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HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9147186PO PURCHASE ORDER 914718er Page City of PURCHASE 47186 1 of 2 Flirt Collins( This number must appear V`I ` V 1' on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 281742 Ship To: MIS HEWLETT-PACKARD CO CITY OF FORT COLLINS PO BOX 101149 215 N MASON, 3RD FLOOR ATLANTA GA 30392-1149 FORT COLLINS CO 80524-4408 Delivery Date: 12/05/2014 Buyer: ED BONNETTE Note: PER STATE OF COLORADO/WSCA PRICING AGREEMENT 20511YYY31M/WSCA AND QUOTE #10014057 DATED 12/5/14 FROM CINDY JACQUOT AT LEWAN. CINDY, PLEASE NOTE THAT WE CANCELED PREVIOUS PO 9147083 FOR THREE AND REPLACED IT WITH THIS ORDER FOR QTY:2. Line Description Quantity UOM Unit Price Ordered Extended Price 1 HP PROLIANT DL380P GEN8 SERVER 1 LOT LS 12,839.24 QTY (2) HPQUOTE#10014057 I HP CARE PACK 5 YRS QTY (2) 1 LOT LS 1,785.60 HP QUOTE#10014057 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt new stare aM local taxes. Our Exemption Number is I I. NONWAIVER. 9804502. Fodral Excise Tax Exemption Cenificzte of Registry 84-60()NO is mnssrnd with the Cafeteria of Failure of the Purchaser to insist upon amid perfomance of the term and conditions hereof, failure or delay e Imemal Revenue, Denver, Colorado (Ref. Coloradan Revised Samna 1973, Chapter 39-26. 114 (a). rxcmise any rights or —stairs pmvidM herein or by law, failure m promprty notify the Seller in the went of a breach, the acceptance ofor payment for goods herrundrr, or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet 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 my right of the damage in transit, may be resumed no you For credit and are not to be replaced except upon receipt of written Purchaser to imisl upon strict performance hereof or any of its rights or remedies as to any such goods, regardless irsvuctiom from the City of Fart Collins. of when shipped, received or incepted, as to any prior or subsequent default hereunder nor shall any puaponed oral modification or neurosis. of Nis purchane order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS aR subject a the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhandlse, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. subunit payment on the part of the City of Fon Collins. However, it is to be mdermxnl that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting frontmarmots is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Promisor. Theretofore, for good cause and as consideration for executing Ws purchase order, the Seller hemby assigns to the Purchaet any and all claims it may now have or hereafter Freight Terns. Shipments nwo he F.O.B., City of Fiat Collins, ➢ it wood St., Fort Collins. CO 80522, uNess acquirN under So l or state mtimnt laws for such overcharges relating to the particular goods or services otherwise specified can this coast. Upermission is given to prepay freight and charge separately, the original freight porthasN or acquired by the Purchaser parsuant to this purchase milec bill must accompany invoice. AMmoral charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment m points invariousspathe ern is havedieation, Purcanerdirecsthe Seller tucorect,onermdicategtsdefdive goodbyadzm m be IftPurchaser emastrhercmanufturers ethedhow hasoce ro to dalintion, and excess freight will be deducted from Im'oice when expected from the ,coil and comply, the tithe a indicates its inability or unwillingness to comply, the Purehma and the Seller, and the Sellery reater distn ce. shipments ere made fmm gmaler distance. the most shall may cause the work m ch performed by the nail expedition mcaru maiUble to it anal the Seller shall pay all pay cows associatd with such work. Permia. Seller shall procure segers sole cast all necessary permits, cenifiwtes and licersa required all w regulations, ordinances and m political subdivision where applicable h rd sate, municipality, territory The Sella release the pe its contractors crony tier fmm all liability cost claims ofany nature of andwork. herratesd lythe the erf ha over the work work is performed, or required byany pubindesstrain himaftst resulting from theperformanceafsuch work. t andgjinadillion Fort Coharmless and against all liability and loss ldte City of Fort CollinsJ ofvm hold the City vendor. Seller further agrees li such incurred by them by reamer o(an asserted on established violation of soy such laws, regulations, ordianca, rates in i r This release shall apply even eshe event of fault of negligence of the 1artY released and shall extend to the Am nyuimmevs. directors, olTcers and employees ofsuch party. Authorirommu. All panic to this contact agree that the reramentuatm, are, in fact, bona fide and posxss full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits mceprmce to the terms and conditions stated herein set loth and any supplemenmry or additional terns and conditions coarsest harem or incorporated herein by refsm.. Any additional or different It. and condition proposed by seller are objected to and hereby rejecled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery date as noted Time is ofthe essence. Delivery end performance must be effected within the time smmd oa the purchase order and the documents attached hereto. No acts of the pumhaers including, without limitation, acceptance of partial late deliveries, shall opemte a a waiver of this provision. In the event ofany delay, the Purchrearr shall have, in addition b other legal and equitable remedies, the option capturing this order elsewhere and holding the Seller liable far damages. He., the Seller shall nor be liable for damages as a milt of aebys due to causes not reawably foreseeable which are beyord its mmnable control and without its fault of negligence such acts of God, acts of civil or military authorities, governmental priorities, Ems, stakes, Rood, epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sever first received knowledge thereof. In the event of any such delay, the One of delivery shall be extended for the heard equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples areVor other descriptions given, will he fit far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ntoo, The Sell. agrees a hold the purchaser bowlers from any loss, damage or expense which the Purchaser nay sober or incur on account of the Sellers breach of.ly. The Seller shall replace, repay m rake good, without cost to the purchaser, any defecs ar faults arising within one (1) year or within such longer period of time m troy be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mammals famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver ofany claim mM this warranty. Except in otherwise Provided in this purchase order, the Sellers liability hereunder shall extend as all damages proximately caused by the breach of any of the foregoing waraaties or gmmmeas hot such liability shall in no event include lass of pmGts or loss of tie. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rams by women change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Pumbsser may make any cburns- w be mmu, Or, than legal tams, inclnding additions as or deletions hvm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change offers the amount due or the time ofperfnmmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, hamiwle this agreement as e any or all furious of the goods then not shipped, subject to any mailable adjuamem between the panic in to my work or materials then in progress provided for the Purchaser shall not Its, liable for any claims for waidpoled profits on the mmmpleted portion argue goods and/or work, for incidental or consequential damages. and that n, such adjustment be made in favor of the Seller with respect 1. any grads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjutament most he assered within thim (30) days from the date the change or mmhimlion is ordered. S COMPLIANCE WITH LAW. The Seller warrens that all goods sold hereunder shall have been preduted, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goad are subject The Seller shall execute aM deliver such dmuments as may he required to effect or evidence compliance. All laws mail regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser As is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, confer, or convey this order, or my amnia due or as become due hereunder without the prior wrimm consent of the Our party. 10. TITLE. The Seller warrens Or, clear and amestocred title to the Purchaser for all equipment, materials, and items famished in performance of this agreement fro and clear of my, wall ell lies, mtrlctions, ..it.., security incest encumbrance anal claims of others. The Sellers comractual obligations, including warmay, shall not he deemed to be saxluced, in any way, because such work is performed or caused m be performed by the Purehaa. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, towemad or copyright, the Seller shall indemnify and save harmless Or purchases firm any anal all claims for infraquanent by nown of the use of such wtmted design. device, .,met ar process in wnnrmum with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or tiller the completion of the work. In case said equipment, or any pan thereof or the intended use of the grad, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the night to common, using said equiprow or past, replace the same with substantially equal hot naninGnging equipment, or modify it so it thecomrs noainGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a receiver or trainee for my of the Sellers property or business, this order may forthwith be canceled by she Purchaser without liability. 16. GOVERNING LAW. The definitions of rams used or the interpretation afthe agreement ami the rights of all parties hereunder shall be onstrued under and governed by the laws of the Store of Colorado, USA. The following AddiGoml Conditions apply only in couses where the Seller is to perform work hereunder, including the termites at'Sellers RepresrnmlissEd, w the premiss oforhers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's awn ask until the same is fully completed and accepted, and shall, in rise of any accidemt destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete Nr work at Sellers own expense and to the satiafaction of the Purchaser. When materials coal equipment are fiunished by others far bstullation or erection by the Seller, the Seller ahall receive, soared, were and haMle same s1 the site vd became responsible therefor as though such marten s smAn equipment were being furnished by Uha Seller voter the order. 18. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bends, to is employees employed on or m connection with the work covered by this purchae ceder, mdtor a their dependents in accordance with the Wxs of the state in which the work is m be done. The Seller shall also may comprehensive general liability including, but not limited to, contractual and aumnrabile Public liability announce with bodily injury and death limits of at least $300,Oe0 for any one Person, Stan,000 for any one incident and property damage limit Per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and is rrence. Before any of the Sellers or his contractors employees shall des any work upon the premises of others, the Seller shall boorish the Purchaser with a cenificam Out such compensation and inurmce have been provided. Such ttnificata shall specify the dale what such compeer Lion and insurance have them, Provided. Such certifi®res shall specify the date when such compensation and insurance expires. The Seller agrees that such compnsation and insurance shall be maintained until after the entire work is comply land accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby simmer the entire mporeibilily aral liability for any and all damage, loss or injury of my kind or vesture whimumver to persons or property caused by or resulting farm the execution ofthe work provided for in this pumhae order or in connection herewith. The Seller will idemnify and hold hamsles, the Purchaser eM any or all of the Purchasers officers, climb and employees Gum cad again, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or 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, my of his contractors, a say of the Sellers or connotations oMe., agents o employees. In case any suit or other pmmedings shall be bmugM1l agaimt Or Purchaser, of is oReers, agraw or employees ar any time on acroml ar by reason of my act, action, neglect omission or default of N, Seller of any of his contractors or my of is or their oRcers, agents or employees as aforesaid, the Seller hereby agrees as assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charga, attorneys fats and other expenses, my and all judgmcas that may be inured by or obtained against the Pumbnsm or any of its or their officers, agents or employees in truth suits or Obet proceedings, and in case judgment or other lien be placed upon or obtained against the property affair Purchaser, or said parties in or as a result of smh suits or other pro edmgs, the Seller will at wee rase the same to he dissolved and discharged by giving boral or mherxise. The Seller and his contractors shall tale all safety prcmtion, famish and install all guard mcasary for the prevention of accidents, comply with all laws and regulation with regard to safely including, but without limitation, the Occupational Safety aM Health Act of 1970 and all mla and regulations issued pursuml there,. Revised 07n(i