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HomeMy WebLinkAbout247336 JUSTICE SYSTEMS INC - PURCHASE ORDER - 9142897Fort Collins PURCHASE ORDER PO Number Page 9142897 1of2 This number must appear on all invoices, packing sli s and labels. Date: 05/21/2014 Vendor: 247336 Ship To: MUNICIPAL COURT JUSTICE SYSTEMS INC CITY OF FORT COLLINS 4600 B MCLEOD NE 215 N MASON, 1 F ALBUQUERQUE NM 87109 FORT COLLINS CO 80524 Delivery Date: 05/21/2014 Buyer: ED BONNETTE Note: PER INVOICE #1400127-in DATED 5/2/14. NINE (9) USER LICENSES FOR FULL COURT ENTERPRISE SOFTWARE FOR 7/1/14-6/30/15. Line Description Quantity UOM Unit Price Extended Ordered Price 9 User Licences FC Enterprise 1 LOT LS 9,900.00 su pport/m ai nt. 7/ 14-6/ 15 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:purchasingQfcgov.com Total $9,900.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collim is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certifcao of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pedmrmance of are terms and conditions hereof, failure or delay to Into=[ Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a), examise any rights or reaction provided he an 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 not relws the Seller of Goods Rejected. GOODS REJECTED due is failure in meet specifications, either when shipped or due on defects of any of the —counties or obligations of this purchase order and shall trot be deemed a waiver of my right of We damage in foxed, may be resumed to You for credit and ate WI to be replaced except upon receipt of wnnen purchaer ro insist upon snot per(omunce hereofor any of its rights or remedies as to any such goods, regardless moratorium Foam the City of Fon Call ins. of when shipped, received of accepted, m to any prior or subsequent default hereunder, nor shill any purported oral modification or rescission of Nis purchase order by Ne Pmchmer claim, in is w'oubor of any of the terms Inspection. GOODS ere subject o the City of Fon Collins inspection on arival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can rmull in 12. ASSIGNMENTOF AN ITRUSTCLAIMS. authorized payment on the Pa of ,he City of Fon Collins. However, it is to be understood Nat FINAL Seller and the Purchaser nou,no ve nor W actml cais pmmice, overcharge reaching fromantinust ACCEPTANCE is dependent upon completion of all ti i able re trios urslowbon pmcedutes. violations arc in fact bore by the Purchmer. Theremre f, for good cause and as considershon fat executing this r purchase order, the Seller hereby assigm to the Pmchasr any and all claims it may now have or hereafter Freight Terms. Shipments mnst be F.O.B., City of Fort Collins, yW Wood St,, Fort Collim, CO 80522, unless acquired under annual or state antirmsr laws for such overcharge relating do the Particular goods of front m orwiu specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by He Purchaser pormanr no this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing pform, in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice who. shipments art made from greater durance. Permits. Seller shill procure at sellers sole con all necessary prnnits, certificates and licenses required by all applicable laws, regulations, ordinance and toles offbe state, municipality, tertiary or political subdivision where the work is performed, or tnlui red by any other duly constituted public authority having Jmsdictio t over the work of cannot, Seller further agrees m hold the City of Fort Collins roomlas from mad against all liability and loss incurred by them by recant or an asserted or established violation of any such laws, regulations, ordinmmm. mlcs and rcgnircmeds. Aurhorisnum, All panics to Nis contmet agree that the representatives are in fact, bow fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in are terms and conditions stated herein set from and any zupplcmenmry or addommil terms and mndirions annexed hereto of incorporated ho rin by reference. Any additional or J. Brand terms and conditions proposed by sells are objected rem and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as food. Time is of The esserce. Delivery and pedmmance must be effected within the time stated on time punitive order and the documents attached hereto. No acts of the Purchasers including, withom limitation, acceptance of panel late deliveries, shall ocerate in a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpladng this ardor elsewMre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to tames not easombly foreseeable which we beyond its reasomble cannot and without its foul, of negligence. such acts of God, acts ofcivil or military amhoNle, governments] pdon,ies, fires. stakes, Rood, epidemic, won or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be extended fix the permit equal to the time actually lost by reason ofhh delay. I. WARRANTY. The Seiler warrants that all goorl , entries, materials and work covered by this order will conform with applicable drawings, s,ex,ifer itim, samples azi are descriptions given, will be fir fat, the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar wface The Seller agree m hold the purchaser modes, from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warnnry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the toms of any applicable warranty provided by the Seller after the date of acceptance of the goods burnished hereunder (acceptance not be unreamwbly delayed), resulting from imperfect or defective work done or mmerids famished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hemtmder shall extend m al I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use NO IMPLIED WARRANTY OR MERCI IANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes as legal team by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Fureber, may make any cluage 10 the tame, other Nan ens legal te, including additions to or deletions mm thoe quantities ordered in the s,calicatiom or drawings, by cabal o vanown change order If any such change aRecs the amount due or the time ofperfofmance hereunder, an equitable adjmtmem shall be made. 6. TERMINATIONS. The Purchaer may at any time by written change man, terminate Nis ispermem as to any or all podlam of the goods then rat shipped, subject to any equitable admor mf between the panics as to any work or mtuterials Ned in progress provided that the Purchaser shall not be liable for any claims for mtidpated profit on Ne uncompleted ,onion of the goods frdlor work, for incidental ce consequential dmnaga, and Wert an such Wjmmunt be made in favor of the Seller with respect to any gadds which sre the Sellers standard stock. No such termimum shall relieve the Purchaser or the Seller of., i f their Obligations in to any goal delivered beatitude. ]. CLAIMS FOR ADJUSTMENT. Any claim for ndjaamenl must be, scandal within Worry (30) days from me date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been prodeaN, sold delivered and fumished in strict compliance with all applicable laws and regulations fro which the gaol are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofher other pay. 10. TITLE. The Seller warrants full, clear and unmanned title to the Purcbaser for all equipment, materials, and items famished in performance of this agreement, fie, and clear of any and all liens, restrictions, renovations, security interest encumbrance and claims of orders. II. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbiliry 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. 'lire Seller shall release the Purchaser and its mmmcma of any lie, from all liar) iry and claims of any crime resulting Irate the performance of such work. 'this release shall apply even in the event of fault of negligence of the pmy released and shall extend to the directors, ollicom and employees of such parry. The Seller's contractual obligations, indaming warranty, shall not be deemed to be reduced in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Wbenever the Seller is required in use any design, deice, material or process eavereJ by letter, pacnt, trademark Or copyright, tire Seller shall indemnify and save hmmins the Purchaser from any and all claims for infringement by reason of the use of such patented design, deice, nammal or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to NY by reason of ouch management at any time during the pmsecmian or after the completion of the work. In coo mid equipment, or any pat thereof or the intended use of the goods, is in such suit held m mrmtimte infringement and the use of said equipment or pan is enjmimi Ne Seller shall, at its own expense and at its option, eider p.a for We Purchaser He right no continue in, said equipment or Faris, replace the same with substantially egml but noninfnnging equipment, Or modify it so it becomes noninGmndog. 15, INSOLVENCY. If fe Scuer shin became a.],., or backdrops, male, an assignment for dre benefil of creditors, appoint is to mance fr, any of He Sellers popery or business, this oNer may FoMwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. The definitions offermm used or are interpretation of the agreement and the fights ofall Wnia hereunder shall be unmoved under and governed by the laws ofhh State of Colomdu, USA. The fallowing Additional Candinam apply only in case where ,he Seller is to perform work hcfunder, including the services of Sellers ReprescnmincOf on the prrmke, of orders. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and marred, and shall, to e of any nridem, destruction or injury m the work andior materials before Seller's Real completion and acceptance, complete the work at Sadlei s own expense and to We satisfaction of the Purchaser. When materials and equipment are Wmished by others for installation or erection by the Seller, the Seller shall mans, load, store and handle sure at the site and became responsible therefor in though such astounds mirror equipment were being fumished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational dieae theories, to its employees employed on or in connection with the work covered by this Farchme anted andur to their dependents in accordance widt the laws of the state in which the work is to be dune. The Seller shall alp curry comprehensive refund liability including, but not limited to, conformal and automobile public liability insurance with halily injury and coach liens of or lent S300,KO for any one person S500,000 for any one accident and property damage limit per accident of 54W,g10. The Seller shall likewise require his if any, to provide for such form,canconfor and mourance. Before any of the Sellers or his contractors employes 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 certifcata shall specify the don when such conpereation and insurance have been pm.nded. Such certificate shall specify the date when such compensation and insurance cxpires. The Seller agrees that such campewdoa and insurance shall be maintained ..,it after the entire wad: is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby au ma the entire responsibility and liability for any and all damage, toe or injury army kind or aadmrt whamxvin to persons or property caused by or retailing farm the execution offhe work provided for in this produce order or in connection herewi h. The Sella will indemnify and hold harmless the Purchaser and any of all of the Purchasers officers, agent and employees from and against any and all claims, hisses, damages, charge 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 Sella, any of his contractors, or any of are Sellers or ontnemrs officers, agents or employees. Inc any stir Or Other proceedings shall be brought against the Purchaser, or in officers, agents or employees at any lime on account or by rcnon of any act, action, neglect omission or default of the Sell,, of any of his conbaars or any of its or their ollicen, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defend the same to Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRicers, 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 Purchaser, Or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or Whom im, no Seller and his contractors shall coke all safety precautions, famish and insmll all guards neccssary for the prevention of accidents, comply with all laws and deputations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmm thereto. Revied 03nOI J