofthe Purchaser, or said parties m or as a recall of tech sues or other proceedings,
me Seller will at once cause Me same to be, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and mall all guards uwessary for Me prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Compatiounl Safety and IIca1N An of 1970 and all roles and regulation issued pursuant thereto.
Revisal 07n014