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HomeMy WebLinkAbout405457 PREFERRED STRATEGIES - PURCHASE ORDER - 9120883City of :,.6rt Collins PURCHASE ORDER PO Number Page 9120883 1of2 This number must appear on all invoices, packing slips and labels. Date: 02/1012012 Vendor: 405457 Ship To: MIS PREFERRED STRATEGIES CITY OF FORT COLLINS 2425 PORTER ST SUITE 20 215 N MASON, 3RD FLOOR SOQUEL California 95073 FORT COLLINS Colorado 80524-4 Delivery Date: 02/10/2012 Buyer: ED BONNETTE Note: PER INVOICE #3101 DATED 1/31/2012. Line Description Quantity UOM Unit Price Extended Ordered Price BI QUICK LAUNCH FOR JDE 1 LOT LS 4,000.00 MAINTENANCE QTY (1) 2 BI QUICK LAUNCH FOR JDE 1 LOT LS 8,750.00 MAINTENANCE (50 HRS)REPORT DEV 1) MAINTENANCE - BI QUICK LAUNCH FOR JDE -TERM: JAN 1, 2012 THRU DEC 31, 2012 2) 50 HOURS PREPAID REPORT DEVELOPMENT Total $12,750.00 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 4 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Ceni6cam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. fiiltirc or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (n). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejeeted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purehnser to insist upon strict Performance hereof or any of its rights or remedies as to anv such goods. regardless instructions firm the City argon Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mndifieation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on amval. 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 firm antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violating, are in fat home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order. the Seller hereby to signs to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.D., City of Fan Collins, 700 Word St.. Fan Collins, CO 80522, unless acquird under federal or state antitmst 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 or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufeeturcm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to he agreed upon by the expected front the nearest distribution point to destination. and excess freight wilt be deducted farm Invoice when Purchaser and the Selleq 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 cspcditinas means available to it. and the Seller shall pay aH Coss ossacialed with such work. Permits. Seller shall pracurc at sellers sale cost all noeesstry pcmit, certificates and licenses required by all applicable Tans, regulations, ordinances and mles of the 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. Seiler funhcr agrees to hold the City of Fog Collins hamlesc from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the rcptesentutives are, in fact, bona fide and possess full and complete authority to bind said parties, LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the toms and conditions stated herein set froth and any supplementary nr additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different toms and conditions pmpascd by seller arc objected to and hvcby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make eomplde shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated no the purchase order and the document m ached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcmte as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other Icgal and equitable remedies. the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not miscumbly foreseeable which arc beyond its reasonable control and without its fault nfnegligcncc, such acts of God, acts ofeivil or military authorities. governmental prinritics, fits, strikes, Hood, 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 Seiler 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 last by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all Sorod, aniels, materials and work covered by this order will conform with applica lc drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for wort: of a similar nature. The Seller ngrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cast to the purchaser, any defects ar fault arising within arc (II year or within such longer period of time as may he proscribed by Inv or by the toms of any appl icablc wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim tinder this mom any. Except as othcrvisc provided in this purchase order, the Set hers Iizbilin hereunder shall extend to a1I di mass pats innately caused by the breach of any of the foregoing wamntics nr guarantees, but such linhility shall in an event include loss of profits at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITN FSS FOR PURPOSE SI IA LL APPLY. 4. CHANCES 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 Icmu, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wxiften changc order. If any such changc affects the amount due or the time ofperfomance hereunder, an equitable 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 goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in prgrcc, provided that the Purchases, shall at be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or 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 Sellers standard stock. No such termination shall relieve the Pumhascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adiustment must be asserted within thirty (30) days from the date the change or nomination is nrdcmd. 8. COMPLIANCE WITH LAW. The Seller wamnt that all goods sold hereunder shall have been produced, said, delivered aid furnished in strict compliance with all applicable laws and regulations to which the good are subject, The Seller .shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumhascr hamttcss form all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, tmpsfter, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items turn ished in perfammncc of this agreement, free and clear of any and all liens. restrictions, reservations, security, interest coc odes -macs and claims o f others. The Scllcr shall release the Purchaser and its contractors of any tier from all Iiahil ity and claims of any nature resulting from the perfomancc of such nark. This release shall apply even in the event of fault of negligence of the parry released and shall extend In Ih< directors, a(Teem and employees asuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way,. hecausc such work is performed or caused to be performed by the Pumhascr. 14. PA'rEN'r5. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, nmterial or purees, in connection with the contract, and shall indemnify the Purchaser for any cast. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecuting or aner the completion of the work. In ease said cggiprcm, or any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the tmc of said equipment or pan is enjoined, the Seller shall, at its own expense mad at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beconic insolvent or hnnkrpl, make an assignment for the benefit of cryditos, appoint a receiver or tmstec for any of the Sellers property or business, this order may forthwith be canceled by the Purehxscr without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constroed under and governed by the laws ofthe State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represent dive(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own rick until the came is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Sellers rmal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are Furnished by others for installation or creation by the Seiler, the Seller shall receive. unload. store and handle same at the site rend became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I B. INSURANCE, The Seller shall, tit his own expense, provide for the payment of warkcrs compensation, including occupational disease benefits, to its employees crploycd on or in connection with the work covered by this purchase order, and/tor 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 death limits of at Icast $300,000 for any one person, $500.000 far 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 Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when ouch compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurnncc expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby useonas the entire respnnsibiliry and liability for any and all damage, loss or injury ofany kind or nature whensoever to persons or property caused by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agent and employees fmm and against any and nll 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. neglect. antissim or default oa the pan of the Scllcr, any of his connecton. or any of the Sellers or contractors officers, agent or employees. In case any suit or other poceedings shall be brought against the Purchaser, or its officers. agents or employees ca any time on account or by reason of any net, action, neglect. omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Scllcr M1vcby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges, attorney, fcc, 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 on other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, err said panics in or as a result of ouch suits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, ftnnish and install all guards necessary for the prevention of accidents, comply with nil laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2016