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HomeMy WebLinkAbout307089 AZTECA SYSTEMS - PURCHASE ORDER - 9136707Fort Collins Date: 12/17/2013 Vendor: 307089 AZTECA SYSTEMS 11075 S STATE SUITE 24 SANDY UT 84070 PURCHASE ORDER PO Number Page 9136707 1o13 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 12/16/2013 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price Cityworks Annual Software 1 LS 16,239.6000 16,239.60 Traffic Operations Share Maintenance Agreement 2 Cityworks Annual Software 1 LS 8,703.4000 8,703.40 Streets Share 3 Cityworks Annual Software 1 LS 10,000.0000 10,000.00 Streets /SMP Share 4 Cityworks Annual Software 1 LS 8,625.0000 8,625.00 Engineering Share 5 Req 46005 add funds Natural Areas Share 4II /t� j 1ir� i I City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT EA 907.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9136707 2 of 3 `t Collins This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Total $44,475.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDnAIIS. Tax exemptions. By statute the City of Fort Collins is exempt" in state and local taxes. Our Exemption Number is 11, NONWAIVER. 98"ral Federal Excise Tax F,xemprion Certificate of Raglgry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stet performance office teats and conditions hereof, failure or delay to Internal Revenue, Deliver, Cu mad.(Ref Colorado Reused Statute, 1923, Chapter 39-26, 114(a)_ exercise any rights or remedias provided herein or by law, failure to promptly notify the Seller in the event life breach, the i cceptunre oI ,, paymmt flit goods hamandcr or approval of the design, shall nor release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when snipped or due to defeats of any of the warranties or obligmimrs of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rmnred to you for no., and are not to be replaced except upon macro of wriumn purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, ogardless instructions fat the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any parpmed oral modification or rescission of this purchase order by the Purchaser opcmm as a waiver of any of the tents Inspection. GOODS ate subject to the City of Tom Colliers inspection on interval, hereof. Final At xptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTI I RUST CLAIMS, o jormacd payment on the :at of the City of Fort Collins. However, it is ro be understood that FINAL Seller and the Purchaser recognize that in .acunl economic practice, overcharges resulting fmm antitrust ACCEPTANCE is doonalmt upon completion of at l appl icable required inspection proceduresviolations am in lust home by the Purchaser.Fremonarq for good cause and is consideration for executing this purebem order, the Seller bercby assigns in fhe Purchaser any and all claims it may now have or hereafter Fmigbl Tenw, Shim—nn, mus be EO B_, City of For Collins, 900 W... I SI., Fart Collins, CO 90522, unless acquired under adaral or stoat mNfmg lows ter such O,rohargee rduring 1. the prm¢ula, goods or xmiccs ohewise specified on this .,do,. lfpennission is given to prepay freighi and charge scperme]y, the original freight purchased or acquired by floe Purchase, pursuant to this purchase older. bin most accompany iiwoiee. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where weruracturers base distributing somis in various pans of the country, shipment is If the Purchaser directs the Sellerfa cancer nonconformingor defective goods by a der, I. be agreed upon by the expected fmm the nearest distribution point no degiwrion, maid excess Freight will be dclucted fmm Imnice when Purchaser and the Seller, and Ile Seller thereafter indicates is inability in unwillingness to comply, the Purchaser shipments are made fmm Romer distancemay cause Ile work as be performed by the most expeditious meets available to it mod tie Seller still guy all costs reseommed with such work. Pounds, Seller shall procure of sullen sale coal all necessary permits, ceniflcnles mad licenses required by all applicable laws, regulations, ordinances and tales of the stale, municipality, sconary or political subdivision where IIna work is parfcon,d, nr mi,dre l by any other duly consultants) public authority huvingjorisdiction over the work of vendor. Seller further ugrena to hold the City of Fort Collins Immdess four and against all liability and Ina, u rted by than, by reason of an asserted or established violation of any such law,regulations, ordinances, od and es rwmnremmts. Autlmizatlon. All panics to this contract agree that Ile represenutises me, in fact, Wna fide and possess Fall and complete authority Io bind said panics. LIMITATION OF TERMS. this Purchase Order expressly limits acceptance to the terms and conditions stated herein sat Loch and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional all famsn scans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnnm make cmo,rac dupurni Io Drive nn your promised delivery date as noted. Time is of the efacnce. Delivery and performance must be effected within the lime stated on me purchase it,, and the domenens attached hereto. No aces of the Purchasers including, without limitation, acceptance of partial late deliveries, slid] operate as a waiver of this provision. In the event of any delay, the Purcbmer shall have, in addition to other legal and adorable remedies the option of placing this order a]wwhem and holding the Sell,, liable for damage. H, weve, the Seller shall no, be liable for damages as a result of delays due to causes net easonnbly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes flood, epidemics, wars or riels provided that notice of the conditions causing such delay is given to the Purchaser Orbin five (5) days or the time when the Seller firm received knowledge fhereif: In the overt of any such delay, the auto of delivery Shull he extended for ties period equal w the time scantly lost by reason of the delay. 3. WARRANTY. The Sella vaarrants that all goods, articles, maerals and work covered by this order will conform with applicable drawings, specifications, samples an sor other descriptions giver, will be fit for the purposes immded, and performed with lie highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purch ur harmless from any loss, damage or expects which the Purchucr may offer w incur on account ofine Sellars branch of waranry. the Seller shall replace, repair or make good, without cost 1. he purdmss,any defects or faults arising within one (1) year or within such longer period of it the is many be prescribed by law or by the terms of any .,,],.bit wor a dy provided by lire Seller after the data of oc,,I.ncc ofIha goods furnished asu ished hereunder (accep lance not to be wor nably delayed, resulting frontimperlect go r defective wad done or materials famished by the tiller. Acceptance or use of goods by the [interwar shall not hnslimte a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxirmaly caused by me beach of any of the foregoing w.ramies or gannarmss, be, such liability shall in im ,,Of include loss ofpmfits or loss of use NO IMPLIED w'ARR)OT Y OR MERCH oN'TABILD Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. "Ile Purchaser may make changes to legal arms by written change order. 5. CHANGES IN COMMERCIAL TERMS. 'fhe Purchaser may nuke any changes to the teens, other than legal more, including addi now to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects he amount due or the time ofpedommnce hereunder, an yoiable ndjnsimcnl shall be made. 6. TERAENATIONS, Ile Purchaser may at any time by whiners change mim. terminate this agreement as to any w all Famous of the goods then no, shipped, mlb clto any equitable adjustment bdween the penis as to any work w mmenals than in ,mares provided that the Purchaser shall nor be liable for any claim, for anticipated profits on the uncomphted portion of th goods, unNor work, fa, incidental fir causequential damages, and that no such adjustment be made in favor ol'the Seller with respect to any peds which lire life Sellers standard stock. NO such continuum stall relieve Ih, Purchaser or the Seller cfany offhelr mbligmims.s'to ony goods delivered hereunder. 7. CLAIMS FOR ADJUST MEN I". Any claim for adjustment must be asserted within thirty (30) days f m the date the change or nomination is ordered. S. COMPLIANCE WITH LAW. The Seller x.I, that all soeds said hereunder shall have been produced sold delivered and famished in sfricf compliance with all applicable Iowa and mmlatimes m which the ...is are subject. Ile Seller shall execute and deliver such documents as limy be recruited to ame, or evidence compliance. All laws and regulations requiud Io be empuaed in g,recon,nns of Ibis character me hereby ins ilmomted herein by this reference. The Seller agree indemnify and Imld fhe Puchaser harmless from.11 ass ;too damages suffered by me ruminator as. rise, ohhe Sellers failure to comply with such low. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wane. coesrnt ofihe other parry. 10. TITLE. The Seller warrants full, area, and.,,,.ned,i 1, no the Purchaser for all equipment, materials, and items famished in wo mmunce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest em..moronic, and claims or the,, The Seller shall release de Purdosser and its comments of any tier front all liabil try and claims of any nature resulting fmm,he pe tic anarce ofmch work. This release stall apply even in the evenI of full of negligence of the by released and shall extend m the directors.1 fivers and employees of such party. The Settees contractual obligations, including M many, sha11 not ha demand to be reduced, in any is ay, because such work is performed or caused to be performed by the Purchaser. 14. PAT ENTS. wbecemr the Seller is required to use any design, device, material or process covered by lens, parent, imde nark copyright, the Scllcr shall indemnify mad save hnnless the Purchaser from any and all claims for infringement by reason of the we olboch patented design, device, rnaernal or process in cm nrUnrn with he cotnmat, and shall indemnify the Purchaser for any cost, expense tar damngc which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. in arse said equipment, or any pan thereof or rim intended use of the goods, is in such suit held ro constitute infringement and the was of said excitement or pan is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchser the right to continue using said equipment or pans, replace the same with subsumially equal but noninfdnging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shell become insolvent o, lmndwd, make an assignment for the benefit of creditors, appoint a carculto r hams, for any of the Sellers property or business, this order may forthwith be canceled by the Purcmacer without liability. 16. GOVERNING LAW. The defieitiotw of ¢rats used On the inleryretatlon affhe agreement and the rights of all panne, hereunder shall be committed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in where the Seller is to Perform work hereunder, including the services of Sellers Represenutive(s), on,he premises of orders. 17. SELLERS RESPONSIBILITY. 'The Seller shill a.,ry on paid work at SOW. .if risk until the snare is fully Imandeied and accepted, and shill, in c of ony accident, desauclloa o, be my to the work maker materials before Seller's final camplmion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. wren materials and equipment art famished by others for inslallmion or erection by the Seller, the Sell,, shall madve, unload, ,tort and handle same at the site and become responsible therefor as though such materials andbr gm,soca t were being furnished by the Seller under the order. 19, INSURANCE. The Seller shall, a, his own expense, provide far be payment of workers compensation, include, cammintr it disease benefits, to its employees employed on or in connection with the work covered by this purchase nNer, orbiter to their de,endaus 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, bur not limited to, m a wol.) .,,it automobile public liability insurance will, bodily injury and death limes of at least S300," for any one person, S500,000 for tiny one cadent and property damage limit per aceideof of S400,000. The Seller shall likewise require his contractors, if any, no provide for such compensation and immence. Before any of the Sellers or his contractors employes shall do any work upon the premises crashers, the Seller shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such c utif cares shall specify the dam when such ompeaamion and imommea have been provided Such anificmes shall specify the date when such compersalion and insurance expires. Ile Seller agrees ohm each compensation and insurance shall Is, maintained until after the entire work iscompleted and accepted. 19, PROTECTION AGAJNST ACCIDENTS AND DAMAGES. The Seller hereby assu.nm be entire ... immunity and liability far any and all danmge, loss or injury fany kind or nature whatsoever to persons or pblicityc sed by or sulting From the execution ofthe work provided for in this purchase order or in connection herewithaThe Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasm ,fivers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether IO persons or Properly to which the Purchaser may Ira put or subject by reason of any act, action, neglect, omission or default on the pan of Ile Seller, my of his contactors, or any of the Sellers or contractors oficer, agents or employees. In case any suit or other proceedings shall ha brought alone, the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, mignon, omission or default of the Seller of any of his contractors or any of its or their officers , agents or colloyeesaforesaid, fhe Scllcr hereby aloes Io a e nco defense thereof and to defend the same at the Sellers own expense, in nay any and all costs, charges, Or me, fees and other expanses any and all judgments the, may be inured by or obtained against the Purchaser or any of ifs w he,, offeers, agents or employees in such suits or other proceedings, and in cats judgment or other lien be placed upon or obtained against the kni of fhe Purehaver, or said ponies in or as a result clinch suits or other proceedings, Ile Seller will at once cause the same to the, dissolved and discharged by giving bond or oNemise. The Seller and his contactors shall take all safety prmamions, famish and inmll all guards necesury fat the Ininco on of watching, comply with ail laws and regulations with regard to safety including, but withwt limitation, the Occupational Safety and Hezllh Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03I2010