HomeMy WebLinkAbout475445 COMCATE INC - PURCHASE ORDER - 9144519PO
PURCHASE ORDER 914451er Page
C1171 of PURCHASE
9144519 1 of 2
' `t CollinsChis number must appear
"' 1 on all invoices, packing
sli s and labels.
Date: 08/07/2014
Vendor: 475445
COMCATE INC
C/O SHUB FINANCIAL SERVICES
440 GRAND AVE #425
OAKLAND CA 94610
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 08/06/2014 Buyer: ED BONNETTE
Note: PER INVOICE #5654 DATED 6/3/2014.
RENEWAL OF eFEEDBACK MANAGER SOFTWARE AGREEMENT FOR
SUZANNE JARBOE-SIMPSON.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 eFeedback Manager
Annual Renewal 7/22/14-7/21/15
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:purchasing@fcgov.com
1 LOT LS
23,095.00
Total $23,095.00
Pay terms net 30 days
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.
Tax exemptions. By some the City of Fort Collins is exempt from some and local taxes Our Exemption Number is
11. NONWAIVER.
9844502. Federal Excise Tax Exempuon Comic. of Registry 84�6000 ID is agistertd with the Collator of
Failure of the Puehaes to insist upon stria performance affix terms mud conditions harm,, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Schemes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by row, failure to promptly notify the Seller in rise event of a
breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Sella of
Goods R jetted. GOODS REJECTED due to failure to meet spcefrmorss, either when shipped or due 1r defecm of
any of the ..ties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goad, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsimem default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on amval.
hereof.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
er aehorized payma oa the pan of the City of Fan Collins. However, d is to be underso tod tholFINAL
Seller and the Purchaser recognim that in actual economic practice, overcharge, resulting from antitrust
ACCEPTANCE ins dependent upon completion of all applicable required inspection procedures.
violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
promise order, the Sella hereby assigns to the Purchaser any and all claims it may now lave or hammer
Freight Term. Shipments most be F O.B., City of Fort Collins, 700 Woad St., Fan Collim, CO 80522, unless
acquired trades federal or sate consumer laws for such overcharge elating to the particular goods or services
otherwise specified an this order. If permission is given to prepay freight ad charge intimately, the original freight
purchased or acquired by the Purchaser parmant to this purchase order.
bill must accompany invoice_ Additiowl charges for packing will not he accepted
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where rtavufanurers have distributing Points in variom pans of the country, shipment is
Iffe Purchaser directs the Sella to cement aoversomming or der Live goods by a&,a,. be egad upon by the
expected from the nearest distribution point to destitution, and excess freight will be deducted form Passive when
Purchaser and the Sella, ad the Seller dimmer indicates its inability or unwillingness to comply, the Purchases
shipments are crude form grwter ilkarae.
may came rise work to be perforated by me most expeditious cream available to it, and me Seller shall pay all
cost, onsocieM wif such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, cenifi.mi, and licenses mcond by all
mplexidle laws, nalmiom, ordinances and roles of the state, ntnnicipality, teritary, or political subdivision where
the work is performed, or required by any .,her duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Ion Call ins harmless firm and agoinst all liability and loss
incurred by hem by reason of as asserted he established violation of any such laws, regulations, ammmcea, miles
unit requirements.
Authoritarian. All panies to this contract agree that the representatives arc, in fact, bona fide and process full and
complex ..,had, 1m bind said ponies.
LIMITATION OF TERMS. This Purchase Order <xpmssly limits acceptance or the a. and conditions stated
hanam set from and any mpplemenery m additional terms ad camEtiom armexed harem he inumpor sed heein by
refercna. Any additional or different terms and conditions proposed by seller are objected to nerd hereby r6oaed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiaely try.. cannot make complete shipment 1m entire on year
promised delivery date as noted. Time is ofthe isomers. mers. Delivery and performance must be effected within foe time
stated on the purchase order and the documents muchd hereto. No acts of the Purchasers including, without
limitation, acceptance ofpaaial late deliveries, shall opemu as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and memble remedies, me option of placing this order elsewhere
and balding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays
due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priorities, fires, stakes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the peril ryual to the time actually but by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mxtmam and week covered by this order will cant with applicable
drawings, specifications, samples Waller other descriptions given, will he fit for the purposes iamndad, and
Performed with the highest degree of core and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which me
Purchaser may suff or inner on account of the Sellers breach of warmnry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year of within such longer period of
time as may be prescribed by law or by the terms of any applicable wmrenty provided by the Seller one, he doe of
acceptance of he goads famished hereunder (acceptnace not to be cammonably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of good 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 hereunder, shall extend m all damages incorrectly caused by the breach of any of the foregoing ternaries
or guarantees, but such liability shall in no event include loss of profits m lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may retake changes to legal terms by woman change order. -
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terror, order than legal terms, including additions to or deletions from
fix quarmais originally ordered in he spaifcations or drawings, by sedsal or written change order. If my such
change alfecta the amount due or the time ofpsrformance hereunder, an equitable djmtment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods risen not shipped, subject coo any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
porion of the guod and/or work, for incidental or consequential damages, and that no such adjustment be mode in
favor of the Seller with respect to any good which arc the Sellers standard stock. No such termin:nion shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for saflon r must he crested within hied (30) days from me dam the change or mammalian is
ordersl.
8. COMPLIANCE WITH LAW.
The Seller winners that all good sold heretader shall have been produced, sold, delivered and burnished in strict
compliance with all applicable lasts and regulations to which the good are subject The Sella shall execute and
deliver such domma nas as may be required to effect or evidence compRence. All laws and regulations aquirad to be
ncorpoa ed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts end damages suffered by the Purchaser as a result of the
Sellers failure to comply with such fair
9. ASSIGNMENT.
Neither party shall ensign, transfer, or convey this order, or any monies due or to become due hereunder without the
purr written consent of the omen party.
10. TITLE.
The Seller warmis fll, clear ad amesti road title as he Pmchaer for all ryuipmmt, materials, and it. f ishd
in performance of this agreement fro and clear of any and all liem, restriesione, reservations. security interest
cncumberttes and tours ofothers.
The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the
directors, oMae. and employees climb party.
The Sellers cotnracttul obligations, including warranty, shall not be deemed m be rNuced, in any way, became
such work is perficaremed or caused to be peribrmed by the Pmchmer,
14. PATENTS.
\Vismaver the Sella is required to use any design, des'ife, meta ial or process aovared by lever, parent trademark
or copyright, the Seller shall indemnify and save bamtless the Purchaser from any and all claims for infringement
by reason of the use of such peened design, device, marenal or process in connection with me context, and
shall indemnify the Purchaser for any cost, expense or damage which it may be mligd to pay by reawn of such
infringement at any rinse during the prosecution or ider the completion of the work. In case said equipment or
any part thereof or the intended me of me good, is in such suit held to consomme infringement and roe use of
said equipment or pan is enjoined, the Seller shall, in its awn expense and at its option, either procure for the
Purchaser the right to continue using said a omarrom or pans, replace the same with substantially apical bum
rimunfringing equipnsent or modify it so it becomes mairminging.
15. INSOLVENCY.
If the Seller shall become Insolvent or bmJmpt, make an assignment for the benefit of creditors, appoint a
receiver or trmme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defmn limes of terns and or foe intarpreratirn fthe agreement and the rights of all parries hereunder shall k
mewed under and governed by the macs ofrhe State ofC.loam, USA.
The following Additional Conditions apply only in cues where the Seller is in perform work hcreuder,
including the services ofSellm Represenmtisx(s), oo the premiss of otters.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on and work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Sellers Final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and a t ipment are Imishd by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same in the sire and become responsible therefor as though such materials and/or equipment
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease Nei to its employees employed on or in contraction with the work covered by this purchase order,
ands., to mein dependants in terminate with foe laws of the sue in which the work ism he done. The Seller
shall also carry comprehensive geneal liability including, but rot limited to, contractual aM automobile public
liability insurance with bodily injury and death limits of or lest s300,U0o for any one person. 55W,000 far any
one accident and property damage limit per accident of 5fitip. 00. The Sella shall likewise require his
com achom. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall den any work upon the Pem¢es croakers, the Seller shall famish the Purchaser with a cenifcaa
that such compensation and insurance Five been provided. Such ccnificams shall specify me date when such
mpemation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
enrice work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ammo the entire responsibility and liability for any and all damage, loss or injury crony kind
or were whomever a persons or property caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Sells will indemnify aM hold herni the Purchaser and any
r all of the Purehmers oRcars, agents and armloyes from and against any aM all claims, I., damages,
marrow ar expenses. whether direct or indirect, and whether to perfom or moperty to winch the Purchaser may
be par m subject by reason of may act, action, neglect, omission or dehuh on the part of the Seller, any of his
connnems, or any of he Sellers or a nnnctors omcars, agents or employees. In case my suit or other
proceedings shall be, brought against me Ptuchass, or its officers, agents in employees at any time on amount or
by reason of any act, action, neglect, omission or default of me Seller of any of his contactors or any of its or
their ofli agents or employees as aforesaid, the Sella hereby agrees to assume the defame fch of and to
defend the same at the Sellers own expense, to Pay any and all cosu, charges, Womeys fees and other expenses.
any and all judgments that may be incurred by or obtained against he Puchaer or my of its or their officers,
agents or employees in such suits or other proceedings, and in cam judgment or afar lien be placed upon or
.baited against the prupeny of the Purchaser, or said parties in or as a nesull of such suits or ocher proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, Danish and install all guards necessary for me prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety card Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised O7Cd)i4