HomeMy WebLinkAbout174826 SIRE TECHNOLOGIES - PURCHASE ORDER - 9141754Fort Collins
Date: 03/26/2014
Vendor: 174826
SIRE TECHNOLOGIES
28500 CLEMENS RD
WESTLAKE OH 44145
PURCHASE ORDER
PO Number Page
9141754 1012
This number must appear
on all invoices, packing
sli s and labels.
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 03/25/2014 / Buyer: DAVID CAREY
Note
Line Description Clifantity UOM Unit Price Extended
rdered Price
SIRE Annual Maint for ELA 1 LOT LS 60,456.79
Term: 3/1/14-2/28/15
for SIRE Annual Software Maintenance for Enterprise /ensesAgreement(ELA.
Per Invoice# 223705 dated 03/04/14. -
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 $60.456.79
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
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmifcate of Registry is registered with the Collector of
Intemal Revenue. Dares Colo.& (Ref Colorado Revised Suture 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
damage in bamit may be insured to you for credit and am not as be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection GOODS are subject to the City of Fort Collins inspection on arrival.
Fier Arce,mnca Reein, of the merchandise, services or equipment in response to this order can r cull in
authorize
d payment on the pan of the City of Fort Collins. Howeveq a it is be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tare, Shipments must be F.O.B., City of Fan Collins. 700 Wood St., Tom Collins, CO 80522, unless
otherwise specified on this order. If permission is given to pmpay freight and charge sup and ely, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted
Shipment Diamme. Where mannfaewers have distributing points in venous pans of the country, shipment is
expected from the tamest distribution point to dedication, and excess freight will be deducted fmm Invoice when
shipments ere made form grater distance.
Prmils. Seller shall procure or self sole cost all meeaus, permits, arrifata and licenses required by all
applicable laws, regulations, oNirences and roles of the sum, municipality, mrthory, or political subdivision where
the work is performed, or quird by any order duly mmfituted public authority havingjurishmmir .,a the work
of vendor. Seller fher agrees to hold the City of Far Collins bmmlcss form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authmizafion. All parties to this conhacl .,me that the representatives are, in fact bow fide and possess full and
complete authority to bind said parties.
LIM 11 ATION OF PERMS. This Purchase Order expressly limits acceptance to the terms and conditions satW
herein sex forth and any supplementary or additional terms and conditions atmexed hereto or incorporated herein by
reference. Any additional or different teats and conditions proposed by seller are objected or and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on par
promised delivery date as noted. Time is of the essence. Delivery and performance mat be effected within the time
sated on the purchase order and the documents manclued hereto. No Was of the Purchasers inclndin, with..,
limitation, namo nce i f partial late deliveries, shall .,cram as a waiver of Nis precision In the event of any delay,
the Purchmer shall have, in addition as other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for damages. However, the Sella shall nor be liable for dmnagus m a result of delays
due to ausrs not reasonably formwea ile which are beyond its rauowble control and without its fault of negligence,
such acts of cod, acts ofeivil or ordinary authorities, govemmenml priorities, fires, stakes, flood, cpidcmim, wens ear
Mats provided thal notice of the conditions taming such delay is given to ,he Pardoner within five (5) days of the
time whom the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall b<
extended for the Fend equal to the time actually lost by nation ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will coo harm with applicable
drawings, specifications, samples and/or other descriptions givea, will be lit for the purposes intended, and
performed with the highest degree of care and competence in accordance with incepted standard for work of a
similar nature. The Sella agrees to hold the purchaser hmmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchaser, my def ts or faults arising within one (1) year or within such longer period of
time m may be Formulated by law or by the menu afany applicable warranty prmided by the Seller after the dam of
weapume of the good homisbed hereunder (acceptance rut to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials f ishd by the Seller. Acceptance or use of goods by the Purchase shall rot
omtiNn is waive of my claim under this w 1y, Esm" as otherwise provided in this purchase order, the Sellers
liability horcander shall extend to all damages proximately caused by the brash of any of the foregoing wanantia
or guarantees, bur such liability shall in m event include lox ofpmfi. or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERh15.
The Purchaser may make changes to legal terror by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tenses, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specificati no or drawing; by verbal or written change aMec If may such
change affect the amount due or time ofpcemmunwo huaundaq an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may or any time by written change order, terra mte this agreement as to any or all ,anions of the
good then net shipped, subject to any equitable adjustment between the ponies as to any work w metauds then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted
portion of the goods anther work, for incidental or mrucqucutial damages, and that m such adjustment be made in
favor of the Seller with respect w any good which are the Sellers standard stock. No such teurrbation shall relieve
the Purchaser or the Sella.fatty offlow,.bligations as b any goods delivered hertunda.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assened within thirty (30) days fmm the der¢ the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Salle warrants that all goods sold hereunder shall fie been produced, sold, delivered and famished in stun
compliance with all applicable laws and regulations m which the good are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations r quird to be
incorporated in agreement, of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchmer harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pony shall msign, tmnsfev or convey this order, or any monies due or to become due ha under without the
'nor written CnnsenI of the other party.
10. TITLE.
The Sella warren. full, clear and warat icted rifle m the purchase for If equipment, materials, and it. f ished
in performance of this agreement fee and clew of any end ell liens, resnimmus. reaefa2dimu, sectary interest
mcuribmmrs and claims ofothers.
11. NONWAIVER.
Failure nature Purchase to insist upon strict pert of the tears and mrubmw hereof. failure or delay to
ramire
any rights or resudies provided herein or by law, failure m promptly nmify the Seller in the event of a
breach. the acceptantt of or payment fro goods hereunder or approval ofhe design, shall not release the Seller of
my of the warmnnies or obligations of this purchase order and shall riot the demand a waiver of any right of the
purchaser to imist upon strict performance hereofor may of its rights commandoes as in may such goads, regardless
of when shipped, received or accepted, as to any prior or subsequent default Inrewder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser tattoos, that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired wder fdeml or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant o this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS'OBLIGATIONS.
If the Purchaser darects the Seller to coma nonconforming or defective goods by a dam to be agreed upon by the
Purchaser and the Seller, and the Seller rhermRer indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by Bra most expediliom means available to it, and the Seller shall pay all
car. wanes red with such work.
The Sella shall releme the Purchma and its combustors of any tie fmm all liability and claims of any mature,
resulting form the ifformone, ofsuch work.
This releme shall apply even in the event of fair], of negligence of the parry released and shall extend to the
direcmrs, officers and employers of such pony.
The Seller's contractual obligations, including womanly, shall not be deemed to be rdwal. in any way, because
such work is performed or caused to be perfmmal by the Purchaer.
14, PATENTS.
Whenever the Sella is required to we any design, device, material or process covered by letter, patent, trademark
co,ynght the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement
by consent of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Producer for any cost, expense or damage which it may be obliged to pay M season of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pot thereof or the intetaled rue of the goad, is in such suit held to constitute infringement mad the use of
said equipment Or per u ra mmod, the Sella shall, at its own expense and at its option, either procure for Be
Purchase the right to combine using said equipment or inch, replace the same with substantially equal but
nwinlr(ngrg equipment, or modify it so it b somas nounfringing.
IS. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an awigmnent for the benefit of credimrs, appoint a
receiver or wrome, for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The daimuom of,,. used or the interpretation of the agreement and the rights of all panic hamnder shall be
consumed under and governed by the lawsafire Stan ofColmoda. USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repre sentative(s), on the mummies afothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at sidices own risk until the same is fully completed and accepted, sod shall,
in ease of any wrident, destruction or injury to the work mother mmeriafs before Sellers first[ completion and
areepunce, complete the work at Seller's own a.,. and or the satisfaction of the Purchaser. When mammals
arW equipment am f ahed by others fro imullation or emotion by be Sella, the Sella shall receive, broad,
same and hmalle same at the site and become responsible therefor as though such mmenah wdrm equipment
were being ftmdbed by the Sella under the order.
18, INSURANCE.
The Sella skirl, an his own expense, provide for the pay ica l of workers compensation, including occupational
disease benefit, to its employees employed on or in cmmection with the work covand by this purchase order,
andror to their dependents in accordance with the laws of the sale 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
linbil ity insure— with bodily injury and death limit.! a lesst 53 W,000 for any one pco,nu SSngOW for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
if any, to provide for such compowation and in e. Before any of the Sellers or his contractors
employes shall do my work upon the premises of others, the Seller shall famish the Purchmer with a cenificaa
that such compensation and insurance have been provided. Stub ar ificame shall specify the date when such
compensation ale insurance have been provided. Such catifimtes shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and imum ace shall be maintained and after the
emve work is completed anal accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more ressumibility and liability fro any mad all damage loss or injury i feny kind
or manure whatwn er to permm or proper,, coaxed by no resulting from the execution of the work provided for in
,his purchmc mother or in cowealon herewith. The Seller will indemnify and hold ]armless the Purchmer and any
r all of the Purchasers officers, agents and employees fmm end against any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may
M put or subject by uni of any art action, neglect, omission or default on the not of the Sella, may of his
contractors, or any of the Sellers or contractors oRmrs, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employes many time on account a
by mason of any act active, neglect omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the SCIICT hereby agrees to assume the defense thereof and to
defend the same at the Seller own expense, m pay any and all cast, charges, arm.,, fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchase, or said parties in or as a result ofsuch suits or other procedings,
the Seller will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, Banish and immll all guards necessary for the prevention of
accidents, comply with all laws and agulations with regard a safety, including. but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03n010