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HomeMy WebLinkAbout259175 SYMPRO INC - PURCHASE ORDER - 9144329Fort Collins Date: 07/30/2014 Vendor: 259175 SYMPROINC 2200 POWELL ST SUITE 1170 EMERYVILLE CA 94608 PURCHASE ORDER PO Number Page 9144329 1of2 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: 07/29/2014 Buver: ED BONNETTE Note: ANNUAL MAINTENANCE SYMPRO SOFTWARE 8/l/14-7/31/15 @ $7,000.00 PER INVOICE #08128 DATED 7/23/2014. SOFTWARE UPGRADE TO 7.4 PER PETER BAKONYARI PROPOSAL DATED 7/18/2014 @ $2,500.00 AND PER INVOICE #08128 DATED 7/23/2014. Line Description Quantity UOM Unit Price Extended Ordered Price 1 SYMPRO ANNUAL MAINTENANCE TERM: 8/01 /14-7/31 /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 1 LOT LS 9,500.00 Total $9,500.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 hase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Pon Coll im is exempt from stale and local taxes. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Confcme of Registry 84-6050587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 hn Goods Rejected. GOODS REJECTED due W failure to meet specifications, either when shipped or due to def is of damage in mnsit may be rtnsmed to you for credit and are not to be replaced except upon recript of written imtrurrione fro the City of Fon Collins. Inspection. GOODS art subject no the City of Fan Collins impaction on enivil. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can malt in authorized payment on the pan of the City of Fort Collins- However, it is to be understood 'bar FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight Tactics . Shipments anus' be, F.O D., City of Fort Collins, 9W Wood St., ran Collins, CO $0522. unless wherwise specifN on this orJa. If permission o given a prepay freight and change separately, the orginal freight bill must accompany invoice. Additional charges for pecking will not be mrepred. Shipment Distance. Where manufacturers have distributing Points in vanom parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made front greater distance. Permits, Seller shall procure at sellers sole cost all necessary pemifiu, certificates and Ilcemas required by all applicable laws, regulations, ordinances and rules of the state, municipality, terrimry or political subdivision where the work is Fedora 1, or required by any other duly cautioned public authority having jurisdiction over the work of vendor, Seller father agrees to hold the City of Tom Collin hvmless from and agWad all liability tad loss incurred by them by mason of m planted or established violation of my such laws, prommines, ordinances, miles and rorim ementc. Authorization All parties to this contract agree that the representatives arc, in fact, bona fide and posses, full and complete authorry to bind said parties. LIMITATION OF TERMS, This Purchase Oiler expressly limits acceptance to the terms and conditions stand herein set both and any supplementary or additional terms and conditions annexed hereto or uporpommd herein by reference. Any additional or different names and conditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immrdiaely if you cannot make complete shipment to arrive on your promised delivery dam 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 herein. No arms of the Purchasers including, without limitation, acceptance of partial late delivers', shall operate as a waiver of this provision. In the event artery delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts official, acts of civil or military authorities, govemmental pnonties, fires, shrom , flood, epidemics, wars or H. provided that notice of the condition causing such delay is given to the Pumhaser within five (5) days of the time when she Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be emended for the period equal to the time acnally lost by memo of tie defy. 3. WARRANTY. The Seller warrants that all good, articles, materials 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, and iterfamted with the highest degree of to and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which tie Purchaser may suff or incur on account argue Sellers breach of wammny. The Seller shall replace, repair or make good, witur ur cost to the purchaser, my defects or faults numb, within one (I) year err within such longer petted of ,into as maybe prtscu bcd by law or by the to. army applicable warmnry provided by tie Seller affair the date of acceptance of tie goods furnished Paramount (eccepgmce not to be ma.mably delayed), resulting from imperfool or detective work time or mammals f fished by the Sella. Acceptance or use of goods by the Purchaser shall not comtime a waiver of any claim under this wrongly. Except as otherwise provided in this purchse aorder, the Sellers liability hereunder shall extend to all damages proximally caused by the beech of any of the foregoing wmmntias or.an..am., bur such liabilby shall in na evem include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERAIS. The Purchaser may make changes to legal team by wri m change When. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other for legal tams, including additions to or deletions from flue quantities originally ordered in .1 sp—lic uums or drawings, by verbal or wnnen Change order. If any such change affects the amount due or the time of performance hereunder, W equitable adjustment shall be made. 6. TERMINATIONS. The Potechsser may M any time by wdpen change order, connote ore this agreement as to any or all yotioa of the good then rot shipped, subject to any equitable exposures, between the parties as to my work or caterials then in progress provided nor the Pumhxser, shill not be liable far any claims for anticipated Pmfils m the uncrimpleo d potion of tie goads md/or work, for incidental or incrustations] damages, and that no such adjustment be made in favor of tie Seller with respect to any good which arc tie Sellers sundard stock. No such termination shall relieve the Purchaser or the Seller of any of their obli,mom an m any good delivered firm m 1, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fro the date the change or implication is ordered. 8. COMPLIANCE WITH LAW. The Sella wmrans that all goods sold hereunder shall have been predicted, sold. delivered and famished in scud compliance win all applicable laws and regulations as which tie goods art subject The Sella shall execute and deliver such documens as may bereturned to effect or evidence compliance. All laws and regulation required to be ncoryomted in agreements; of this character art hereby incorporated herein by this re@'ence. Ile Seller agrees m indemnify and hold the Purchaser harmless from till costs and damages suRered by the Purchaser at o remlt of tie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or my monies due or to Iteame due ham unalm without the prior wfinm mtamr ofthe other, party. 10. TITLE. The Seller wamms full, clear and umavicted tine to the Purchase for all equipment, macnals, and items famished in performance of this agreement, free and clear of any and all lien, rcztmetione, reservations, security interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, future m delay w exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance nfor payment for good hereunder or approval of the design, shall at mleme the Seller of any of tie com nties or obligation of this purchase order and shall rot be deemed a waiver army right of tie purchaser to imist upon stain performance hero f or my of its rights or remedies as to any such good, regardless of when shipped, received or zceepled, as us my prom or subsequent default hareunder, ror shall any a tponed root modifcalioa or rescission of this purchan order by roe Purcbma operate as a waiver of any of the tram Proof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual econamic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theremfore 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 under frdemi or scale moment laws for such overcharges relating to the particular goods or services; purchased m acquired by the Purchaser pursuant to this purcban order. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pmchaar directs the Sella Ile mama nonconforming or defbclue goods by a dam Io Ire agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply, fe Pantheism may cause the work to Be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. The Seller shall relearn the Purchaser and its contractors of any tier from all liability and claims of my nature resulting f m the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcars, officers and employees of,.h parry. The Seller's commensal obligations, including wafrar ry, shall nol be deemed to be redmed, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is original to use my design, device, material or process covered by letter, paint, predictions r copyright, the Seller stall indemnify and save harmless the Purchaver from an, and all claims for affirm procm by reason of the use of such pammed design, device, rmteral or process in connection with the contract, aria shall indemnify the Purchaser for my lest, expose or damage which it may be obliged to pay by rezwn of such infringement at tiny, lime dues, the prosecution or after the completion of the work. In case said computed, or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seler shall, at its own expertise and at its option, either procure for the Facilitator the right to continue rising said equipment or pans, replace the same with substantially equal but noninfi nging clumping, or modify it so it becomes noninfroging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmipL make an arrangement for the benefit of cmdlmrs, appoint a normal or rmistee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser winner liability. 16, GOVERNING LAW. The definitions of mum used or the intirpreution of tie ag'rcmmit and the rights of all pinnies hereunder shall he conshued under and governed by the laws of the State ofColomdu, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers RepresenativHs), on the premises oforsom it. SELLERS RESPONSIBILITY. -- The Sella shall tarty on said work at Settees own rsk until the same is fully completed and incepted, atd shall, in case of any accident. destruction or injury to the work anNor mammals before Shcds final completion and mcWturm, complete the work at Sellers own expense and to the satisfaction of the Purchaser Whom materials and equipment arc famished by others for nomination or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become impossible therefor as Hough such mammals and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, Provide for the payment of workers compensation, including occupational disease benefs, to its employees employed m or in connection with the wars, covered by this purchase order, author to then deperWen's in accordance win tie laws of tie sum in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracting and automobile public liability insurance with partly injury and death limits of at leer 5300,00(f for any one P am, $50spCo for any e accident and propeny damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such cam,ammiris and in e. Before any of the Sella or his conlrarmis employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cenificam that such confirmations and insurance have been provided. Such ceniftmms shall specify tie date when such compensation and insurance have been provided. Such tertificatm shall specify to date when such compensation and insurance expires. The Sella agrees that such mmineaation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or patient, caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchown officers, agents and employees from and against any and all claim%. losses, damages, charges or expenses, whiner, direct or indiren, and whaher to persons or property to which the Purchaser may be pat or subject by reason of my rot, action, neglect, omission at default on tie pm of tie Seller, any of his corrosion, or my of the Sella or copperna rs oRcars, agents or employee, In eau any suit or other proceedings shall be brought against the Purchaser, or its offircas, agents or employees at my time can account or by reason of any act action, negler, omission or def sill of the Seller of my of his contractors or my of is or their ofcars, agents or employees as aforesaid, tie Seller hereby agrees to assume the defense thercof and m defend the same at the Sailers awn expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgmms that may be incurred by or obtained against the Purchaser or any of its err their of ivers, 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 Puchmer, or said parties in or as a result of such suits or other proceedings. the Seller will at once is. the same ro be dissolved and dischmged by giving bond or onewin. The Seller and his contractors shall take all safety praaunons, famish ail install all guards necessary for the Reception of accidents, comply win all laws and regulations with regaed to safety including, but withwt limitation the Occupational Salary and Health Act of 1970 and all colas aM regulation issued pursuant themes. Revised o)R014