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HomeMy WebLinkAbout109184 LEWAN & ASSOCIATES - PURCHASE ORDER - 9150006Fort Collins Date: 01/02/2015 PURCHASE ORDER PO Number I Page 9150006 1of2 �This number must appear on all invoices, packing slips and labels. Vendor: 109184 Ship To: MIS LEWAN & ASSOCIATES CITY OF FORT COLLINS 1608 S COLLEGE AVE 215 N MASON, 3RD FLOOR FORT COLLINS CO 80525-1007 FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: ED BONNETTE Note: COMMVAULT SERVER BUNDLE SUUPPORT & MAINTENANCE. PER QUOTE #76187 DATED 11/26/14 FROM CINDY JACQUOT TO JOHN HUSTED. Line Description Quantity UOM Unit Price Extended Ordered Price COMMVAULT 5 SERVER BUNDLES 1 LOT LS 6,279.00 QTY (1) 2 SUPPORT & MAINENANCE QTY (1) 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.00m 1 LOT LS Total Pay terms net 30 days Invoice Address: 1,867.95 146.95 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMIMERCW.DETA11S. Tax exemptions. By starvte the City of Fort Collins is exempt from site and local nixes. Our Exemption Number is IL NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificme of Registry 84-6000587 is registered with the Called, of Failure of the Purchaser to insist upon snip performance of the terms and conditions henaf, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due a failure to meet sperifi=tions, either when shipped or due to defects of any Of the warranties or obligations of this purchase order and shall not be d«med a waiver of my right of the damage in transit, may k mutnM no you for credit and are not to k replaced except upon receipt of written Purchaser to insist upon strict performance hereofor my of its rights or remedies a, to any such grads, regardless instructions fiom the City of Tom Collins. of when shipped, received or accepted, as, to my prior or subsequent default bereander, Our shall any porponed oral modification or rescission of this pmebase order by the Producer opmte as a waiver of any of the terms Inspection. GOODS are subject so the City of Fon Collins impaction on radical. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this arder can mutt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Far Collins. However, it is to M understood that FINAL Seller and the purchaser recognize Nat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion craft applicable r dirm inspection procedures violations are in fact home by the Purchuer. Theretofore, fot good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have ar transfer Freight Terns. Shipments most be F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or suite antiwst laws for such ...charges relating to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased Or acquired by the Purchaser pursuanno this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.detective Shipment Distance. Where manufazmrers have distributing N various pans .f the country, shipment is Purchaser directs the Salle ran=nfomtmg or defective goods by a date m be agreed upon by the pomp o datinstiaa end excess freight will be deducted f Invoice when expected fiom the nearest d excess the Seller, and the Sellery in inability or unwillingness In comply. the Purchaser Pure a la th sM1iptrenn are made f greater distance. rimer distance, the most may rssw the work to performed by the mint expeditious mesas esailable b it, and Ore Sella shall pay all busy cause due such costs associated with such work. Sella shall procure sellers sole cost all necesssry pemin, certificates and licenses raluired all w d mute, municipality, territory or political subdivision where applicable laws, regulations, ordinances end roles applicable The Sell, shall mime the Purchaser and in mmm�ors of any tier fi.m all liability and claims of any noire required by any other duly constituted public authority having jurisdiction over the work the work is performed, duty resulting from the performance ofsuch wink. r harmless from and against all liability and loss vendor. Sella further agrees to hold the City of Fort iCollins incurred by them by mason of on asserted or established violation of any such laws, regulations, oovimnces, item in This release shall apply even ethe event of faoLL of negligence of the party released and shall extend to the and requirement . directors, officers and employees ofsuch parry. AutMrvatioa All partly to this conduct agree that the representatives are, in fact, bore fide mW Tawas full and complete a dho bW to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits aceeptan« to the temp and mvditions sated herein set fond and any supplemcnary or addsotnl min end conditions normal knew or incorporated hares by reference. Any additional or different terms and conditions proposcd by seller are objected to and hereby ialed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment o none on your promised delivery dale as noted. Time is.f the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents attached herem. No acts of the Purchasers including, without limindi.a acceptance.(patriot kale deliveries, shall Operate as a waiver of this provision. In the event of my delay, the purchaser shall back, in addition to other legal am ov, able remedies, the option of placing this ruder elsewhere and holdi.g the Sella liable far damages. Howe.., the Seller shall rot ed liable for dinages ss is mail of delays due to roues not reasonably foreseeable which are beyond its re amble control and wiNoul its fault of negligence, such acts of God, act of civil or military authorma, governmental prionties, f a tot es, Rood, epidemics, wars or dots provided Nat mdice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first racived knowledge th menC In the event of any such delay, the dam of delivery shall bk mended for Ne pmod equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all good, anicls, materials and work covered by this order will cant with applicable drawings, Nominations, samples =rpm other descriptions given, willed fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standard for work of a similar more. The Sella agrees to hold the Footlocker harmless firm any lass, damage or expense which the purchaser may sort. «incur an account ofNe Sellers breach of.ly. The Sell. shall replace, minor or make good, withom cost to the pacbook , any deals or faults arising within one (1) year or within such I.,,,'moci of time as may be presmbed by law m by the terms of any applicable wamary Provided by Be, Seller after the die of acceptance of the good famished hereunder (acceptance nor to he unreasonably delayed), resulting man imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. 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 warranties or guvancomes, but such liability shall in no event include loss ofp,.fis or loss of ask. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tenets by woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any eMnges to me terms, other than legal moms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change ethers the count due or the time ofpaurciance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at my time by written change order, li m uncle this agreement as to my or all pnnimes of the goad then not shipped, subject to any equiable ndjostm=i h.we= the ponies as or on, work or materials then in progress provided fast the Purchaser shall not be liable for my claims for anticipated pmfiu on the mmmpleted pedion of the goad and/or wok, for incidental or consequential dimges, id thin no such edjrtsmxnt be made in favor of the Seller with respect to my good which no, the Sellers standard stork. No such mmNminn shall relied the Purchaser or the Seller of any oftheir obligations as in my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm Ne date the change or rcmindion is covered. S. COMI'LL1NCE WITH LAW. The Sellerwamnts that all goad sold hereunder shall have bee. produced sold, delivered and founded in stilt compliance with all eppliceble laws end regulations to which the goads arc subject. The Seller shall execute and deliver such ducumrna as may be requited m effect or cvidence..pit.. All lass and regulations reqwred to be incorporated s agreements of this character ate hereby imorpommd herein by dtis refcrcna. The Seller agrees to indemnify and hold the punhaver hamless from all adds and damages suffered by the purchaser as a result of the Sellers ailme to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or my monies din or to become due hereunder without the poor written consent ofthe other ready. If. MLE. The Seller common full, clear and mum ricted ride to the Punhask, for all.ryipnent. matmak, and items famished in performance of this agrekment, free and clear of my and all liens, restrictions, reservations, samiry, interest rncumbmoces and claims of otters. The Sellers contractual Obligations, including warranty, shall not h d«med to be reduced, in any way, because such work is performed or caused as he performed] by the Purchaser. 14. PATENTS. Renner the Sellor is raryirW to use any design, device, material or press covered by later, patent, trademark or copyright, the Seller mail indemnify and save harmless the Purchaser from any and all claims for infringement by rennin of the use of such pmemed design, device, mmerial or process in connexion with the contract, and shall indemnify the Purchaser for any cost, espouse or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pout thereof or the intended use of the good, is in such suit held to commerce infringement and the use of said equipment or pit is enjoined, the Seller shall, at in own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pasts, replace the same with substantially equal but monarchical, equipment, or modify it so it becomes wninfringing 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the bertefit of creditors, appoint a receiver err costae for my of the Sellers property or business, Nm is order ay forthwith be canceled by the Purchaser without liability. if. GOVERNING LAW. The definitions ofta. used or the inar,coation of fia agreemem and the rights of all parties hereunder such be construed under and governed by the laws ofthe Sate ofColon ia. USA. The following Additioml Conditions apply only in cases where the Seller is to perfom wok homanda, Including the services of Sellm Ri,mucntadive(sh on the pmnisa ofotMrx 19. SELLERS RESPONSIBILITY. The Sella shall carry on said wok or Sellars own risk until the same is fully completed sod..Tied, and shall, in se of any accident, destruction or injury to the wink and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the situ and become responsible therefor as though such materials andor equipment were being Buckshot by the Seller under the order. 18, INSURANCE. The Seller shall, err bis own expense, provide fro the paymmt of workers compe action, including occupational disease benefits, to its employees employed can or an connection with the work covered by this purchase order, madsor or thew depending, in accordance with the taws of the sate in which the wok is m be done. The Seller shall also carry comprehensive general liability including, but runt limited to, ..I and automobile public liability associate with bodily injury and death limits of at least 8300,000 for any one Person, S500,000 for any one accident and propmy damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any wok upon the premises of others, the Sella shall fitmish the Purchaser with a cenifimtc that such compensation and insurance have been provided. Such cenificara shall specify the dais when such compensation and insurance have been provided. Such «nifi=ter shall specify the date whin such compensation and insurance expires. The, Seller agrees that such compensation and ssvrm<e shall be waintaimd anti) after the =tire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella herebystation the entire demonsLility and liability for my and all damage, loss or injury of my kind or ramre wlntwever to persons or progeny 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 hamless the Purchaser and any r all of the PmcM1iers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons m property to which the purchases may be put Or inbjeel by reason of any act, action, neglect, omission or &ionic on de pan of the Sell., my of his contractors, or my of she Sellers or contractors oRcers, agents or employ«a In case my suit or other proccorm, shall be brought against de purchater, m its oRkers. agent, or employees at my time on ac=mn or by noon of any arc% sam., digit omission or default ofNe Seller of any of bit eontradms ar any of its or their oMe., agents ar employees as aforesaid, the Seller hereby .greet to assume Ne defense thereof and to defend the same a Ne Sellers own expense, to pay any and all cosh, charges, attorneys fees and other expenses, any and all judgments Nat may be incurred by or obtained against the Pufchazer m my of its or their Officers, agents or employees in such suits a other Proceedings, and in case judgment a other lien be placed upon or obtained against the property of the Purchoser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond Or otherwise. The Seller and his contractors shall take all safety precmtions, famish and insall all goorm necessary for the prevmti.n of accidents, comply with all laws and regulations with regard to suar including, but without limitation, the Occupational Safety and Holm Act of 1970 and all tales and regulations issued Functional thereto. Revised 07/2014