HomeMy WebLinkAbout278986 AMX INTERNATIONAL - PURCHASE ORDER - 66061166av,
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City of Fort Collins
City of Fort Collins
Page Number: 1
Date: 09/23/06
Purchase Order Number: 6606116
✓curdy ✓alc. V.7744luo Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 CONSULTING FEES 13,200.00
M. MCDONOUGH
HUMAN RESOURCES AND PAYROLL CONSULTING ON AN AS -NEEDED BASIS
FOR MAINTENANCE, SETUP, SUPPORT AND PROCESSING RELATING TO
THE JD EDWARDS SOFTWARE.
PROJECT INCLUDES AND ESTIMATE OF 80 HOURS FOR:
LEAVE REQUEST APPROVAL AND SETUP (FOR HR USE WITH NEW PTO,
NOT AS SELF SERVICE).
FML TRACKING AND REPORTING
ROLLOVERS
ANY EMPLOYEE/MANAGER SELF SERVICE TIME ENTRY AND PAY STUB REVIEW
COFC CAN SCHEDULE PAYROLL CONSULTING TIME WITH FRANK McMAHON BY
CONTACTING AARON WEBB DIRECTLY AT (303)751-0445 OR
aaron.webb@amxinc.com
TIME PERIOD FOR PERFORMANCE IS SEPTEMBER 2006-SEPTEMBER 2007.
SCHEDULE OF FEES:
PROJECT MANAGER $165.00/HOUR
APPLICATIONS CONSULTANT $165.00/HOUR
TECHNICAL CONSULTANT/CNC CONSULTANT/PROGRAMMER $165.00/HOUR
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City of Fort Collins
Page Number: 2
City of Fort Collins
Date: 09/23/06
Purchase Order Number: 6606116
uenvery uate: Ua/uiUb Buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
2 TRAVEL EXPENSES 4,000.00
M.MCDONOUGH
TRAVEL EXPENSES WILL BE BILLED AS FOLLOWS:
AIRFARE, CAR RENTAL, HOTELS, MISCELLANEOUS EXPENSES @ ACTUAL
COST. MEALS: IRS ALLOWABLE MEAL PER DIEM (CURRENTLY $54).
TRAVEL EXPENSES ARE ONLY BILLABLE FOR CONSULTANTS TRAVELING A
DISTANCE OF ONE HOUR OR GREATER.
Total
$17,200.00
City of Fort Cc?Ifmf Director of Purchasing and Risk Management City of Fort Collins
This order is rtolhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO BOX 580
Fort Collins, CO 80522-0580
rder Terms and Condition
1. COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate to:
City of Fort Collins Accounting Division
P.O. Box 580
Fan Collins, CO 80522
Tice exemptions. By statute the City of Foil Collins is exempt from state and local taxes. Our Exemption Number
is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collectorof
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due to defects
of damage in transit, may be manned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Foil Collins.
Inspection. GOODS am subject to the City of Fort Collins inspection on arriva
Fund Acceptance. Receipt of the merchandise, services ar equipment in response to this order can rsult in amhosiud
payment on the Pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fat Collins. 700 Wood St, Foil Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay fi'eight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shiprrrent Distance, Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, mid excess freight will be deducted from Invoice when
shipments are made from greater' distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority flaying jurisdiction over die work
of vendor. Seller further agrees to hold the City of Fort Collins hamdess fair and against all liability and loss
incurred by them by reason of an asserted or established violation Offaly such laws, regulations, ordinances, rules
and requirements.
Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess full and
complae authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary a' additional terms and conditions murexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and her rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your'
promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiva of this provision. In the evert of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, den option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays
due m causes no reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, arms of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars
or tarts provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit fa' the purposes intended, and performed
with the highest degree of care and competence in accordance with accepted standards fa' work of a similar nature.
The Sella agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchase' may suffer
or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gonad, without cost to
the purchase, any defects or faults arising within one (U year or within such longer period of time as may be
prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of
the gads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective
work done w materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a
waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Setters liability
hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or
guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OROF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, odder'than legal terns, including additions to or deletions bun
the quantities originally ordered in the specifications or drawings, by verbal or written change order. Italy such
change affats the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or' all portions ofthe
goods then not shipped, subject to any equitable adjustment between the parties as to ay work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods and/or work, for incidental or consequential ciarr iti s, mid then no such adjustment be made in
favor ofthe Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim fa adjustment most be asserted within thirty (30) days from the date the change or termination is ordered.
I. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in $trict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliversuch documents as may be required to effect or evidence compliance. All laws and regulations 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 aid damages suffered by the Purchaser as a result of
the Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due of to become due hereunder without the
prior written consent of the other party.
10. TITLE
The Seller wannnts full, dear and unrestricted tide m the Purchaser' for all equipment, materials, and items furnished
in pedoomance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest
eacumbraces ad claims of others.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict performance ofthe teens and conditions hereof, failure m delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in tilt event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be created a waiver of any right of the
purchase' to insist upon suicl perfornatence hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, revived or accepted, as to any prior of subsequent default hereunder, nor shall any purported oral
modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations
.if in fact bonze by the Purchaser. The, for good cause and as consideration for executing this purchase of del',
the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or
state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the
Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and dse Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the walk to be perforated by ow most expeditious oieaos available to it, and the Set It, shall pay all costs
associated with such work.
The Serer shall release the Purchaser and its contractors of any tier from all liability and claims of anynature
resulting from the perfo ramice of such work.
This release shall apply even in the event of fault of negligence of the petty released and shall extend to the directors,
officers and employees of sach party.
The Sellers contractual obligations, including waoulty, shall not be dcemed to be reduced, in any way, because such
work is per orned of caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
at copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract and shall
indemnify the Puuchasen' for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution ov after the completion of due work. In case said equipment, or any
part thereof m the intended use of the goods, is in such sail held to constitute infringentent and the use of said
equipment or pan is enjoined, the Seller shal 1, at its own expense and at its option, either procure lot the Purchases
the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing
equipment, or modify it so it becomes non -infringing.
15.1NSOLVENCY.
If the Seller shall become insolvent or hanki upt make an assignment for the benefit of creditors, appoint a receiver
or trustee for any ofthe Sellers property or business, this carte' fully forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of teats used or the intnyretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including
the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sell.' shall carry al said work at Seller's own risk until the same is fully completed mid accepted, and shall, in
case of any aceident destruction or injury to the work and)or materials before Sehm s final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and
equipment are furnished by others for installation of erection by the Seller, the Seller shall receive, unload, store and
handle same at the site and become responsible therefor as though such materials and/or equipment were being
famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed urn or in connection with the work covered by this purchase order, andor
to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also
carry comprehensive general liability including, but not limited to, contractual and automobile public liability
insurance with bodily injury mud dcath limits of at least S300,0W for any one person, S500,000 for may Dote accidtnt
and property damage limit per accident of $400,000. The Seller' shall likewise require his contractors, if any, to
provide of such compensation and insurance. Before any of the Sellers or his contractors employees shall do any
work upon the pmnisa of others, the Seller shall famish the Purrchmer with a certificate that Rich compensation and
insurance have been provided. Such certificates shall specify the date when such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller
agrees that such compensation and insurance shall be maintained until after the entire work Is completed and
.accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
of 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 Purchaser and any
or all ofthe Purchaser's officers, agents and employees from and against any and all claims, losses, damages, chm'gs
or expenses, whether direct or indirect aid whether to persons or property to which the Purchaser may be put at
subject by reason Offaly act action, neglect, omission or default on the part ofthe Seller, any of his contractors, of
any ofthe Sellers of contractors officers, agents or employees. In case any suit or other proceedings shall be brought
against the Purchase', or its officers, agents or employees at any time oa account a' by reuoit of ally act, actiai,
neglect. omission err default of die Seller of any of his contractors or any of its or their officers, agents or employees
as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sane at the Sellers own
expense, to pay any and all costs, charges, attorneys fees mid ether' expenses, any and all judgments that may be
incurred by or obtained against the Purchaser of any of its or their officers, agents a' employes in such suits or other'
proceedings, and in cmejudgment ar other lien be placed upon or obtained against the Property ofthe Purchaser,
or said parties in or as a result of such suits or other proceedings, the Seller' will at once cause the same to be
dissolved aid discharged by giving bond or otherwise. The Sella mid his contractors shall take all safety precautions,
famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with
regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules mid
regulations issued pursuant thencto.
Revised 11/9
Administrative Services
Purchasing Divison
i! r)f Fort Collins
ADDENDUM TO PO #6606116 TO AMX INTERNATIONAL
September 22, 2006
Prohibition Against Emploving Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said
work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the 'Basic Pilot Program") in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
215 North Mason Street a 2nd Floor a P.O. Box 580 a Fort Collins, CO 80522780 a (970) 221-6775 a Fax (970) 221-6707
www.fceov.com
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the course
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
actual and consequential damages to the City arising out of Contractor's
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
AMX International
In
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
Please sign this letter in the space provided and return to the City of Fort Collins, Purchasing
Division, within the next fifteen (15) days. If delivered, please deliver to 215 North Mason
Street, 2"d Floor, Fort Collins, CO 80524. If mailed, the mailing address is P.O. Box 580, Fort
Collins, Colorado 80522-0580.If you have any questions regarding this renewal, please contact
Ed Bonnette, C.P.M., CPPB, Buyer, at 970-416-2247.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
1 ,00 t i a i,tR:liki 4)y ?lts, 1,
N�DQ ..%y i�M+Kf:,.t7... 1 i gy,,,,fi 11 i iQTt h'AL
N 2 r at
r§ PmzI rta tt ..morm i?)is paragraph shall apply to ail
�,,c rrofct,ss yr,szsc ofirfc noanve of )wart su;rder tuts Agreement (4005 rust invo-Ve loe delivery of a
s eiSic slid g"Tinuc1 otiv !Iraq toports that are morely alcidental to file perioo-narae of said
*o* FersuwIt,c Section 8,17,5-i€t;_ C;.R.S, or "eG.. Contractor.epeeseras and sc-reas then
,-ntfe ctor coez riv krau€rgiy employ or ceraract With an illegal alien: and
rryrtrCct4r hsc p ilopatfsd or ataer )fed to pattidpato in the basic pilot
omidoyrr.ontyltelfication,xogr€ m created it, Pifbllc Lan 208. 104th
»e' grssss, as amerfoad, and expanded in Public Law 1,%. 1,0311"
Congress, as amended, edminlste'od by the Unitee States Departmsnt Of
fa as iy,d c r'it} (tF€e sBasic Pilot Program" l Ira order to verify that
€'_c r poi does €lot anmploy ar-,y illegal atieAs.
f�! Co"'gorier shall not kriamngly employ ar contract wain art illegal allen to
parrrm works tinder tits Agreement or sntet rota a ccntfan will) a
>u oar a br r t t feria to certify to Coatroator ,NW the au , ;truer slat, net
mewsn '.X spiplovor contrail wiaa, art iggat een to peaexrn lvorfr under tNfs
�,r,•a�ernear.*.
v t scow arid; r"nrriinue to apply to participate in ire task Net Progra, Snit
-,aofy Sarno every i:•rriel {"".j varaWiiir rq nrh$ thttreaftet, until
r r.t act s iS acrapte r r the t,un i„ Cot IleCt for services has been cor"M led,
it rr40cr. The req+u rera)ants of `Ilia section glad not be required "r
Bavc P'Eut Piogran) "i dliic,=?Y"Clrued
fro 1dsirg H als'F Ntot Prog ti'a prasccdur+3S to
of ,r h 11,PkAr ix An+''.tNS Agftarnet; is
tfial
�.nCV ,"' r`�•i#7'tY tlif,qai i7(t€;ri.
z* '*arth "x3as�A `Zrsstt ^ k,ee; 19.fJ R+sx i'�b FiYs1 4"€u'�s, t'G 4$?2-t34$8' f�'€il 2>T7.67fiS' Yaw (47vv Ili. 70
G + __
'1t:16 F(9 ..'fF(i S.'Its N WuS FM, A, .' 7'a1.:-' P,Qt;>15
"`to.kty such sul,ovactoe and Ire City W'sttun three days tat conlricfOr
,"its actt-al knowledge that they subcai r ricr is ernlila�ring or contievina
+:tsth ar, illogai alien; and
2. f ellujoate the SUbeontract With the SksbccmL�actstr if Vinthin thine days of
receiving the notice required pumartt to this section dins subcontractor
does not sense employing or contracting With the ilfcgalalrM except that
Contracor shalt not terminate the contrast with the sabcomactor it dM'Ing
sash three days to subcontractor provides inkmiation, to establish that
tree subcrnrador `raft rxaf knowingly e+nokiyed c.- c:o,: trarrted With an illegal
Comiector shad romply with any reasonable rl rquel at i"te Colorado
Department of Labor and Employment (the'Department"ll made in +he course
of an investigation rfhat the Department undertakes or is and King rt.irsodim
to me author€fl; esab4isnod to suwectior E ^ Cti.s.
,q 11 Ci)n4racror violaees any provision of =rn ,. Agreement > ercai'.nino to the dufseu
i m,=osed by Subsos:tion R.., 7.5-Stf , C.R. the Cqy may xarrn nazo ails
ttgraomer.;, It this At;reome':nt is so'batminated, Cxntrar, or shall be liable for
actual anu consequential damages to the City a'isino 0,3 of Ckntrador's
vio abopi of scabsecficn F-17.5-102, C"R S..
H r2le C ty will nefif+are.. Qft, e of tfte Bert :tart of St- tt t r,ontFactor v"saiates
irsi;: rrf;,vis[on c finis A?;reuatngr; �rr� t'��! t°�'Y terrfiin�i�x Itcr Jarlrer:ss�eni. 3c'.tr
,uzh nre<ach.
AtAX. I,Ac frationual
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