Loading...
HomeMy WebLinkAbout525448 ASCENDANT STRATEGY MANAGEMENT - PURCHASE ORDER - 9135678City of /110'F�ort Collins PURCHASE ORDER PO Number Page 9135678 1o12 This number must appear on all invoices, packing slips and labels. Date: 10/1612013 Vendor: 525448 Ship To: BUDGET OFFICE ASCENDANT STRATEGY MANAGEMENT GROUP CITY OF FORT COLLINS 75 ARLINGTON ST 5TH FLOOR 321 MAPLE BOSTON MA 02116 FORT COLLINS CO 80521 Delivery Date: 10/15/2013 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Performance Measurement SW 1 LOT LS 27,400.00 Licensing and Support 2 Performance Measurement SW 1 LOT LS 18,500.00 Configuration and Consulting 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 $45.900.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tox exempuans. By staling, the City of Fan Collins is enem s from suggested heal taxes. Our Exemption Number is 11. NONWA1VER. 98-04502. Fedora) Excise Tax Exemption Cmifmat of Registry 84-60DO587 is registered with the Collenor of Failure of the Purchaser b inset upon strict perfam ance of the terms and Meridians hereof, failure or delay to Internal Revenue, Denver, CAlomdo(Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (A). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, this seenptmcc of., Payment fur goods bereurela or approval erthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure as meet speeifmmions, cithn when shipped or due to defects of any of the warranties or obligations of this purchase oda and shall not be deemed a waiver or any right of the damage in transit may be rammed fa you far credit and are Any to be replaced except upon receipt of wrfnen purchaser to insist upon strict performance hereoforany ofis rights or remedies As to any such goods, regardless instructions tam the City of Fan Collirs. of -when shipped, received or accepted, As to any prior or subsequent default hereunder, rear shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of my or the terns Inspection. GOODS arc subject to the City of Fort Collins inspects ion an Arrival. hereof. Final Accepace. Rcedpt of the merdundise, services or ryuipmcm in response to this order can result in 12. ASS I GNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Pachewr massacre that in Acmal economic practice, overcharges resulting from anducti ACCEPTANCE is dependents upon cotnplerian of all applicable required inspection procedures. violations Am in fact boost by the Purmun r.'fhemmfurq for ..it cause and as consideration far execmiog this purchase order, the Sella lu mby assigns to the Purebaser any and all claims it may now have or hereafter Freight Trans. Sbiprnens most be P.O.B., City of ran Collins, 700 stood St., Pon Collins, CO 80522, unless Acquired under federal or state anduart laws for such overcharges relating to the pnnicular golds or services athemist specified on this order. If permission is given ra prepay freight and charge separately, the original freight purchased or acquired by the Perchmcr, pursuant to this purchase Aida. bill must accompany invoice. Additional chrges far packing will not be m rpted 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where reanufzctumrs have distributing points in vocioss parts of the country, shipment is Ifthe Pumhasm directs the Sella to correct nonconforming Air defective goods by a date In be agreed upon by the mp acted from the rimat distribution point to destirution, and excess frcigh: will be dedncted Isamu Invoice when Purchaser and the Seller.and the Seller termRn indicates is inability or unwillingness to comply, the Purchaser shipments art made finm greater distance. nay coast, the wort to be perfrmaged by de macs expeditious means available in it, and the Seller shall pay all toss associated with such work. Permit. Sell,, shall program ar sellers sole cost All namsary permits, cenifimtes and licenses required by all applicable laws, regulations, art' acres and rates of the stoic, municipality, territory or political subdivision what the work is performal, or required by any Other duly manicured public mthis having jarisdiction scar the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and agniml all liahiliry And loss incurred by them by reason of an Asserted or established violation of any such Laws, regulmiuns, arJinanea, rules an(ram rmcns. Aushorizatimn. All parties to this comma agree that the nrpresentarivcs no in fact, bona ride and possess full And complete authority to bind said parties_ LIkI1TAT'ION OF'I'17KhIS. This Purchvsc Order expressly limits acceptance to the terms and conditions stated herein secs faith And any supplementory or addiimnal games and conditions Annexed herein or incorporated herein by s eferagm. Any additional or different seems and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake camplac shfpneat to arrive acts your Promised delivery date As noted. Time is of the assents. Delivery and performance taus; be effected within the time stated on the p itch. ruder and the domemrns attached herein. No acts of the Purchasers including. wilhmt limitation. Acceptance of partial late deliveties, shill apemen as A waiver of this provision- In the Bent of my delay, the Punchasn shill have. in addition to ether legal and equitable remedies, the option of placing this order rstwhere And holding the Seller liable for damages. However, she Sella shall F.1 be liable for damages As a result of delays due to caum not reaso era ly finesecable which am beyond is reasonable cannot and without its I'start of negl igrnce, such act of God, arcs of civil or military authorities, governmental prionitiq fires, strikes. flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fneat rrecived knowledge thereof. In the event or my such delay, the date of delivery shall be extended for the period equal to the time actually Imo by reason of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, rraurials and work covered by this order will conform with applicable drawings, specifications, samples anllor other descriptions given, will be Fit for the purposes intended, and Performed with the highest degree of care and competence in Accordance with weepted standards for work of a similur Future. The Seller agrees to hold the purchaser harmless from my less. damage or expense which the Purchaser may suffer or incur an Account of the Sellers broach ofw'anar ry. The Sella shall replace, repair or make good, without cost to the purchases. Any defects or faults arising within one (1) year or within such longer period of time as may be parrs nibed by law or by the coca of my applicable warranty provided by the Seller after the date of warranties, of the goads famished Isca ader (Actspuace net to be umAysouabty Mayed), resulting from impenfcet or defective work done or Fmnerias famished by the Sella. AR<Dnance or the of goods by the Purchaser shall Fat rnmtitute o waiver of Any claim uodar this warranty. Except As ofhcswise provided in this purchase order, the S<Ilas liability bn<urder shall extend As all damages proximately camard by the branch of any of the foregoing wamnaitt or guarantees, but such liability shall its no event include loss of prefis or loss of use. NO IhI PLi ED WARRANTY OR hIERC IIAINTAB ILITY OR OF FITNESS FOR PURPOSE SHALL APPLE. 4. CHANGES IN LEGAL TER,%IS. The Purchaser may make changes to legal ems by -,area change order. 5. CHANGES IN MIMIERCIAL TERhIS. The Pwmhaa may, make any charges to the rams, mlrcr 1Me legal rams, including additions as or deletions from the quantities origirully ordered in the specifi.a s ar dmmings, by verbal or written change order. If Any truth change areas tire amount due or the time ofpe ibrounce hereunder. an equitable adjoatureat shall be made. 6. TERMINATIONS. The Purchssa nay of any there by wrnen change order, terminate this agrarmem As to Any or all pans ms of the Cards then not shipped, subject to any equitable Adjustment between the panics As to any work or materials then in progress pmvidN that the Pmchascr shall not be liable fat Any claims far anticipated pretax on d¢ ureamplesed pardon of the goods And'or work, for incidental or consequential damages, and that m such ndj ancient be made in favor of ire Sella wish Attract to may goods which Art Ng, Sellers sundial suck. No such tesmimtion shall mlievc the Purchaser or the Sella fany of their obligations es to my goads del i, card hcreasda. 7. CLAIMS FOR AD)USfh1EN'T. Any claim for adjustment mast be Asserted within thirty (30) days from the date the change m immigration is ordered. S. COMPLIANCE WITH LAW. The Sell" wartans that All goads suld hemander shall have been produced, sold, delivered and fumshcd in strict compliance with all applicable taws and regulations to which the goads we subject. The Seller shall concert aad deliver such documents As may be required to effect at evidence compliance. All laws and regulations required to be incorporated in ogreemer s of this claract,, are hereby incorporated herein by this reference. The Seller Agrees to indemnify and told the Pamins,, hamtless from all Boss and damages suffered by die Purchaser As a result of the Sellers failure to comply with such tow. 9. ASSIGNMENT. ' Neither pony shall assign, transfer, or convey this order, or my maim due m to become due hereunder without the prior wainm consent of the other parry. 10. TITLE, The Seller warrants full. clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement f xt and clear of any and all liens, mstrimmas, ramations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser And its contractors of my tier from all liability and claims of any muggy, resulting from the performance of such work. this rcle se shall apply oen in tle enem of fault of negligence of the pan, released ode shall extend to the directors, officers and employees ofsnch party. the Selices contractual obligations, including warranty, shall not be decmal to be reduced, in any way, bnause such week is parformed or caused . be afamed by the Purchaser. 14. PA1 ENTS. Whatever the Seller is required to use any design, device, material or process covered by larger, patent, amd,,rack or copyright the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patealed design, device, tmterial or process its connection with the contract, and Shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by canon of such infringement at may time during the preareution or Firer me completion of the work. In case said equipment, err any Pan bramf or the intended use of the goods, is in such suis held to constitute infringement And the use of said equipment or pan is enjoined, the Seller shall, at its on expense and m is opuon, either procure for the Purchaser the right to continue using said equipment or pans replace me same with substmtially equal but naninfringing equipment, ar modify it so it becomes...infringm& Is. INSOLVENCY. If the Seller shall become insolvent or bankrupt mike An assigrunem for Ibis bc.F,( of creditors, vpWin, a receiver or vuslee for any of the Sellers property or business. this order may forthwith be canceled by the Purchases without liability. 16, GOVERNING LAW. The definitions of areas used or the interpretation Ardis, Agreement and the rights Arad parties hereunder shall be construed under and governed by the laws of the Suit of Colomdo, USA. The following Additional Conditions apply only in cases where the Serve is to perform work hercundrr. including the services of -Sellers Represenurive(s), on the premises traders. 17. SELLERS RESPONSIBILITY. The Selles shall carry an said work at Srllds owe risk until the some is fully completed And unTa d, and shall, in case of Any occident destruction or injury to the work mNor materials before Sellefs final completion and acceptance, couples, the weak At Seller's own expense and to the smistocfion of the Purchaser. What atcriab mad equipment are Famished by others for installation or erection by the Seller, the Seller shall receive, uaload, store and hurdle same at the site and became responsible ;hemfmr As though such materials e,&ar equipment were being famished by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease reaefns, to its employees ensptoyed on or in connection wish the work covered by this purchase order, antPar. their dependents in wrordaace wish the laws of the suit in which the x'ask is to be done. Thy, Seller shall Also carry comp rbasawe general liability including. but rot limited to, mgray l and automobile public liability insurance wish bodity injury And death limas of., least S30g000 for any one Person, S5cat0o0 for Any one accident and proT ny damage limit per accident of 541Yd,000. The Seller shall likewise require his mntmcturs, if any, to provide fur such compensation and insurance Before any of Ilse Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with A certificate shot such campensmim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificares shall specify the date write such compensation and insurance expires. The Seller agrees that such comparratiuA and insurance shill be mainuined until after she entire work is completed and Accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Assmscs the are responsibility and liability for any and all damage. loss or injury army Lind or ra:um whatsoever to persons or property caused by or resulting form the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hares ss the Purchuer, and any or all of the Purehuca officers, agents And cmpluym from and Against any And all claims, losses, damages, charges or expenses, whcthcr dinner or indirect, and whether to persons or property to which the Pumhaur may be put or subject by reason of any at, Action, neglect. omission An defaut on the part of the Seller, any of his contractors. or any of she Sellers or contractors officers, agents w emDloyam. In cast any suit or other proceedings shall be brought against she Purchases, or its officers, agents An employ"s at my time on Account or by reason of any act, Action, neglect, omission or default of me Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby Agrees An asseme the defense thereof And to defend the same at the Sellers own expense, to pay Any and all costs, charges, attorneys fees And other expcasas, Any and all judgmrns that may be incurred by or obtained Against the Purchaser or my of its or their officers. ogens or employee in such suit or other proceedings, and in case judgments or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or its a resdt of such suit or other proceedings, dos Seller will at once come the same to be dissolved and discharged by giving bond or otherwise. This Seller and his emay fors shall take all safety precautions, famish and inosull all guards timmsary for the prevention of aecideau, comply wish oil laws and regulations with regard to safely including, but without limiumom the Occupational Safety and Health An of 1970 and all mles and regulations issued pumunn memo. Revised 03R010