HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147549PO Page
City. of
PURCHASE ORDER 914754er
9147549 tofz
Flirt Collins
This number must appear
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on all invoices, packing
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and labels.
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Date: 01/09/2015
Vendor: 114178
Ship To:
PUBLIC LIBRARY (MAIN)
DELL MARKETING LP
201 PETERSON ST
ONE DELL WAY
FORT COLLINS CO 80524-2990
MS: RR1-35
ROUND ROCK TX 78682
Delivery Date: 12/22/2014
Buyer: ED BONNETTE
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
2 ADDENDUM TO PO #9147549
1 LOT
EA 15,711.60
Double shipped above order
(req 49304)INV XJMBF9XM4 1/2/15
OLD DOMINION WAYBILL #35045526338
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.mm
Total $15.711.60
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. COMMERCIALDETAILS.
Tax exemptions. By starom the Ciry of Pon Collins is exempt firm some and local taxes. Our Exemption Number is
9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is modernist with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Reversal Studies 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 mmnslt, may be resumed to you for credit ad art not to ha replazen except upon receipt of women
instructions from the City of Fon Collins.
Impaction. GOODS art subject o the City of Pon Collins inspection on artivs.
Final Acceptance. Receipt of the merchandise, services
respns or equipment in oe r0 this order c result in
authorized payment on the part of the City of Tom Collins. However, it is to be undsad athat FINAL
ACCEPTANCE is dependent upon completion wall applicable required inspection roustabout.
Freight Terms. Shipments most be F.O.B., City of Fort Collier, ID0 Wood Si, Pon Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Dislgme. Where tormarcmmrs have distributing Points in vurrican pans of the country, shipment is
expected fair the nearest distribution point to destruction, and excess f ight will the, deduc¢d Isom Invoice when
shipments are toads, fair greater distance.
Pont Sella shall procure at sellers sole cost all nerassory permits, cenifirates and licenses required by all
applicable laws. regulations, ordinances and ales of the sure, municipality, terrimry or political subdivision where
the work is Performed, or captured by any other duly comtioned public authority having jurisdiction over the work
of vendor. Seller further agrees in hold the City of For Collim harmless from and against all liability and lass
incurred by them by rerun of an asserted or established violation of any such laws, regulations, ac imnces, ales
and requirements.
Authorization. All panics to this contend agree that the representatives we, in fact, bono fide and possess full and
complete authority d bind said panics.
LIMITATION OF TERMS. This Purchase Order apressly limits acceptance to the temp and conditions stated
herein act forth and any supplementary, or additional ¢ran and co ndrom amexen haseto or incorporated herein by
refeaame. Any additional or dift ouemts and conditions proposed by filler are Objected as and hereby seduced.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immrdiarely if you nowt make complete shipment to f rive an your
Promised delivery date as noted. Time is of the announce. Delivery and perfammm meet h effected within the time
stated on the purchase whet and me documan atuch d hereto. No arts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate in a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and crumble remedies, the option ofplacing this order dfiwhert
and holding the Sella liable fed damages. However, the Seller shall not be liable for damages as a result of delays
due to muses not reaunably forest able which are beyond its reasonable contra] and within, its fault ofnegligma,
such acts ofGod, was ofeivil or military authorities, governmental niooies, fires, strikes, Good, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to rse Purchaser within five (5) days of the
time when the Seiler first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wvrrems Bat all goods, micler, materials and work covered by this order will conform with applicable
drawings, apaificatiom, maples and/or other dcuriptions given. will ba fit fir the purposes intended, and
performed with the highest degree of arc and competence in mcondmce with accepted standard for work of a
similar mare. The Seller agrees to hold the poorhouse, hairless from any loss, damage or expense which far
Purhaser may suffer or ineor on account of the Sellers breach of w tyro The Seller shall naplatt, repair or make
good, without coal m the purchaser, any defttn or faults arising within one (1) year or within such longer period of
time as may M prescribed by law or by the teams army applicable wanmry provided by the Seller &Bar the date of
.or. of the goods famished hereunder (acceptance ma as ba nably delayed), resulting form imperfect
or defective work done a rmteriak finished by the Seller. Acceptance or toe of goods by the Pudbaser shall not
random, is waiver, of my claim coder Nis w.,y. Except as other mix provided N this turnabout order, the Seller
liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing wmranties
or guarantees, but such lisdairy shall in no event include loss of prwfn or loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
Ile Purchaser may make changes to legal teats by written change oiler.
S. CHANGES IN COMMERCIAL TERMS.
The Pudhafir may make any changes m the Maas, other than legal teats, including additions to or deletions, from
the quantities originally ordered in rise snafficatiom or drawings, by serial or wnrrn change order. If my such
change nRects the amount due a, the time ofperf... hereunder, an equitable adjustment shall be made.
&TERMINATIONS.
The Purchaser any in any time by wnnen change order, teamimre this agreement as to any or all portions of the
good then not shipped, subject to my equitable adjustment between the panics in, to my wok or materiels then in
prommus, provided that the Powassa r shall not ba liable fir any claims for anticipated profits on the waimpheted
portion of the good candor wok, for incidental or consequential damages, and that no such endowment be made in
Ron, of me Seiler wars respect to my goods which am the Sellers w uda l stock. No such tewdwdkm shall mlieve
the Purchaser or the Seller army oftheir obligations as to any goods delivered heretudwr
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assumed within thirty (30) days from the dale the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that sl gads sold hereunder dull have been produced, sold, delivered and fumishd in stria
compliance with all applicable laws and regulations as which the good are subject. The Seller shall execute and
deliver such documents as may be, required ao affect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmlers firm all costs and damages mferd by the Parcho er as a recall of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, bamfer, or convey this order. Or my mania due or as become due heaemder without the
prior wring comenl ofthe other party.
10. TITLE.
The Seller ..if full, clear and umestioed title to the Purchaser for sl egdpmma, mscrials, end items fumiand
in performance of this agreemenl, free and den, of any and all liens, restricvors, reservations, instancy interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfommce of the tams and conditions hereof, fshue or delay to
carmine any rights or fomenters provided herein or by law, failm to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods financier or approval ofthe design, shall not release the Seller of
any of the warrewhers or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon man indications, hcomfor my of its rights or remedies as to any such goods, remotions
of when shipped, received in accepted, as to any prior or subsequent default hereunder, nor shall any puapond
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the [erase
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in utml economic practice, overcharges resulting from antimut
violations we in fact bode by the Purchaser. Therviumm, for good area, and as comideration for executing this
purchase order, the Seller hereby aseigm to the Purchaser any and all claims it may now have or hereaRe,
acquired under federal or state If., lawn for such overcharge relating to she, particular good or services
Functioned! or acquired by the Purchaser pursuant as this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dirtxn the Seller to correct nonconforming or defective goods by a date in he agreed upon by the
Purchaser and the Seller, and the Seller thetexfter indicates its inability or unwillingness ao comply, the Purchaser
may atru the work as be performed by the trod expeditious mead available to it, and that Seller shall pay all
costs associated with such work.
The Seller shall Macau Nc Purchaser and its contractors of any tier from all liability and claims of any metre
aching from the performance afsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees afsuch party.
The Seller's contractual obligations, including warmly, shall not be dmmd to be reduced, in any way, because
such work is performed or mused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lean,, patent, trad.r
or copyright, the Seller shall indemnify ad save hmmless the Purchaser fair any and all claims for h n6emmt
by rmaun of the me of such plated design, deice, material or process in connection with the contact, and
xball indemnify the Purchaser fir any cost, expense or damage which it may be obliged to pay by reamer ofsuch
infringement m any fide during the promcutio s or after the completion of the wok. In case said equipment, or
any Par, thereof or the intended use of the good, is in such suit hold a mmtiore infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense end at its option, either procure in the
purchaser the nght as rontinue ding and equipment a pans, replace the same with aubwantially mml but
noninfnging uluipment, or modify it sec it becomes noninfnging.
15. INSOLVENCY.
If the Seller shall become insolvent m bankrupt, make an assignment for the benefit of creditors, appoint a
receiver car trustee for any of the Sellers property or business, this order may forthwith h canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftener ward or the nowwwarlon wfthe agcemmt and the rights of all panics hereunder shall fee
comwed under and governed by the laws ofahe State ofColomd0, USA.
The following Additional Conditions apply only in cases what the Seller 6 to perform wok hereunder,
including Ne services of Sellers Reptefinmive(s), m Ns, premise ofotbers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said wok at Sellers own risk word de, came is fully completed and accepted, and shall,
in cam of any a cidenh destruction or injury a the wok andla materials befoa Seller's final completion and
acceptance, exmplete the wok al Seileh own expense and to the satisfaction of the Purchaser. When mmmals
and actinium me fmahen by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same m the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the offer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupafioml
disease batfiu, to its employees employed on or in connection with the work covered by this purchase Order,
and/or m their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but not limited to, commcual and automobile public
liability incommoce with Wily injury and death limits of at least 5300.0w for my one counn. 5500,IXp for my
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if my, no provide for such mmprnsation and insurance. Before my of the Sellers or his mnrmmom
employees shall do my wok upon the premises of orders, the Seller shall furnish the Purchaser want a anificam
that such examereardim, and insurance have bcen provided. Such amfates shall specify the date when such
compelasation and insurance have been provided Smh ttnifiates shall specify the date when such compensation
and bavumnu expires. The Sena, agrees Ihat such compensatim and insurance slash be, mamained.61 after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fm any and all damage, lows or injury of.y kind
or now, whalsoever to protos, or property caused by or resulting from the execution of the wok provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers officers, agents and employees fair and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons of pnotary m which the Purchaser may
be put or subject by reason of any act, action, neglect, omission Or default oa the pan of the Seller, any of his
contractor, or any of the Schism or contactors officers, agents or employees. In even my suit of other
proceedings shall he brought against Ns, Purchaser, or in ofcers, agents or employees at my If= a account or
by reason of my act, action, neglect, omission or default of the Seller of my of has anduraOrs or any of its or
thew oifcers, agents or employers as afatessid, the Seller hereby agrees to assuam the defense thereof and as
defend the some at the Sellers own expense, to pay my and all carts, charger, attorneys fees and other expenses,
my and MI udgp mqa Oat may be incruaed by or obtained against the Purchaser or my of its or their afters,
agars a employees is such in or order proceedngs, and in au judgment of other lien Far placed upon a
obuind against fire paoltrry of the Purchaser, or said parties th or as a result of such suits at other proceedings,
the Seller will w ode muse the same to he dissolved ad discharged by giving bond or otherwise. The Seller rand
his infaredors shall take all safety precautions, huffish fact install all guard mornsway, for the priention of
accidents, comply with all laws and regulations with regard a safety including, but without limitation, the
O empatiowl Safety and Health Act of 1970 and all ales and regulations issued purtmnl thereto.
Revised W2014