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HomeMy WebLinkAbout309950 T2 SYSTEMS INC - PURCHASE ORDER - 5508580PURCHASE ORDER PO Number Page City Of 5508580 1 of 2 F6r} Collis ns This number must appear 1 on all invoices, packing slips and labels. Date: 05/19/2011 Vendor: 309950 Ship To: PARKING SERVICES T2 SYSTEMS INC CITY OF FORT COLLINS 7835 WOODLAND DR #250 215 N MASON, 1 ST FLOOR INDIANAPOLIS Indiana 46278 FORT COLLINS Colorado 805244 Delivery Date: 12/21/2005 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price e CHANGE ORDER #3 1 LOT EA 2,400.00 (REQ #39719) Total $2,400.00 C3 0 n�Q, Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is mgisbmil with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mat specifications, tither uhrn shipped or due to defects of damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival 11. NONWAIVER. Paden, of the Purchaser to insist con. strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Scllcr ip the event of a breach, the acceptance ofor payment for goods hercunda or approval ofthe design, shall not release the Sellaof any ofthe mammies or obligations of this purchase order and shall not be deemed a waiver of any right ofthe Purchaser to insist upon strict performance hcrerfor any of its rights or rcmcdics as to any .such goods. rceadless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tcmx hereof. Final Acceptance. Receipt of the machandisc, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. Ilnuever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmadures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ovdm, the Seller hereby aaigns to the Purchnscr any mid all claims it may now have or hereafter Freight Tens. Shipments must be F.O.B., City of Fort Collins 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased oar acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Hthe Purchaser directs the Seller to recover nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller thetea0cr indicates its inability m unwillingness m comply, the Purchaser shipments arc made from greater distance. may cause the work to be Performed by the must expeditious means available to it. and the Seller .shall pay all costs as. ncimcd with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and rules of me state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the reptescntalivex are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits naepuancc to the tens and conditions stated heroin set fnnh and any supplementary or additional tens and conditions annexed hacto or incorporated herein by reference, Any additional or different terms and conditions proposed by seller arc objected to and hereby 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 essnce. Delivery and performance must be effected within the time stated on the purchase order and the documents allachcd hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries. shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the Option of placing this Order vlSewhcm and holding the Sol [or liable for damages. However, the Seller shall not he liable for damages as a result of delays due to eau es not reasonably foreseeable which are beyond its reasonable control and without its fault of negl igacc. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Bond, epidemics. sears or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella 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 Seller 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 for the purposes intended, and performed with the highest degree of cam and compdcnce in accordance with accepted standards for work of a similar nature. The Seller agrees to held the purchaser harmless from any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase,. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tens ofany applicable warranty pmvided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work drum or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvided in this purchac order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Many of the foregoing wam nines or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhxscr may make changes to legal tens by utfncn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal max, including additions to or deletions Item the quantities originally ordered in the specification, or dmwings, by verbal or wTitter change order. If any such change affects the amount due or the time of perfnmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by cornen change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress pmvided that the Pumhascr shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that nn such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such lamination shall r licvc the Purchaser oar the Seller of any of their obligations as many goods delivered hacunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordcmd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and 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 or to become due hereunder without the prior oThmn consent of the other party. 10. TITLE, The Seller wamnts full, clear and unrestricted title In the Purchaser for all equipment. materials, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, mscreations, security interest cncambmnccs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomancc of such 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 ofsamh part'. The Seller's contractual obligations, including wamnty, shall not be deemed to he reduced, in any may. because such work is perfnmted or caused to be perfoned by'the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or pmcns covered by letter, patent, trademark oar copyright, the Sella shall indemnify and save harmless the Purchnscr from nay and all claims for infringement by reason of the use of such prtared design, dm icc, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infring cal at any time during the prosecution or aRer the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, either procure for the Purchaser the right to continue using said equipment oar pans, replace the ,.are with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or mstce for any of the Sellers pmNrry or businessthis order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW, The definitions efmms used or the interpretation offic agreement and the right of all parties hereunder shall be construed under and govemed by the laws ofthe State of Cclomdo. USA. The following Additional Conditions apply only in cases .where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscntative(sk on the premises ofmhers. 17. SELLERS RBSPONS 1111 LI TV. The Sella shall cam on said work st Seller's own risk until the sane is fully completed and accepted, and shall, in case of any uceidcnt destruction or injury to the work sad/or ..aerials before Seller's final completion nd acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle lime at the site and become responsible thcmfer as though such materials and/or equipment were being fumishcd 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 hawfft, to its employees emplOycd on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the lams M the state in which the work is to be done The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dczth limits of at least S3MI,W0 for tiny one person. S506.000 for any one accident and pmpeny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumaee. Beforc any of the Scllcrs or his contractors employee shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a ccnificam that such compensation and instance have been pmvided. Stich ecnifieims shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insnnnce shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. l'he Seller bachy assumcs the entire responsibility and liability forany and all damage, loss or injury ofany kind or nature whatsoever to per, or propctry caused by or resulting front the execution ofthe work provided for in this purchase oiler or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and nny or all Of the Pnmhnscrs officers, agent and employees fmm and against any and all claims losses, danagcs, charges or expenses, whether direct or indirect, and whether to persons or pmperry to which the Purchaser may be put or subject by reason of any act. action, neglect. emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors offiars. agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any It on account or by reason of any act, action, neglect omission or default of the Sella 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 same a1 be Scllcrs own expense to pay any and all costs, charges, attorneys fees and other expenses. any and all judgment mat may be incurred by or obtained against the Pumhascr or any of its or their oRcas. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon Or obtained against the pmperty of the purchaser, or said panics in or as a result of such suits or other pmcax ings the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, furnish 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 mlcs and regulations issued pursuant thereto. Revised 03/2010