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HomeMy WebLinkAbout174826 SIRE TECHNOLOGIES - ALPHA CORP - PURCHASE ORDER - 9120318PURCHASE ORDER PO Number Page City OfCollins ��� 9120318 1 of 2 oll I n CJ This number must appear Flirt C ,t—J`-' ` on all invoices, packing slips and labels. Date: 0112012012 Vendor: 174826 SIRE TECHNOLOGIES - ALPHA CORP 2211 WEST 2300 SOUTH WEST VALLEY CITY Utah 84119 Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 01/20/2012 Buyer: ED BONNETTE Note: PER INVOICE #32051 DATED 1/3/2012. Line Description Quantity Ordered UOM Unit Price Extended Price ANNUAL SOFTWARE MAINTENANCE 1 LOT LS 60,456.79 SIRE ENTERPRISE LIC AGREEMENT ANNUAL SOFTWARE MAINTENANCE AGREEMENT FOR SIRE ENTERPRISE LICENSES TERM EXPIRES: 2/28/2013 Total $60,456.79 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 Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered 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 meet specifications. either when shipped or due to defects of damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seiler of any of the wamn tics err obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, 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 Fort Collins. However, 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 procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B.. City of Fort Collins. 760 Wood St.. Fen Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased unrequited by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to coned 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 Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. Permits. Seller shall pmaurc at sellers sole cast all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the suite. 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, onlinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete mahoriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be 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 waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m causes not reasonably forcucable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofci,il or military authorities, governmental priorities, Gres, strikes. flood, epidemics, wars or riots 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 Seiler warrants that all grad, ankles, materials and work covered by this order will confam with applicable drawings, specifications, samples andlor other descriptions given• will be fit for the purpnscs intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a .similar nature. The Seller agrees to hold the purchaser hamde. from any loss, damage err espame which the Purchaser may suffer or incur on account of the Sellers branch of wamnry. The Seller shall replace, repair or make good, without cast to the purchaser, 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 terms of any applicable warranty provided by the Scllcr aficr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiter ofany claim under this wamny. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing aamntics or guarantees, btu such liability shall in no event include loss of pmftts or loss infuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terms by wntma change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofprrf mancc hereunder. an equitable adjustment shall be mnde. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, .subject to any equitable adjustment bct ven the panics as to any work or materials then in pragmss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of ncc goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the greeds are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hnmdess fmm 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 orlcz or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser fur all equipment, materials, and items form ished in performance of this agreement free and clear of any and all liens, restrictions, reservations, serenity interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature on, oiling from the Performance ofsuch work. This nele.se shall apply even in the event of fault of negligence of the party released and shall cstcnd to the dimctm,. officers and employees ofsuch party. The Seller's contmetuol obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Leto, parent, trademark or copyrigIn, the Seller shall indemni fv and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pracec in connection with the contract, and shall indamify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan 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 its con expense and at its option, either Fortune for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or mete, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liahilirv. 16. GOVERNING LAW. The definitions of terms used or the intametalion ofthe agreement and the rights ofall panics 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 Scllcrs Repremmative(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Seler's own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance complete the work at Sellch own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler. the Seiler shall receive, unload, store and handle same at the sit, and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own cxpensc, provide for the poya,"t ofworkas compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or 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 and dcatA limits of at (cast 5300,000 for any one person. S500,000 for any one accident and property 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 Scllcrs or his contractors enployces shall do any wort: upon the premises ofothcrs, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance havc been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees fl nt such compensation and insurance shall he maintained until a0cr 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 ofnny kind or nature whatsoever to persons or property caused by or resulting from the ceeculion of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action. ncglmt omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or emtmctors officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser. or its offerers, agents or cmployccs at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or cmployccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own espenw, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their infects, agents or employees in such suits or other proceedings and in case judgment or other lien be placed upon or obtained against the property of the Purchnser, or said panics in or as a result of such suits or other proceedings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall lake all safety precamions, furnish and install all guards necessary for the prevention of accidents. comply with all Imes and regtdations with regard to safety including. but without limitation. the Occupational Safety, and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010