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HomeMy WebLinkAbout169591 TRAPEZE SOFTWARE GROUP - PURCHASE ORDER - 2208592Date: 12/18/02 City of or, C Page Number: 1 of 1 City of Fort Collins Purchase Order Number: 2208592 Delivery Date: 12/17/02 Buyer O'NEILL,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. ime: Line Qty/Units Description Extended Price 1 1 each RidePro Onsite Maint/Training Total This order is rMQthalld over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6776 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us 3,000.00 3,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pumbase Ordef Terans and Conditions 1. COMMERCIAL DETAILS. Invoice Address. To memo prompt Payment mail invoices in duplicate m: City of Fat Collins Astounding Division P.O. Box 580 Port Collins, CO 80522 Tax exempeans. By stem, the City of Port Collins is exempt from state and band m m Our Exemption Number is 98-04502. Federal Excise Tan Exemption Caaficae of Registry H4-6000587 is registad with the Collector of Internal Revenue, Dover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Crowds Rejected. GOODS REIECTED due so failure m now specifications, area when shipped or due to defects of damage in tranal, hey be removed to you far credit and ore not, be, replaced except upon reap of written instramoas from the City of Pon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an arrival Fined Acceptance. Radp ofthe mercM1mdiee, saviors Orequipnmt in resporee m this ordercan result in euma;red payment m the pert of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspectim procedures. Freight Tema. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, =less otherwise epecified on this order. Upemiasim is given to prepay freight and charge separately, the original freight bill must ammpmy invoice. Additional chagw fro packing will not be accepted. Shipment Diaana. Where manufacturers have distributing points in vaioue pans of the country, shipment is expected from the.rest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made ft= grcaer distance Pemuts. Sella shall pause at sellers sole con all necessary permits, cenificaus and licenses merited by all applicable laws, segalafon, cadmium and roles of the sate, municipality, tembary or political subdivision where the work is performed, or required by my atha duly terminated public mthaity havingjunsdictim ova the work of vendor. Sella further agree to hold the City of Fret Collins ha dens from and against all liability and his incurred by them by reason of an asserted in established violation of my such laws, regulations, ordinances, mles and rcgwnments. Authorization. All parties to this contract agree that the reprmentatives are, in fact, bona fide and possess full and complete authority to bind said Forties. LIMITATION OF TERMS. This Purchase Order corporately limits moomnce to the tams =d conditions stated herein son fcrth and my supplementary in additional tom and conditions a=exal hereto or incorporated herein by reference. Any additional or different tense and conditions proposed by sell, arc objected to and hereby,jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make ample, shipmrntto arrive on your promised delivery ciao as noted. Time u of the essence. Delivery, and Pat... must be, effected within the time sated an the purchase under and me daamem reached hereto. No mtn of the Premiums including, without ,instance, acceptance of partial has deliveries, shall operae w a waver athis provision. In the event of my delay, the purchase, shill have, in addition, odes legal and smokable anomalies, the opim of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for dismga as a result of delays der to comes not reasonably Intractable which are beyond is reasonable control and without its fault ofnegligence, was acre of Gad, act, of civil in military authorities, governmental priorities, fires, strikes, flood epidemics, was or rinm provided that notice of the conditions amusing such delay is given m the Parchaer within five (5) days of the none want the Sella fire saved knowledge thereof In the event of my such delay, the data of delivery shall W amended far me period equal to me none actually lost by reason of the delay. 3. WARRANTY, The Sella moment mat all goods, articles, materials and work covered by this order will conform with applicable drawings, spaifiamtias, ampler andlor aher descriptions given, will be fit fin the prtpww intended and perfamed with de highest degree of come and co mpetenu in accordance with accepted standards for work of a simiio some. The Sella agrees, hold the p ucbaser harNess from any loss, dosage or expose which the Purchaser may suffer or incur an account ofthe Sellers breach of warranty. The Sells shall replace, repair or make good without cast to the purcbasm my defect, or faults arising within me (1) year or within such long, period of none n my be prescribed by law a by the tome of my applicable warranty provided by the Sella after the data of acceptance of the goods fumimed hereunder (acceptance not to be=maso mbly delayed), resulting from imperfect a defective work done or materials fumished by me Sella. Acceptance or use ofgmods by the Purchaser small not constitute a waiver of my claim under this warranty. Except u odha vise provided in this purchase order, the Sellers liability herentdes mall ceread in all damages proximately caused by me breach of my of the foregoing wanmaes or guaankw, but such liability shall in an eves, include low ofprofin or Icon of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pwaar a may make changes to legal more by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my charges to the temp, ore, than legal tow, including addition to a deletions from me qumtitia originally Ordered in the specifications or drawings, by verbal or wring change order. If my such change off" the comment don or the time of performma hereunder, an equitable edjmtrnmt shall be made. 6. TERMINATIONS. The Purchaser may, in my time by w+itsm change order, terminate this agreement w to my or all portions of the goods rem not shipped, subject to my equitable adjournment bonwxn me perms as to my work a materials rem in progress peavided dut the Purchwer mall non be liable far any clam far anticipated profits on the ..plead Paid. of the good omNor work, for incidental or coneequential dmegw, and that no such adjustment be made in favor of the Sella with respect to my good which are the Sellers standard stack. No such nomination shall relieve the pardoner or the Sella of my of their obligations as in my goods delivered bereunda. i. CLAIMS FOR ADJUSTMENT. My claim for adjustment one be warned within thirty (30) days from the we the change Or nomination is ordered H. COMPLIANCE WITH LAW. The Sella warrant, tho all goads sold heumder shall have been produced, mid delivered and fumimed in strict nonhpliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents u may be required, client or evidence compliance. All laws and regulatons required, be incorpwa,d in a,.0 of this chanter are hereby incorporated herein by this reference. The Sella ngras m indemnify and hold the Pardoner broad. ft. all tours and damages suffered by the Purchaser as a result of me Sell. failure to comply wire such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or movey his order, or my tames don or to become due baeunda without to Vim written ament of the other party. 10. TITLE. The Sella wersom full, clear and unuslricted title to the Purchaser for all egwpmcnt, materials, and items fmrshed in Performance of this agreement, free and clear of any and all lima, ra fticton, reservations, security interest =cumbrances and claims of otters. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the town, and conditions baeof, feilme a delay to exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the avoid of a breach, the acceptance of in payment for gads heaunda in approval of the design, shall ma release the Sella of any of the wamnties or obligation of this purchase order and shall not be, domed a waiver of my right of the purcbuer to insist upon strict Micronesia hereof or my of is rights a remedies av to my such goods, regardless of who shipped received or accepted is, my prior m subemu ed def alt heuunder, ear shall my purported oral modification a rescission of this purchase Order by the Purchaser operate as a waiver of any of the [elms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchases recognize that in mtuel aonomic preaba, overcharges reaming from antiwar violations are in fact bane by the Purchaser Theretofore, for good cause and an caeiderdtion for caroming this Panama, ceder, the Sella hereby assigns to the Purchaser my and all tams it may now have o harealler scgairid wela federalw was antitrust laws far such ovmchmgm relating to the particular goods at, services purchased or squired by the Purchaser pursuant in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diseas the Sella to arrest nonconforming or defective goods by a date to he agreed ups by the Purchaser and the Sella, and the Seller thereefor indicates its inability in unwillingness, comply, the Purchases may muse the work to be performed by dse most expeditious meets available to it, and the Seller shall pay all teats mommed with such work. The Sella shall release the Purchaser =d its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release mall apply even in the most of fault ofnegligmce of the party released ad shall extent, the theaters, Officers and employees of such parry. The Solids conounaum obligations, including warranty, shall non be deemed, be reduced, in my way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use my design, device, material a Process averts by letter, patent, mammals or copyright, the Sella shall indemnify and save harmless the Panama from my and all clime fa infringement by remon of the we of such parted design, device, material a peaces in connection with the c=tract, and shall indemnify the Forchwa In, my cast, apeme or damage which it may he obliged in pay by reason of such infnngmen[ at my tine during the proscut= or after the complam of the work. In case mid equipment, or my pat thereof or the intended use of the goods, is in such suit held to common, infringement and the we of said equipmmt apart is enjoined, the Sella shall, a its own expense and a its option, ather peom a fa the Parchwa the right to continue using said equiPnunt or pens, replace the same with substantially equal but non -infringing alienation, or modify it so it becomes; non -infringing. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt make an amigrunrt fa the bmafmd of aeditors, gpolar a teaiver or mume far my of the Sellers property or business, this order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tem s used or me intaprctation of the agreement and the rights of all pates hereunder shall he umswcd under and governed by the laws of the Same of Colorado. USA. The following Additional Conditions apply rely in taus where me Sella is to perform work here=der, including the services of Sellers Represatafive(s), an the Premises of other. 17, SELLERS RESPONSIBILITY, The Sella shall carry on said work at Seller's own risk unm the sane is fully completed and accepted, and shall, in case of my aaidrnt, dmwction or injury m the work mud/or nownsls be. Seller's feel completion and acceptance, complete the work a Sellds awn M. and to the sadsfmfia of the Perchance. When materials and equipment arc famished by others for installation a erection by the Sella, the Sella shall save, =load, stare and handle same at the site and become responsible therefor as though such materials andhor equipment were being furnished by the Sella unda the order. 18, INSURANCE The Sella shall, at his own expense, provide for the payment of workers compensation, including acupationed disease sweriis, to it, employees employed ne or in connects with me work avail by this purchase order, mdha to their dependents in mcardence with the laws of the state in which the work is to be done. The Sella shall also carry, comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with bodily injury and death limits of a lean 5300,000 for my new mmm, $500,000 far my one eident wed property damage limit pa accident of 5400,000. The Sella mall likewise require his comments, if my. to Provide for such compensation and summer Before my of the Sellers in his contractors employees shall do my work upon me premises of Orion, me Sella shall f rmish the Purchaser with a certifies mat such compassion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the tau when such compensation and insurance expirea. The Seller ogees that each compassion and momenta shop be mvnuincd oral after me mnrc work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mare raponsibility and liability for my and all damage, loss Or injury of my kind or mare whosoever to persons or property caused by m rwalang ft. the cxautia of the work provided for in this purchase order or in comectim herewith. The Sella will indemnify and hold harmless me purebwe and any or all of the Purchases offices, agar and employees from and against my and all claims, lours, damages, charges Or expaaes, whether direct or indirect, it whether, persons Or property to which the Purchaser may be, put a subject by reason of my son, action, neglect, omission a default an the pan of the Sella, my of his anrtmms, Or my of the Sellers Or co =his otfeas, agent, or employees. In case my wit or other Proceedings shad be brought against the Purchaser, or its officers, now or mployeas a my time an mcaunt or by reason of my ace, union, neglect, omission or default ofm<Sake of my of his contractors or my of its ne Char offices, agents or anployea as aforesaid, the Sella hereby agrees , assume the dcfmu thereof and to defend the same at the Sellers own expmu, to pay any and all made, charges, mrmeys few and other expenses, my and all judgements dim may, be cored by or aManed span a the Purchaser or my lit, Or their officers, agents a employes in such suits a aba proceedings, and in cue judgment or other lion be pieced upon or obtained upward the property of the Purcoasa, or said posies in or as a result of such suits or other Procmdngs, the Sella will a once amuse the same , be dissolved and discharged by giving bond or otherwise. The Sella and his conmctas ahal take all safety prommons, famish and instal all g.do necessary fa the pavmton of accidents, comply with all laws and regulations with regard to safety includin& bon without limitation, the Ocmpoioml Safery and Hearn Act of 1970 and all odes and regulatione issued puwumt harem. Revised I1/9