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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9150004Fort Collins Date: 01/02/2015 Vendor: 109184 LEWAN & ASSOCIATES 1608 S COLLEGE AVE FORT COLLINS CO 80525-1007 PURCHASE ORDER PO Number Page 9150004 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: 01/02/2015 Buyer: ED BONNETTE Note: VMWARE SUPPORT RENEWAL 2/18/15-2/17/16. PER QUOTE #76058 FROM CINDY JACQUOT TO JOHN HUSTED 12/1/14. Line Description Quantity UOM Unit Price Extended Ordered Price t VMWARE SUPPORT/SUBSCRIPTION LEWAN DOC#7605812/1/14 VMWARE SUPPORT AND SUBSCRIPTION TERM: 2/ 18/ 15-2/ 17116 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@fogov.com 1 LOT LS 41,485.00 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. COMMERCIALDETA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fedefal Excise Tax Exemption Cmifcate of Registry 84-6000587 is musterW with the Collector or Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R Pared. GOODS REJECTED due to failure to meet specifications, ether when shipped or due to defeats of damage in promit, may be, imposed no you for credit and are tar to be mplaced except upon rettiPe of wnvm imvmnous from the City ofFort Collins. Inspection GOODS are subject to the City of Fan Colhum inspection on erival. Final Acceptance. Receipt of the merchandise, services or equipment in response tothis order can result in authorized payment on be pan or the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion oral) applicable required inspection prwedmm. Freight Terms, Shipments most be F.O.B., City of Fan Collins, 700 Wood Sr., Fan Collins, CO 80522, unless ofrwise specified on this order. If permission is given to prepay freight and charge separately, the original freight hill most pewm.nv invoice. Additional charrem for melons will not be permted. Shipment Distance. Where manufpefrers have distributing Points in various parts of be country, shipment is expeaN from the nearest distribution paint to desumtion, and exec. freight will be deducted from Invoice when shipments are made form greater distance. Parme. e. Seller shall pmcure at sellers sale cost all naesmry panic, certificates and [as.. required by all applicable laws, regulations, ordinances and into of the state, municipality, terimry or political subdivision where the work a performed, or required by my other duly committed Public authority having junsdinion over the work of radar. Seller further agrees to hold tom City of Fan Collie harmless from and against it liability and loss incurred by them by reason of an wasenM a established violence of my such Laws, regulations, abo nces, pules Not raryisenracs. Amhonzafion. All parties to this mntruct agree that the representatives an, in fit, bow fide end possess full and complete authority a bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and my supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or discount terms and conditions proposed by seller are objected to and hereby micaed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to eosins, on your premised delivery date in noted. Time u of de essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No pets of the Purchasers including, without limitation, accordance of partial law deliveries, shall operate as a waiver Of this provision. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option affixing this order elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable fat damages as a result of delays due to muses not commonly foreseeable which are beyond its reswwble control and without its fault of negligence, such acts afGad, pen ofcivil in military authorities, governmental priorities, fires, strikes, food, epidemics, wars car hots provided that notice of the mnditiom causing such delay is given to the Purehasa within five (5) days of the time when the Seller fast eceived knowledge Nermf In the event of any truth delay, ale date of delivery shall be extended for the pesind am[ in the tine rapidly toe by reason oftle delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this orka will conform with applicable drawings, specifications. samples andbr other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of are and competence in accordance with accepted standard for work of a similar .tore. The Sella agrees to hold the purchaser hamdess from any loss, damage err expense which the Purchases r.y suffer or ire. on account of the Sella breach of wanenry. The Sena shall replace, repair or make good, without cost m the purchaser, any defects or faults arising within one (U year or within such burger period of time as maybe prscribcd by law or by the temp of my applicable warning provided by the Seller after the date of somprmm of the goods finished hereunder (acceptvaa and a be iueamwbly delayed), resulting from imperfect or defective work dram or materials tumbled by the Sella. Acceptance or use of good by the Purchaser shall act contribute a waiver ofany claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability bereunder shall extend to all damages preximately caused by the breach of my of the foregoing wamnties or guarantees, but such liability that at no event include Iwns ofpsifts or loss 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 to. by wrivm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal emu, including additima to or deletions from the quantities originally ordered in the specifications or drawings, by sabot or wrimrn change other. If any stab change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Furthest, may at any time by canna change aNeq temi.m this agreement as to any or all promos of the good then not shipped, subject to any equitable adjunmmt Foramen the panic as to my work or materiels then in progress provided the the purchaser shall not be liable for my claims for anticipated radius an the uncompleted potion of the goods andror work, for moidental or consequential damages, and that no such adjustment be made in Favor of the Seller with import to any goods which eta the Sellers saendand stock. No such termination shall relieve the Purchaser or the Seller ofany ofthdr obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dam be change or Lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella moment that all good sold hereunder shill have been produced, said, delivered and famished in strict compliance with all applicable laws aed regulations f which the good are subject. The Sella shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required o he incorporated in agreements of this commit, are hereby incorporated herein by this re&rence. The Sella agree to indemnify and hold the Purchaser hornless from all owns, and damage issued by the Purchaser u a result of the Sellers failme to comply with such Izw. 9. ASSIGNMENf. Neither pity shill coign, Ira.fa, or convey this order, m my movies due or to become dus, hereunder without the prior written ro.a1 of the othe, party. 10. TITLE. The Sella wemnu full, clear and unresniand title to the Purchase for all equipment, materiass, and items fuanubad in performance of this agreement, free and clear or any and all liens, restrictions, reservations, security interest crematorium and claims of others. ILNONWAIVER. Failure Of the Purch.a to insist upon strict performance of the terns and conditions hereof, failure m delay m exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, dre acceptance of or payment for goods hereunder or spproval of the design, shall not relax the Sella of any oI to warranties ar obligations of this purchase order and shall not W deemed a waiver of any eight of the purchaser to insist upon strict performance hertor or any of its rights or eemNies as to my such goods, regardless of when shipped, received of accepted, in m my prim or subsequent defaWt boaradee, trot shall my paryortd and modification or rescission of Nix purchase order by W, Purchaser sherd. as a waiver of any of the urns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. s Sella and the Purchaser recognim that in actual economic practice, overcharges resulting from indicts violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purehaae order, the Sella hereby assigns of the Purchaser any and all claims it may row have or hereafter acquired muter federal or stair mtinurt laws fir such overstaff. rotating Of the pmiculs, good m service, Functional in acquired by the Porchuer pursuant an this Emphatic order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defective good by a date to be agreed upon by the Puoh wer and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Sella shall release the Punctuator and its contmcdors of any tier from all Indira, and claims of my more resulting from go, performance, of rush work. This release shall apply even in the event off h of negligence of the party relmsed and shall extend to the directors, forgetter and employers of such party. The Sellers conmemal obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is pafomed or caused to be Performed by the Pumhaser. 14. PATENTS. Whenever the Seller is terminal na use any design, device, materiel or pass covered by lea, nownt aademark in copyright, me Sella shall indemnify and save harmless be Purchaser from my and all claims for infringement by reamn of the use of such patented design, dense, material or process in cuunectim with f am., and shall indemnify the Purchaser for my cast, expense or damage which it maybe obliged to pay by reason of such infringement of any time during the Primerica or ape, the completion of the work. In case said aryipmmL or any pan thereof or the attended We of the good, is in such suit held to wnssafe infringement and the arse of said equipment or pan is enjoined, the Sella shall, at its awn expense and at its option, either pmcure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially ca l but noninfnnging equipment, or modify it so it becomes noninrn'nging. 15. INSOLVENCY. If me Sella shall become iosolvem err bmkrupd, make of msigmomr for tam benefit of creditors, appoint a exaciver or tmstm for any of tbe Sellers property or business, des order may foMwith be canceled by fie purchaser without liability. 16. GOVERNING LAW. The definitions of man used or the interpretation of the agreement and the rights of all parties hereunder shall be ...oil under and governed by the laws ortb, State ofC.1mado. USA. The following AMilio.l Conditions apply only in cases where fie Sella is m perrom work hereunder, including se savices of Sellers Repusenmtive(s), on the premises of ethers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mil the same is fly completed end accepted, and shall, in eau of my accident, destruction or injury to the work and mounds before Sellers final completion and percipience, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fiunished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials malice equipment were being furraished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense. fam ide, for the payment of worker mmpe.atim, including accupariowl disease hencfc, to its employees employed on or is mma'tim wild don work covered by Nu purchase order, amblfor to fir dependents at accordance with the laws of the setae at which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, wnma.l and automobile public liability immune with bodily injury and death limits of at ]east 53isto00 for any one person, s500,1100 for coy one occident and property damage limit pa accident of S400,000. The Sella shall likewise mission, his contractors, if any, to provide far such compensation and insurance. Before any of the Sella or his contractors employees shall do my work upon the premises of others, the Seller shall finish the Purchaser with a cenificam that such wmpai ation and insurance have berm provided. Such coca ficaam shall specify the dam whet such compensation and insurance have been provided. Such certificates shall specify the bate whom such wmpmsation and insurance expires. The Seller agrees than such compensation and i.ueunc shall be maintained mil after the moire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury Of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchases and any r all of the Purchasers ogtcers, agent end employees from and against any and ail claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons ar Property to which the Purchasor may be put or subject by trice of my no, peuun, neglect, omission or default Off the pan office Sella, any of M1u wnnactors, in my of be Sellers or commefors officers, agents or employees. In rase my not or other proceedings shall be brought against the Purchaser, of its olgccs t again or employers at any base an acwmf err by reason of my pet, scion, neglM, omission or default of the Seller of my of his cunftim. ar any of its Or their orgccrs, agents or employees as of said, the Seller hereby agrem to assine be defense thereaf and to defend the same in the Sellers own expense, to pay my and all cones, charges, attorneys foes and other expenses, any and all judgmenta that may he incurred by or obtained figured the Pumhwna or my of in or their officers. agents Or employees M such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purehuer, or said parties in m in a result ofsuch suits or other p occedings, the Seller will of ova..e the same ro be dissolved and discharged by fine g bond ar otherwise. The Sella and his contractors shall cake all safety precau met famish and Imell all guard necessary fat the prevention of accidents, comply with all laws and regulatiow with regard m safely including, but without limitztioar, the Occupational Safety and Health Act of 1970 most all elm and regulations issued pursuer tharcru. Revised 07R014