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HomeMy WebLinkAbout471061 PCS MOBILE - PURCHASE ORDER - 9132017Fort Collins Date: 04/22/2013 Vendor: 471061 PCS MOBILE CORPORATE HEADQUARTERS 1200 W MISSISSIPPI AVE DENVER Colorado 80223 PURCHASE ORDER PO Number Page 9132017 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1ST FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 04/22/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 AutoVu Replacement Quote #OT-936911 1 LOT LS 35,732.00 2 AutoVu new system Quote #OT-936912 1 LOT LS 31,845.00 3 AutoVu new system Quote #OT-936912 1 LOT LS 12,000.00 Total $79,577.00 91--cs" 14 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by John Stephen, CPPO, CPPB 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'I'enns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from some and local taxes. Our Exemption Numberls II. NONWAIVER. 98-04502, Federal Excise Tax Exemption Comforme of Registry 84-600058E is registered with the Collector of Failure of the Purchaser to insist upon strm performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). excaiu any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall nor release the Seller of Goods Rejected. GOODS REJECTED due to failure to .,or specifications, either when shipped or due to defects of any of the waramics 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 are not to be replaced except upon receipt of women purchaser to insist upon strict Performance homer or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, or shall any purported - and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tames inspection. GOODS are subject o the City of Find Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASS IGNM ENT OF ANTITRUST CLAIMS. author d payment oa the pan of the City of Yen Collins. However, it is h be understoad that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting brain aroma ACCEPTANCE is dependentupon completion ofall applicable resulted inspection procedures. violations am in fact home by the Purchaser. Theretofore, for good cause and as cmideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcioaacr Freight Teats. Shipments must be F.O.B., City of Too Collins, 7M Wood Sr. Fort Collins, CO 80522, unless acquired under federal or area antitrust laws for such overcharges minting as the particular goods or services otherwise spccified on this order. Ifpcnni.m. is givcn fiv m,,freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be eocepted. Shipment Distance. Where manufacmrcrs have distnbuting points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will Ire deducted firm Invoice when shipments are made from greater distance. Permits. Seller shall practice at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates ofthe 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 Tom Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violalion of any such laws, regulations, ordinances, tales and requirements. Authorization. All panics to this contract agree Ibnt the rcproscnmtives are, in fact, bona fide nod possess fill and rumpus, authority to bind mid panics. LIMI'1'Aq'[ON OF 'PERMS. 'I his Purchase Order expressly limits acceptance to the terms and conditions stated herein set fenh and any s,plentenut, or additional arms and conditions annexed hereto or incorporated herein by refchnec Any additional or different mnre and retortion, proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to amve on your promised delivery time as noted. Time is of the essence. Delivery and pe4ormance must be eeemed within the time stated on the purchase under 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 ony delay, the Purchaser shall have, in addition to other legal and egunable remedies, the option oFpl.,ia, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes or reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge dimmer. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY, The Seller warrants that all goods, anickm 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 wish 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 Purshervar may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defecrt or faults adding within one (1) year or within such longer period of time as may be prescribed by law or by the hams of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm narration or defective work done or matcdals famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except a, otherwise provided to this u,,ha,, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FI rNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mots by written change order. 5. CHANGES IN COMMERCIAL PERMS. The Purchase, may make any changes to the terms, other than legal mina, including additions to or deletions from the quantities originally ordered in the specilcations or drawings, by verbal or written change order. If any such change affects the amount one or the lion, of perf rmance bemi nds, va equitable adjtsmmnt 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, subjr,t to any equitable adjustment between the marten as to any work or mammals then in proKrcss provide ohm the Purchaser shall trot be liable for any claims for anticipated profits on the uncompleted portion of the goods maker work, for Incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTT MENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants that all goods sold hereunder, shall have Even produced, sold, delivered cad famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may b, required to effect a 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 m indemnify and hold the Purchaser harmless fmm all costs and damages sWTed 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 mmeies due or to become due hereunder without the Prior written consent of the other parry. 10, TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cnetunbmnces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumhawr directs the Seller to torten nonconforming or defective goods by a date to be agreed upon by the Purchaser end the Sol Icr, end the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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. The Seller shall rcleow the Purchaser and its contractors of any tier from all liability and claims of any nature resulting farm the performance crouch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcom. officers end employees .[such perry. The Seller's contractual obligations, including warranty, shall not be deemed to be dated, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATEN I'S. Whenever the Sol It, is required to use any design, device, material or process covered by letter, pair.., .mdcmark or copyright, Ibc Seller shall index ni fy and save hamdcas the Purchaser front any and all claims for infringement by reason of Ibc use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, vaperse or damage which it may be obliged to pay by reason of such imangcmrm at any linen during ,he powermicn or after the complexion 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 equipnent or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pans, replace the vme with substantially equal but noninfringing equipmcn,, or modify it on it becomes noninfi nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an i ndigmnent for the benefit of creditors, appoint a receiver or costae for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. T he definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the Stare ofC.R.d., USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunde, including the services of Sellers Represcrun ive(s), on the premises mothers. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in c of any accident, destruction or injury to the work torpor materials before Sellers pool completion and acceptance, complete the work at Seller's 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bench,,, h its ompleyces 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 is which the work is m be donor The Seller shall also carry comprehensive general liability including, but not limited to, contmemal and automobile public liability insurance with bodily injury and death limits of at (cast $300,000 for any one person, $500,000 for any one accident and D.,toy do ago limit per amidcmt of $400,000. the Scllcr shall likewise require his contractors, irony, to provide for such compensation and immem,e. Before any of the Sellers or his conlmchrs rmpleyces shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ecnifhah that such compensation and insurance have been provided. Such certificates shall specify the date when such omen..afion one in rw insurance have Fern pidees d. Such comficmshall specify the date when such crmfem and insurance expires. Seller agrees that such compensation and insurance shall be maintained until allot the train, work is completed send accepted. 19. PROTECTION AGAINSf ACCIDENTS AND DAMAGES. 1 he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by rr resulting from the execution of the work provided form this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r 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, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors of ice v. agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officer, agents or employees at any time on accoun, or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oDiccrs, agents or employees ns aforesaid, the Seller hereby agrees ao assume the defense thereof end to defend the same at the Sellers own expense, to pay any and all costs, charges, commove f and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofiven, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny ardor Purehau, or said parties in or as a insult of mch suits or other prrcecdings, the Seller will at once cause the vine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010