HomeMy WebLinkAbout463325 PITNEY BOWES SOFTWARE INC - PURCHASE ORDER - 9144441Fort Collins
Date: 08/11/2014
PURCHASE ORDER
PO Number Page
9144441 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 463325
Ship To:
ELECTRIC UTILITIES
PITNEY BOWES SOFTWARE INC
CITY OF FORT COLLINS
ONE GLOBAL VIEW
700 WOOD ST
TROY NY 12180
FORT COLLINS CO 80521
Delivery Date: 08/04/2014
Buyer:
PAT JOHNSON
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 (CPMaint) CODE-1 Plus,
1 LOT
LS
8,002.00
HP:HP-UX, Annual Maintence
Renewal Covering 10/1/2014 to 9/30/2015
Ship to: Chris Howard
Platte River Power Authority
,
2000 E. Horsetooth Road
Ft. Collins, CO 80525-2942
2 (EP) US Postal Database
1 LOT
LS
10,818.00
HP:HP-UX 10/1/14 to 9130/15
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
Total $18.820.00
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
L COMMERCIALDETA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt Goon state and local man. Oar Exemption Number is
98-01501 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in nranail, may be resumed m you or credit vad are not to be mdwcd except on.. receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS are subject to the City of Too Collins inspection on amval.
Final Acceptance. Receipt of the merchandise, services or equipment in resporee to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
ACCEPTANCE isdepedent uponcompletioncfall applicabler pored inspection procedure.
Freigla Terms. Shipments must be F.O.D., City of Fon Collins, 70) Wood St., pow Collins, CO 80523, unless
otherwise specified on this order. 11 peemissim is is. to prepay freight end charge separately, the migirul freight
bill must accompany interim. Additional charges for puking will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in various pans at the country, shipment is
expected from the neatest distribution point to destination, and excess freight will be deducled from Invoice when
shipments are made from greater distance.
11. NONWAIVER.
Failure of the Purchaser m insist upon stain performance of he It. and ...ditiom hereof, failure or delay Io
xcrcise any rights or remdies provided herein 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 release the Seller of
my ofthe warranties Or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance Immon, any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent 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 terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller art the Purchuer recognize that in actual economic practice, overcharges resulting Even me moment
violations are in fact hometh by e Purchaser. Themofore, far good cause and ai consideration for executing this
purchase cadet, the Seller hereby assigns to the Purehaso any and all claims it may now have or hereaflm
uquiwd major federal or slate antitrust laws for such o"I mga relating to the panic fit. goods or went.
purchased or acquired by the Purchaser pursmnt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchuer directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the
Purchuer and the Seller, and the Seller Impostor indicates its inability 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.
Permits. Seller shell procure at sellers sole cost all necessary permits, cmificams and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, tenitory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor Seller fuller agrees to hold the City of Fort Collins hmmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, .Nuances, tales
and requirements.
Aummixermic An parties to his contract agree dun the representatives arein fart, bore fide and From. fun and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the temp and conditions .sated
herein set fnnh and any supplementary or additional nomu and conditions annexed front. or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected,
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENTmandiamly if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of he essence. Delivery and performance must be off tiod within the time
stated on the purchase coder and he d.cummoa attached hereto. No acts (if the Purchasers including, without
limiatic o, aceeptance ofpmial late delwories, shall operate as a waiver of his provision. In the event of any delay,
the Purchuer shall base, in addition m other legal and equitable urn dies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not to liable for damages as a mint, of delays
due to causes not reasowbly foreseeable which are beyond is reasonable control and without its fault of negligence,
such inns fGod. acts.(civil or military authorities, gmemmenm pmentios, fires, strikes, Rood, epidemics, wars or
dots provided than nonre of the rondilims causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the went of any such delay, he date of delivery shall h
extended for the prod equal on the it=actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, 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 he purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or now on account of the Sellers breach ofwaamy. The Seller shall replace, repair or make
gml, wifam cast to the parebmen, arty defnum or faults ansing within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty presided by the Seller after the date of
accepts ce, of the goods fanuhed hereunder (accip tom not to be arream iably delayed), newhing from imperfect
or defective work done or materials famished by he Sella Acceptance or use of goods by the Purchaser shall not
onclude a waiver of any claim coder this wamnry. Except as oferwise provided in this pumhaae order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or goaamees, but such liability shall in no event include loss of profits 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 Omer.
5. CI IANGES IN COMMERCIAL PERMS.
Ile Purchaser may make any changes to he lams, other than legal terms, including additions to or deletions from
the rotations originally ordered in the sped fcatiore or drewinga, by venial or written change order. If any such
change aRects the amount due or the time of performance herewder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pumbow, nay, err any time by writen change color, corminat, this agreement as to any err all portions of the
goods then not shipped, subject he any equiable djumm rid between he parity as to any work or materials hen in
progress provided than the Purchaser shall cot be liable for any claims for anticipated points on the uncompleted
auction ofthe goods allow work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with roiliest to any giants which are the Sellers standard stock. No such termiwtion shall relieve
the Purchaser err the Seller of any ofthelr obligations as many goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment urns, be assured within thirty (30) days form he data the change or termination is
ordncd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fuum9hd in mict
compliance with all applicable laws and regulations to which the goods are wbjmL The Seller shall execute end
deliver such documents as may be required to effect or o iidrntt compliance. All laws and regulations required to be
incorporaed in agreemenas of this character are hereby incorporated herein by his reference. The Seller agrees a
indemnify all hold the Purchaser harmless from all costs and damages sufcml by the Purchaser as a resin, of the
Sellers failure,. comply with such caw.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he
prior written consent ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrnMeted title m the Purchaser for all equipment, uruterials, and in. f tided
in Performance of this agreement, foe and clear of may and all tiers, restrictions, anomalous. securry Lowest
encumbrances and claims nFamous.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any sawn
resulting from the performanm of such work.
This release shall apply even in the event of fault of negligence of the Parry released all shall extend to the
direcmrs, officers and employees ofsuch parry.
The Sellers communist Obligations, including warranty, Shan not be downed to be reduced, in any way, twom se
such work is performd or eztuxd to he perforated by the Purchuer.
14, PATENT S.
Whenever the Seller is required to use any design, revive, .,out err process covered by lamer, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemem
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indenmify the Purchaser for any cast, expense or damage which it may be obliged to 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 use of the goods, is in such suit held to constitute infrin,cuum and the use of
said equipment or paw is enjoined, the Seller shall, at its own expense and at its option, either Fortune for the
Purchsser the right to continue using said equipment or paws, replace the same with substantially equal but
non infringing equipment or modify it so it hcamn noninGrnglRg.
15. INSOLVENCY.
If he Seller shall become conalvenn or hnkrvpt, make an assignment for flue benen, of conditions, appoina a
miniver or trustee for any of the Sellers property or business, this order may forthwith to,canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of moms used or nhe Inmrprenmion ofthe agreement and he rights ofall panics hereunder shall be
.,,,mid under and gmiemed by the Iowa of the State of C.Imed., USA.
The following Additional Conditions apply only in where he Seller is to perform work hereunder,
including the services of Sellers Represenative(s), on thecases
premises ofofe u.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk and the same 6 fully completed and accepts, and shall,
in case of any accidem, destruction or injury to the work major taateriaa before Sellers final compleiou and
acceptance, complete the work in Sellers Own Capture, art W the satisfaction of the Purthaso. When materials
and espapmont eR fiunishs by others for installation or eredort by the Seller, the Seller shall receive, unload.
store and handle same a fie site and became responsible therefor as Tough such materials armor equip prom,
woe being famished by the Seller under the order.
18. INSURANCE.
Tfe Seller shall, at his own expense, provide for the payment of workers c.mpenatioa including occupational
disease benefits, to is employees employed on or in correction with the work covered by this purchase order,
town n to their dependents in accordance with the laws of he state in which the work is in be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and lamb limits of at leant 5300,000 for any one person. S500i n for any
ince accident and progeny damage limit per -rule. of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and iasumnce. Before any of the Sellers or his contractors
employees shall da any work upon fie premiums of when, he Seller shall famish fie Purchaser with a ocnifiate
that such compensation and insurance have been provided. Such cordficates shall specify the date when such
compensation and aerospace have been provided. Such conifiatn shall specify ran date when such compensation
and insurance expiws. no Seller egrets that such compensation and insuaoce shall be maintained until after fie
.lire work is complens and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire o sp risibility and liability far any and all damage, lass ar injury ofany kind
r none whatsoever to persons ar property roused by or resulting form the execution of the work provided for in
his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchsser and any
cr all of the Purchasers officers, agents and employees from and almoner any and all claims, losses, damages,
harges or expenses, whether direct or patient, and whether to persore or property to which the Purchaser may
be put or subject by reason of any net, action, neglect, omission or default on the pan of fie Seller, any of his
contractors, or any of the Sellers or ontractors Officers, agents or employees. In two any suit an other
pmreedings shall be brought agaimnbv purchaser, or its.Beers, agents or employees at any time on sin— or
by reason of any ul, urban, neglect, omission or default of to Seller of coy of his mntanors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby pasta to assume the defense thereof and to
deferaj the same m fie Sellers own expense, m pay any and all own, charges, mmany. fees ell other expemes,
any and all judgments that may be incurred by or obmind against the pmchasor or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property offe Purchaser, or said parties 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 o navvise. no Seller and
his contractors shall Like all safety ameamicum, famish and install all guams necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without liminnim, the
Occupational Safety and Health Act of 1970 and all mos and negotiators issued pursuanl therein.
Revised 0701H4