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HomeMy WebLinkAbout189591 TRAPEZE SOFTWARE GROUP INC - PURCHASE ORDER - 9142600Fort Collins PURCHASE ORDER PO Number Page 9142600 1of3 This number must appear on all invoices, packing sli s and labels. Date: 05/08/2014 Vendor: 189591 Ship To: TRANSFORT BUS FACILITY TRAPEZE SOFTWARE GROUP INC CITY OF FORT COLLINS PO BOX 202528 6570 FORTNER ROAD DALLAS TX 75320-2528 CITY OF FORT COLLINS CO 8052 Delivery Date: 05/08/2014 Buyer: WILSON, JILL Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014115 Maintenance Fees 1 LOT LS 10,200.00 FX/Block Buster 2 2014/15 Maintenance Fees 1 LOT LS 4,675.00 Info -COM 3 2014/15 Maintenance Fees 1 LOT LS 22,750.00 OPS 4 2014/15 Maintenance Fees 1 LOT LS 5,400.00 PLAN 5 2014/15 Maintenance Fees 1 LOT LS 5,725.00 PASS-MON 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 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914260 Number Page C117/ Of 9142600 2013 ' `t Collins This number must appear V on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 2014/15 Maintenance Fees 1 LOT LS 14,000.00 PASS 7 2014/15 Maintenance Fees 1 LOT LS 5,990.00 OPS-MON 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 $68,740.00 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. COMMERC1ALDEfAH.S. Tax exemptions. By statute the Ciry of Fan Collins is exempt from state and local nixes. Our Exemption Number is 11.NONWAIV[R. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-600058] is registered with the Collator of upon s raw y Failure of the Pubehauno insist u ber perf o tt office corms and coMirioa heraf, failure or data m Internal R ommue, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (a), caturvism any rights or remedies provided herein or by law, failure to promptly notify tare Seller in the event of a breech. The acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sella of Goals Rejected, GOODS REJECTED due to failure to nicer specifications, either when shipped or due to defects of any of the wamnfct or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in transit, may be resumed m you fur credit and are rot to be replaced -,,, upon receipt of writers FamM1nor, ro insist upon strict performance hereofar any units rights or remedies m to any such good, regaNless inrouctions from the City offset Collins. of when shipped, received or accepted, m to any poor or subsequent default hereunder, nor shall any purposed oml modification or «scission of Nis purchase Omer by the Purchaser operate as a waiver of my of the terms Inspection. GOODS we subject be rare City of Fon Collins inspection an arrival. thereof. Final Acceptance. Receipt of the merchandise, sernialu or ipment in response In this order car rcrud, in 12. ASSIGNMENT OF ANTITRUST CLAIMS . au thariaed fi payment ern e pan of the City of panCollins. However it is m be understood chatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges; resulting from mst antit ACCF,P'1'ANCE is dependent upon completion of all applicable required inspection procedraer. violations Oro in fact beanie by the Purchaser. Thercmfre, far .ad cause and as mandemtioa for amening this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemmer Freight Tenn.,. Shipments must be EO.R., City, of pod Collim, 700 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or state anlitmst laws for such overcharges relating to the particular goods or services Otherwise specified on this order. If perandoan is given n,prepay freight and chtrye separately, ,are original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must mcompany invoice. Additional charges for parking will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distnbming points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goats by a date to be agreed upon by the expected from the nearest distribution paint to dratiatic., and excess Freight will be deducted from Invoice when Purchaser and the Seller, and the Seller,hereafter indlcems it, inability or unwillingness to comply, the Robertson shipments wo made from greater distance. may cause the work to be performed by the most expeditious mean, available to it, and rare Seller shall Pay all toss msaimed with such work. Permits. Seller shall procure at sellers sole cost all naesmry permits, eenifates and licenses required by all applicable laws, regulations, ordiaanees and other of the smte, municipality, mrfimry or political subdivision where the work is performed, or required by any other duly convicted public authority having jurisdiction over the work of vendor. Seller higher agrees to hold the City of Fort Col firs harmless from and winner all liability and loss incurred by then, by reason of an asserted or established violation of any such laws, regulations, mdiranca, mles and ra3uiremenm. Authorivaion. All ponies to this contract agree mat the representatives are, in fact, bona fide and posters full and osmium mumar ty to bind said parties. LIMITATION 01: TERMS. This Purchase Order expressly limits ammenim to the temps and conditions stated herein it ionic and any aupplemenmry ,, additional tents and conditions annexal hereto or incorporated herein by reference. Any additional or different tames and conditions proposed by seller um objected to and hereby r Jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannel make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, stall operate as a waiver of this pmvision. In the ,at arany delay, the Purchuer shall have, in addition to other legal and equitable omedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, me Seller shall nor he liable for damages as a result of delays due to causes net easonably foreseeable which are beyond in reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental Fri fies, ificalkes, flood, epidemics, wars or riots provided that notice of have conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received krrowledge thereof. In the tent of any such delay, the date of delivery shall he extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materiak 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, am performed with the highest degree of care and competence in accordance with accepted standards far work of a miler nature. The Seller agrees to bold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purrlao, any defects or faults arising within one (1) year or within such longer period of lime as .nay be prescribed by law or by the terms of cry applicable warranty provided by the Seller after no date of ccepmne, of the goods furnished hereunda(acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or maerals promised by The Seller. Acceptance or use of good by the Purchase, shall not constitute a waiver ofany claim under this warranty. Except m otherwise provided in this purchase edam the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing resonances or guarantees, but such liability shall in no event include loss of profs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Tare Purchaser may make eM1angesm legal It. by written change comer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any cheaper m the mom, other than legal tern,, including additions m ar deletions form the quantities originally ordered to the specifications or drawings, by net or wriam change order. If any such change affects the coconut due or The time ofperformance hereunder, an equitable adjm,mem shall be made. 6. TERMINATIONS. The Purchaser may 61 any time by wnma change code, terminate this agreement m to any or all portions of fie good then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in progress provided than the Purchaser shall not be liable for any claims for i n ariNted profits on the uncompleted portion offer good ampor work, for incidental or consequential damages and that no such adjustmem be made in Favor of the Seller with respect to any grinds which arc the Sellers sonalt..I stock. No such mrmirmtion shall relieve the Purchaser or the Seller crony of their obligations as to wry goods delivered hereunder. ]. CLAIMS POR ADJUSTT MENT. Any claim for adjustment most be asserted within thirty (30) days from the dam the change or termination is ordered. a. COMPLIANCE WITH LAW. The Seller warmmx than all goods sold hereuader shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and rember as ,n which the good am subject The Seller shall execute and deliver such documents as may IR required to eeect or evidence compliance. All laws and regulations mryiml to be incorporated in agreements of this demurrer are hereby incorporated herein by This rafere am,. The Seller agrees an indemnify, and hold the PuteM1ascr harmless from all casts and damages suffered by the Purchuer as a tauh of the Sellers failure b comply with such law. 9. ASSIGNMENT. Neither pity shall assign, transfer, or convey Nis order, or any monies due or he become due hereunder without the prior women consent ofthe other pity. 10. TITLE. The Sell,, warrants poll, clear and onreemleted title to the Purchaser for al I equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release ,he Purchaser and is commemrs of my tier from all liability and claims of any ..am resulting from the performance, afsuch wog:. This release shall apply even in no event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pony. The Sellers contacted obligations, including wammy, shall not be deemed to he reduced, in any way, because such work is waftabo d or caused m be performed by the Purchase. 14. PAT EN I S. Whenever the Seller is required to use any design, device, material or process covered by letter, Detect, trademark ropy. igla, the Scna shall indemnify and save hamdcss fin Pnrchmer from any and all claims for infringement by reason o1'the use of such patented design, device, material or process in connection with the coatmct, and shall indemnify he Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such arrangement at any time during fie prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said alrailroad or pan is enjoined, the Sell,, shall, at its awn expense and at its option, either procure for the Purchaser the fight to continue using said equipment or puts, replace the same with substantially equal but noniafringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become inwkent or banknot. rake an msignmern for the benefi, of creditors, appoint a or trusme for any of the Sellers property or business, this rimer may foMwith W rznceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions armors tram or the imipremtion of the agmemen, and the tights of all parties hereunder shall be construed under end governed by the laws ofine State m(Colomdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Rep reseamtive(s), on thecases premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own trsk man the same is fully completed and accepted, and shall, e of any accident, desTrowdom or injury to the work torpor materials before Sellers firm] completion and acceptance, complete the work at Sellers own expense and to the satisfaction of race Foresaw. When materials and equipment are famished by others for circulation 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 Roosted by the Seller coder the Omer. IS. INSURANCE. 3Te Seller shall, at his own expense, provide for the payment ofworkers compemation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pushes, order, and/or to their dependents in accordance with The laws of the same in which the work is on he done. The Seller shall also carry compreh urom general liability including, but nor limited to, commearal and automobile public liability insurance with bodily injury and death [nor. of at leas, S300,000 fir any one person, S500,000 to, any one accident and property damage limit per accident of 5400,000. The Seller shall likewise raluire his contractors, if any, to provide for such compertion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such umpmmaian and insurance have been p—tried. Such certificeles shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imumnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'I he Seller hereby assumes the entire respomibil ity and farad it, her any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in co.meclien herewith. The Seller will indemnify, and hold hvmleas the Purchaser and any r all of the Pubshasrs officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may 4 put or subject by raven of any can, action, neglect, omission or default on fie pan of the Seller, any affair contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought againn the Purehauq or its offeen, agents or employers at any time on accoua, or by reawn of any act action, neglect omission or default of the Seller of my of has contraction or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof rand to defend the same at the Sellers own expense, m Pay any and all cons, charges, anomeys fees and other expenses, any and all judgments Not may be weumd by or abtainN against Ile, Purchaser or any of its a, the. effects, agents or employees in such mats or other proceedings, and in cue judgment or other lien Be placed upon or obtained against the property ofthe Purchum, or mid parties in or as a result ofsuch Buis or other proceedings, the Seller will at once cause the mote to W dowelved and dischmged by giving bond in otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary, for the prevention of ccideuts, comply with all laws and regulations with regain to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all niter and regulations issued pursuant thereto. Revised 034M10