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HomeMy WebLinkAbout441221 HIGH PLAINS INFORMATION SYSTEMS - PURCHASE ORDER - 9144562PURCHASE ORDER PO Number Page City of PURCHASE 9144562 , of 2 ' `t Collins ollins Thisnumber must appear �7 on all invoices, packing sli s and labels. Date: 08/11/2014 Vendor: 441221 Ship To: POUDRE FIRE AUTHORITY - AD HIGH PLAINS INFORMATION SYSTEMS 102 REMINGTON 6465 GREENWOOD PLAZA BLVD FORT COLLINS CO 80524 SUITE 1025 CENTENNIAL CO 80111-4905 Delivery Date: 08/08/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Tiburon CAD Interface 1 LOT LS 7,500.00 Invoice 6814 dated 5/28/14 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 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 Condilions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cumifcme of Registry 84 6000587 is registered with the Collector of Intental Revenue, Denver, Colorado (Ref, Colorado Revised Stamtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to ddects of damage in armed, may be remmed m you for credit and are nal to he replaced] except upon receipt of written itscructioos from the City of Fort Collins. Inspection. GOODS art subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can fault in authorized payment an the pan of the City of Ton Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Four Collins, 700 Wood St., Ian Collins, CO 80522, mles otherwise specified on this order. If pemnislon is given to prepay freight and charge separately, the original freight bill must accomWny invoice Additional changes for Packing will not be accepted. Shipment Dinmce. WT,rt manufacturers have distributing points in vans pans of the country, shipment is expected from the nearest di urfinu on point to destination, and excess freight will Be deducted fmm Invoice when shipment, are its from greater distance. Pemtits. Seller shall procure at sellers sole cost all necesmry pe.its, cenifcates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, turimry or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller further agrees 10 hold the City of Fort Collins harmless from and against all liability and lass incurred by them by Trion of an asxned or exablishe l violation of my such laws, regulations, ordinances, rules and fequiremens. Amlimizsrim. All panics to this comma l agate that the reprexnatives are, in fact, bona fide and pea ss full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Orda expressly limits acceptance to the terms and conditions stated herein set forth and anyupplencrum, or additional tcros and conditions annexed hereto or incorporated herein by reference. Any additional err different terns and candulans proposed by seller are objeLred to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou caanat make complete shipment to arrive oa your promised delivery date as acted. Time is of the esseme. Delivery and Performance most M etTemed within the time stated on the pmrchase order and the documents attached hereto. No ms of ff, Forehands including, without limitation, acceptance of partial ]ale deliveries, shall o amm as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to offer 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 muses not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, acts ofcivil or military outhmilics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions rousing such delay is given to the Purchaser within fate (5) days or the time when the Seller for received knowledge thereof. In the event of any such delay, the date of ddi,ay shall be extended for the period egad m the time are -fly two by reason of the delay. 3. WARRANTY. The Sells, wamnta that all grads, articles, materials and work rovered by this other will conform with applicable drawings, specifications, samples ender other descriptions given, will be fit for the purposes inlcnded, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser Impress from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wormanty. The Seller shall replace, repair or make good, without cost to the purchase. any defects or faults arising wiffin one (I) year or within such longer period of time as may be piesai ed by law or by the terms of any applicable wammpty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not m be unreasonably delayed), resulting fmm imperf t or defective work done or mmenals fiunishal by the Sella. Acceptance or use of goods by the Purchaser shall But onst]mte a waiver of any claim under this warranty. Except as othemise provided in this purchau order, the Sellers liability haeuMe shall extend to all damaga proximately caused by the breach of any of the fiend, fig wmr'omia or gcom pares, but such liability shall in no cent include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchases ray make Bay changes to the terms. Other than legal terms, including additions to or deletions from the quantities ongially ordered in the specifications or drawings, by vc bal or wrinm change ONa. If Bay such change affects the amount due m the time ofperfarmwve hereunder, an equitable adjus ram, shall he it.. 6. TERMINATIONS. The Purchaser may at any time by written change ova, terminate this agreement as to Boy or all pommas of the goods then nod started, wilpatao any equitable auljtaslment between the parties as to any work or materials then in progress provided that the Purchaer shall not be liable for any claims for mrid,vacd profits on the uncompleted portion of the goods amVor work, for incidental or consequential damages, and that no such adjusMan be made in favor of the Seller with respect m any goods which arc the Sellers stanched stack. No such Manhattan shall relieve the Purchaser m the Seller or., of their obligations as m any goods delivered herttmda. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he assumed within thin, (30) days from the date the change or larmiation is micas . 8. COMPLIANCE WITH LAW. Us Seller wormu, that all goods sold heranda shall have been produced, sold, delivered and Pomished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella shall execute and deliver such documcaB as may be required to effect or evidence mmpliance. All laws and regulations required to be nows"mted in agreements of this character are hereby incorporated herein by this reference The Sella agrees m indemnify aM hold the Fuchsia Families fmm all toss and damages suffered by the Purchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wdnae consent of the. be, Percy. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, nmlmak, and items famished to performmce of this agreement, free and clear of any and all [ies, reductions, reservations, secunry interest mempot macs vd claims ofathers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to ssavike any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the arsenic a of m pa,rem for goods hereunder or approval of the design, shall nut release the Seller of any of the warranties or obligations of this purchau order and shall not be deemed a waiver crony right of the purchaser to insist upon shim peflumtance heeaf or any of is rights m mnMies B, to any such goad, regardless of when shipped, receive& or accepted, as to my prior err subsequent &fault herewder, nor shall any purported am] modification or rescission of this purchau order by the Purchaser operate as a waiver of any of the rams bent f. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that at neat.] c is practice, eradoWe, resulting from antitrust violations arc in fact home by the Purchaser. Theretoforeforo good cause and as consideration for executing this purchase BOB, 'he Seller back, assigns ,, the Purchaser any and all claims it may now have ar bermm, acquired under federal or state antitrust laws for such overcharges relating on the µoracular goods or services purchased or acquired by the Pumbaser pursuant to this Purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchava directs the Sella to cancer nonconforming or defective goods by a date to, be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates is mobility m unwillingness in comply, the Puchaser may cause the work to be performed by the most expeditious mean mailable to it, and the Seller shall pay all costs associated with such work. The Seller sbnll release the Purchaser and its contractors of any list from all liability and claims of any name resulting from the pert uranre of such work. This release shall apply even in the event of fault of negligence of the play released and shall extend 10 the directors, omcas and employee, of such Party. The Settees contractual obligations, including warrany, shall not be vacated as be reduced, in any way. because such work is performed or roused to h performed by the Puchasa. 14. PATENT S. Whenever the Sella is required to weary design, device, material err process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save formless the Purcluscr from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the commit, and shall indemnify One Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work In case said equipment, or any pan thereof or the intended au of the goods, 6 in such suit held to mamimte o fringemeat and the use of sad equipment or Pan is enjoined, the Seller shall, at its own expels, and at its option, either Procure for the Purchaser the fight to continue using said equipment m pots, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfirumng. 15. INSOLVENCY. If the Seller slmll become insolvent fir bankrupt, take an assignment for the benefit of creditors, appoint a ouder— or trustee for Buy of the Seller ppap, or business, this order may fanhwith M canceled by be Purchaser without liability. 16. GOVERNING LAW. The definitions of terns nsW ar the mastermind of the agreement and ffe rights of all panda hertunder shall be onstrued under and governed by the laws ofda, State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Reprexnlativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk if the same is fully completed and mr,h d and shad, in x of any accident, destruction or injury to the work and/or materials before Sellds final completion and acceptance, complete the work at Seller's own expcaese and to the satisfaction of the Purchaser. When bananas and equipment arc furnished by others for insmldtion or erection by the Seller, the Seller shad rtceive, unload store and handle same ar the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under she order. 19. INSURANCE. The Seller shall, a1 his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the weak casered by this purchase order, and/or to their dependent, in accordance with the laws of the spite in which the work is to Be done. The Seller shall also carry comprehensive general liability including but not limited m, Contmctal and automobile public liability insurance with bandy injury and death limits of at least S300,000 for any ace person. S500,000 for any accident end property standoff, limit per accident of S40g000. The Sella shall likewise require his rodmism, irony, to pmnde for such compensation and insurance. Before any of the Sellers or his mmretors employes shall der any work upon the premise, of offers, the Sella shall famish the Pumhasa with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insmmroe have been provided. Such cafficate, shall specify the data when such compensation and insurance expires. The Sella ogress that such compensation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby —Wpet the sabre responsibility and liability far Bay and all damage, lass m injury of any Had or nature whatsoever to pastas or property caused by or rasulfng fmm the execution ofthc work provided far in this purchau order or in comeaion herewith. The Sella will indemnify Bud hold harmless the Purchaser and any r all of the Pumlusses officers, agents and employees TWO add against any and all claims, losses, damages, charges or expenses, whether direct or indirect, Bud whether to persons or propeTy, to which the Purchases may be at or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case BOY suit or omet proceedings shall be brought against the Purchuer, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same err Be Sellers own expense. to NY any and all cuss, charges, atmmeys fees and other expeaes, Bay add all judl irms s that may be incmml by or obmwed against the Purchaser or my of its or their officers, agents or employees m such suits or other proceedings, and in cox judgment Or other lien be placed upon or obtained against the property of the Purehasa, or said panic 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 otherwise. The Seller and his contracts" shall mks all safety precautions famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ivies and regulmium issued pursannhereat. Revised 07R014