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HomeMy WebLinkAbout496733 FASTER ASSET SOLUTIONS - PURCHASE ORDER - 9117650City of art Collins PURCHASE ORDER PO Number Page 9117650 1of3 This number must appear on all invoices, packing slips and labels. Date: 02/09/2012 Vendor: 496733 Ship To: OPERATIONS SERVICES FASTER ASSET SOLUTIONS CITY OF FORT COLLINS 2700 INTERNATIONAL PKWY SUITE 300 300 Laporte Avenue VIRGINIA BEACH Florida 23452 Building B FORT COLLINS Colorado 80521 Delivery Date: 12/28/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price FASTER asset management system 1 LOT LS 10,067.40 Admin 2 FASTER asset management system 1 LOT LS 20,494.35 Transfort shop 3 FASTER asset management system 1 LOT LS 54,651.60 Maintenance shop- Wood St 4 FASTER asset management system 1 LOT LS 20,494.35 Maintenance shop -Streets 5 FASTER asset management system 1 LOT LS 7,790.25 Fuel U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9117650 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 FASTER asset management system Pool 7 Motor Pool module 1 LOT LS 1 LOT LS per RFP 7252 Software License and Software Maintenance agreements. c3. os� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 6,352.05 5,000.00 Total $124,850.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-I 580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt front state and local tuxes. Our Exemption Number is 11. NONWAI VEIL. 98-04502. Federal Excise Tux Exemption Certificate of Registry 84-(A00587 is registered with the Collector of Failure of the Purchaser to insisl upon strict perfommncc• of the ems and conditions hereof, failure .r delay to Internal Revenue, Denver, Colorado (RcL Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exemisc• any rights or rent dies provided herein or by law, failure to promptly .,.city the Seller in the event of u breach, the acceptance of or payment for goods hercundcr Or approval of the dsign, shall not rclnue fhc Seller of Goads Rejected. GOODS REJECTED due to failure to ,.eel speeidiemione, either when shipped or due to defects of any of the wamanlics or obligations of tlli, purchase order vad shall not be doomed a waiver of any right cif the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of wrinen purcletscr m insist upon strict perrunttunce It rmfor any of its rights or comedies as to any such goods, regardless instructions from the City of Pon Collins, of when shipped, received or accepted, as to any prior or subsequent default la aundr, our shall any purryumal oral malificalion or rescission of this purchase order by the Purchaser operate as a waiver of any of the torts bspectium. GOODS arc subject to the City of Fun Collins inspection on arrival. hereof: Final Acceptance. Receipt of the merchandise, scrvwvs or equipment in response to this order can result in 12. ASSIGNMENT OF AN] 'I'I'RUST CLAIMS. authorized payment rat the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from azititmsi ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bume by the Purchaser. Theretofore, loot good cause and as consideration for executing this purchase order. [lie Seller bcreby assigns to the Purchaser any and all claims it may now have or hcremter Freight Toms. Shipments most be F.O.E., City of Fort Collins, 700 Wood St,, Fun Collins, CO 80522. unless acquired under federal or ,are antitrust Imes for such overcharges reluting 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 or acquired by the Purchaser pursuant to this purchase older. bill must leconhpany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing poic s in various pans of the country, shipment is ]fill, Purchaser directs the Seller to correct nonconforming or defective goods by a Jute to be agreed upon by the expected from the ncmcst distribution point to dstinvti.n, and excess freight will be deducted from Invoice when Patch.... mW the Seller, and the Seller rbercafier indicates is inability or unwillingness to comply, the Purchaser shipments are made Prom greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all noccsstry permits, cenificals and licenses rcquircd by all applicable laws, regulations, ordinances and nales of the state, municipality, territory or political subdivision where the work is perfonnsd, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller funkier ugrces a hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason .fan awned or established violation of any such laws, regulations, ordinances, rules and requirements. Aw)orizndon. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and cwnplete antimony m bind said panics. LIMITATION OF 'PERMS. This P. shave Order expressly limits acceptance an the terms and conditions stated herein sea ford) and any supplementary or additional terns and conditions annexed hereto or incorporated liamin by reference. Any additional or dillcrcnt terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery duce as noted Time is ol'the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial Ise deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, it. addition to other legal and equitable remedies, the option ofpl,cing this order elsewhere and holding the Seller liable for damages. H.... or, the Seller shall rem be liable for damages as a result of delays due to causes not reaonubly foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ufcivil or military authorities, governmental prior is, tins, strikes, fund, epidemic, wars or rios provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of deivery shall be extended for the period equal to the time actually lost by rcaon of the delay. 3. WARRANTY. The Seller warrens that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, son.ples and/or other descriptions given, will be fit fur the purposes intended, and performed with the highest degrees of care and c culpetnse 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 suffor or incur on account of the Sellers breach of warrany. The Seller shall replace, repair or make good, widhonl cost to the purchase,, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the mite, of any applicable aar a lly provided by the Seller alter the date of a'eptu t" of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Sol lee Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this ware nry. Except as otherwise provided in this purchase order, the Sellera liability hereunder shall extend to all damages proximately caused by the breach of nay of the foregoing warranties or gmrannes, but such liabil iry shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M ERCHAN'FABI L I I Y OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to logo] terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the more, other than legal terms, including additions to or deletions croon the quantities originally ordered in the specifications or drawings, by verb,] or .riven change order. If any such change affimts the unhount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERM INAI'IONS, The Purchaser unity ut any time by written change order, tong inure this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgresr provided chat the Pmchoscr shall not be liable for any claims for anticipated profits on the unconq)Icmd portion of the goods and/or work, for incidental or Consequential damages, and that no such adjustment be .lade in favor of the Seller with respect no any gauds which ore the Sellers aondard stock. NO such termination shall relieve the Purthascr or the Seller of any oftheir Obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ussened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gals sold hemwWr shall have been produced, sold, delivered and famished in stied compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such discontents as may be required to effect urevidence 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 froth all cuss and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnufer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other pany. 10. TITLE. The Seller wary ns full, clear and ... a, ricmd title to the Purchaser for all equipment, materials, and items furnished in performance of this agrcemcnl, free and clear of any and all liens, restrictions, resercmims, security inmNsd encumbrances and claims.1 odhcn. The Seller shall release the Purchaser and its cuntractors of any tier fro... all liability and claims of any .atom resulting four the perlom.ance of such wmk. This mlcase shall apply even it, the event of fault of negligence of the party released and shall extend t. the directors, officers and employees ufsuch puny. 'I he Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by tie Pureh.scr. 14, PA""TENTS. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save hanalss 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 inden... ily the Purchaser for any cost, cxpcmc or damage which a may be obliged to pay by reason of such infringement at any time during the prosecution or offer 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 awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfiinging equipment, m mafify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrapt, make all aidgmittan for the benefit of creditors, appoint a receiver or must" for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used m the inlepre cane, ofthe agreement and the right, oftill parks hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder. including the services W'Scllers Rcpresentmlve(s), oa the pro ... is. ofothers. 17, SELLERS RESPONSIBILITY. 'the Seller shall curry on said work at Scllcrs own risk until the sans is fully completed sad accepted, and shall, in ease of any accident, deswction or injury to the work and/or materials below Sellers final completion and acceptance, complete the walk at Scllcrs awn expense and to the satisfaction of the Purchaser. When materials and equipment are Punished by others fur installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at flu, site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the pavmeat of workers compensation, including occupational disease benefits, it it, employes employed uu or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sloe in which the work is to be done. The Seller ,[,all also curry comprehensive general liability including, but not frothed to, contractual and automobile public liability insurance with bodily injury and deal[] limits of at least S300,000 for any one person, S500,000 for any One accident and propcny damage lin.il per accidr.t of S400,000. The Seller shall likewise require his contractors, it any, In provide for such eonnpcnsatnn and insurance. Before any of the Sellers or his contractors employees shall do any work Open the preauscs ufothcs, the Seller shall furnish the Purchaser with a certificate that such cunfpeasafion and insurance have been provided. Such certificates shall specify the Jule when such con.pensallon and insurance have been provided. Such cenificafcs shall specify the date when such compensation and iusumncc expires. "The Scllcr agrees that such compensation and insurance shall be maintained until alter tl.e entire work is completed and accepted. 19. PRO 'I'ECI'[ON AGAINSI' ACCIDENTS AND DAMAGES. The Seller hereby ussences the entire responsibility and liability for any and all damage, loss or injury ufany kind or nature Alo suevcr to persons or property caused by or resulting fmm the execution Office work provided for in this purchase order or in commotion herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers ufiees, agents and employees from and against any and all claims, lasses, damages, charges or enperses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by ..,,a of any set, union, neglect, omission or default on the pan of the Scl]cr, any of his contractors, or any of the Sellers or contractors ollicco., agents or employees. In case any soil or other proceedings shall be brought against the Purchaser, or its oficcs, agents or en.ployces at any time on account or by meson of any act, notion, neglect, omission or default of the Seller of any of his contramo, 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 at the Sellers own expense, 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 affects. agents or employees in such suits or other praadings and in case judgment or other lien be placed upon or obtained against the properly of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will al once cause the sage to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for [he prevention of accidents, can..ly with all laws and regulations with regard to safety including, but wilboal limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thercm. Revised 53P010