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HomeMy WebLinkAbout441221 HIGH PLAINS INFORMATION SYSTEMS - PURCHASE ORDER - 9120627City of a rt Collins Date: 01/30/2012 PURCHASE ORDER Vendor: 441221 HIGH PLAINS INFORMATION SYSTEMS 6465 GREENWOOD PLAZA BLVD SUITE1025 CENTENNIAL Colorado 80111-4905 PO Number Page 9120627 1of2 This number must appear on -all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 01/30/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Annual Support - software 1 LOT LS 16,398.00 Per Inv 6484 dated 1/6/2012 Total $16,398.06 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 Order Terms and Conditions Page 2 of 2 L CO,MMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 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 he mormed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrive 11. NONWAIVER. Failure of the Purchaser to insist Linn 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 Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warn mics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcreefor any of its rights or rcmcdics as to any swh goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hcrcunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe 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 part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice everehsges 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 cold. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.P., City of Fort Collins. 700 Wood St., Fnrt Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased reacquired by the Purchaser pursuant to this purchase orden bill moot 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 If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he 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 from greater distance. may cause the work to be performed by the most expeditious means available to it, ,ad the Seller shall pay all costs asancimed with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, territory or political subdivision where the work is perforated, 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 fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorimtion. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptanec to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incopnmted herein by reference. Any additional or different ideas 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 promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hddo. No acts of the Purchasers including, without limitation, acceptance ofpanial 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 remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foresccablc which arc beyond its reasonable control and without its fault i facgligacc. such acts, of God, acts ofeivil or military authorities, governmental priorities, fires, 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 Seller warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, wilt be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllem breach of warranty. The Seller shall replace, repair or make good, without cost 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 term of any applicable warranty provided by the Seller after the date of acceptance of the goats famished hale der (aeccptinec not to be unreasonably delayed), resulting from impaled or defective work time or materials famished by the Seller. Acceptance or use of grad by the Purchaser shall not constitute a waiver of any claim under this wermnty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanamics or guarantees, but such liability shall in no event include loss of profits or loss of use 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 written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the tcma, 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 ofpaformancc hereunder. an egnitablc 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 of the gads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrec provided that the Purchaser shall not be liable for any claims for anticipated lindens on the uncompleted portion of the good anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllers standard stock. No such tarionation shall relieve the Purchase, or the Seller of any of their abligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants 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 goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All lases and regulations required to be incorporated in agreements of this character arc bereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless fmm all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hercunda without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title In the Purchaser for all equipment, motaials, and items famished in palarni ace of this agreement free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This rcicasc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofl'icas and employees fsuch party. The Sellers contmctnal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc any design, device, material or process covered by latter, patent, trademark or copyright, the Seller shall indemnify and slue hamtless the Purchaser from any and ill 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 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 care 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 own expense and at its option, either practice for the Pumhawr 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. is. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fon e,ah be canceled by the Purchaser without liability. Ifi. GOVERNING LAW. The definitions oftcmu used or the interpretation ofthc agreement and the rights of all panics hereunder shall be constmcxl Linder and governed by the Imes 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 Rcprcscreativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted. and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's final complain. and acceptance, complete the work at Scllers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or 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. Ifi. INSURANCE. The Seller shall. at his own expense, provide for the payment of uerkers compensation, including occupational disease benefits. to its employees employed on or in connection with the work catered by this purchase order. and/or In their dependents in accordance with the laws of the state in which the unrk is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. continental and automobile public liability insurance with bodily injury and death line its of at least S100,000 for any one person. S500.000 for any one accident and property damage limit per accident of S460,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do nay work upon the premises of others, the Sellashall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compermlion and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such conmpensation 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 ofany kind or nacre whatsoever no persons or pmperty caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmrmlcss the Purchaser and any or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether no persons or proper no which the Purchaser may be pun or imiject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, it its officers, agents or employees an 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 employes is aforesaid, The Seller hereby agrees to assume the defense thereof and to defend the mare at the Sellers own expense, to pay any and all costs charges, attomevs lea and other expenses. any and all judgments than may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proettdings, and in case judgment or other lien be placed upon or obtained against The pnpaty ofthe Purchaser, or said panics in or as a result ofsuch suits or other precmlings, the Seller will at once cause the time to be dissolved and discharged by giving bond or otherwise. The Seller and his contmctars 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 Safey and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010