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HomeMy WebLinkAbout540988 LINKO DATA SYSTEMS - PURCHASE ORDER - 9145217Fort Collins Date: 09/10/2014 Vendor: 540988 LINKO DATA SYSTEMS 4251 KIPLING ST, STE 220 WHEATRIDGE CO 80033 PURCHASE ORDER PO Number Page 9145217 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 09110/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 LOT LS 38,110.00 Software/Linko Proposal7/30/14 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.mm $38,110.00 _ Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order ferns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 98-01502. Federal Excise I'ax Exemption Carifcale of Registry 84fi000581 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Smtuta 1973, Chapter 39-26, 114 Ld) Good Rejected. GOODS REJECTED due to failure f mad specification, either when shipped .,due.. defer. of damage in tmnit, may be national to you for credit and are not in be replaced except upon receipt of written companies from the Cory of Fon Collin. Inspection. GOODS art subject o Have City of To" Collin inpation on arrival. Final Acceptance. Receipt or Ric merchandise, services or equipment in response to this order can result in ern gpimd payment oa the pan of the City of Fon Collins. Howevea it a as be understood Ham FINAL ACCEPTANCE is dependent upon completion ofall applicable required inpectian procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, 701 Wand St., Fort Cultural, CO 80522, unless otherwise specified on this aide,. If permission is given to prepay, freight and charge separately, the ongi rd freight bill must accompany massive. Additional charges for packing will not be accepted. Shipment Distance. Where purmarturfrs have donfluring From in swings pans of the c sentry, shipment is expected from toe rearm distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distract. Permib_ Solder shall procure at milers sole cost all necessary permits, certificates and licenses required by all applicable laws, o gulminn, crdimmccs and mles of the some, municipality, temorry or political subdivision where he work is turbanned, or equi,cd by any orlon duly constituted public authority huvingjun,thslion ova, Ile work of vendor. Seller further agrees to hand the City of Fart Collins harmless front and against all liability and loss incurred by fen by reason of ran msm,d or established violation of any such lows, regulations, odimor—, rules and rcquiranents. Authorization. All parties to this cantered agree that the representatives are, in fact, bona fide and possess full and omplem amharity to bind said paries. LIMITATION 01TERMS. This Purchase Order expressly limits acceptance to the decors and conditions stated herein set fork and any supplementary or additional liters and conditions annexed hereto or incorporated herein by reference. Any dclitimaal or different arm and conditions propose) by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as acted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase ortkr unit the documcns attached hereto. No secs of the Purchasers including, without limitation. acceptance ofwnial late deLvenes. shall charge n a waive of this Precision. In the even, of any delay, the Pn ch. shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall act be, liable for damages as a mull of &days due to causes not imaginably foreseeable which are beyond its magaruble control and without its fault of negligence, such arc. of God, secas of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or rims provided that active of the condition caning such delay is on. 10 the Purcloch r within five (5) drys of the time when the Seller first received knowledge thereof In the event of any such delay, the den of delivery shall be camaWed for the period equal to the new acmlly lag by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, aricles, materials and work covered by this order will conform with applicable drawings, specifications, samples amPor other description given, will be fit for the puryo as intended, and performed with the highest degree of cam and competence in Accordance with acceptd ma rdands for work of a similar come. The Seller agrees to hold the purchaser harmless from any loss, dmage or expenx which the Purchaser may .We, ar incur oa account of the Sellers breach of we.,. The Seller shall replace, repair or make good without cost to the pumbasoo any defects Or Halts arising within one (0 year or within such range period of time as may be prescribed by Inw or by the tam,, of any applicable warranty provided by the Seller one, the data of uctepmove of the goods famished heremder Famptance not to be unreasonably delayed), resulting from inmafect or defective work done or material' banished by the Seller. Acceptance Or ere of goods by the Purchaser shall not institute a waiver Of any claim under this warranty. Except as otherwise provide is this purchase order, the Sellers liability hereunder shall extend to all clarifies pro comely ca sad by the breach of any of the foregoing wartantics or guarantees, but such liability shall in no even include Inss of profils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rents by writer, change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the nuns, other than legal rams, including addition to or deletions from do, quantities originally ordered in the specification or drawings, by verbal err wore. change order. If any such change alfecs the amount due or the time ofperfmmence hereunder, an equitable adjutmat, shall be made. &TERMINATIONS. Ile Nachacr may at any time by written change order, terminate this agreement as f any or all portion of fc good than act shipped, subject to any equitable adjustment between the paria as to any work or maerials then in ..ogres provided that the Purchaser shall era he liable for any claims for anticipated proi on the uncomplad portion of the good amllm work, for incidental or consequential damages, and that An such adjustment be made in favor of the Seller with respect to any goods which art the Sellers suract suck. No such termination shall relieve fe Purchase or the Seller of any of their obligation as to any goods delivered hereude. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustments mast be asserted within thirty (30) days from the date the change or tetminmive is andered. S. COMPLIANCE WITH LAW. The Seller waamnls that all gaud sold hereunder shall have been produced, sold, delivered and famished in stoic, compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be, incorpomed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Pumhesaa as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neill pony shall assign, neither, or convey this order, or any monies due or m become due hereunder without the prior written consent ofhe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to fire Purchna for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lien, restriction, reservations, secariry interest encumbrances end claims Ofolent. 11. NONWAIVER. Failure of the Purchaer to insist upon stria Performance of the term and condition hereof. failure or delay f exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance ofor payment for goofs hereunder or approval ofhe design, shall rot release the Seller of any of the warm ties or obligation of this purchase order and shall not he danced a waiver of any right of the Purchaser to insist upon stned performance hereofor any of its rights or remedies as to any such good, regardless of what shipped, received or accepted, as m any prior or subsequent default hareunde, nor shall any papoded and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller aM the Purchasa oveogniu that in actual economic practice, overcharges resulting from antitrust violation art in fact home by the Purchaser. Theremfore, far practice,pod .. and as wnideratian fir executing this purchase order the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrt.l laws for such ovechmges relating to the particular good or services purchased or acquired by the Purchaser patching so this purchase under. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Sella. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may coati the work m be performed by the most expedition means available to it, and the Seller shall pay all costat assu reed with such work_ The Seller shall release the Purchaser and its contractors of any tier from rill liability and claims of any nature menbing form the performance of such work. Ibis release shall apply even in the event of fault of negligence of the pansy released rand dull extend go the directors, officers and employees ofsuch Parry. Ile Seller's contractual obligations, including waranty, shall not be darned no be, reduced, in any way, because such work is perfumed or caused to be Performed by the Purchaser. 14. PATENTS. Wherever the Seller is required to ere any design, device, material or process covered by letter. paten', trademark or copyright, the Seller shall indemnify and save hmmless the Purchase from any and all claims for inGngemenl by reason of the use of such patented design, device, material or process in connection with the contmet, and shall indemnity the Purchaser for any cost, 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 That thereof or the intended use of the good, is in such suit held to cami use infringement and the ere of said equipment ar par is enjoined, the Seller shall, at its own as,. and at its option, ei&cr procure far $e Purchase the right to continue using said equipment or pans, replan ,he same with amoomially equal but noninfinging equipment, or modify it so it becomes rwninfringing. 15. INSOLVENCY. If the Seller shall become mistreat or bane Htpt, make an assigner, for the benefit of creditors, appoint a or rmsme, for any of the Sellers properry or brines, this order reasy forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definition of tams used or le interpretation ofle agreement and the rights of all panics her m ern shall Ip contmed under and governed by the laws of the Some afC.Imado. USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sall,m Rem f enaaiweB). on the premises clarions. 17. SELLERS RESPONSIBILITY. The Seller shell carry as said work at Seller's own risk until the same is fully completed and accepted, and shall, in a of any accident, destruction or injury to the work anal materials before Seller's tinsel completion and ccepImm, complete the work a1 Seller's own expense and I. the satisfaction of the Purchase,. When mntenals and equipment are famished by others for inoculation or erection by the Seller, the Seller shall rancive, unload, store and handle some at the site and became responsible therefor as though such materials and/or equipment ware being Trimmed by the Seller under the odor. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bendts, to its employees employed on or in connection with the work covered by this purchase under, harper to their dependents in accordance with the laws of the state in which the work is to b, done. The Sella shall also carry comprehnssive general liability including, but not limited to. contractual and automobile public bublllry inurena with bodily injury and death limits of at least 5300,000 for any one persao, S500,e1u for any evident and property damage but, per accident of 5400,000. The Seller stall likewise require his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of odmrs, the Seller shall famish the Purchaser with a verificate 0m, such c nmpaknn aM in a Imve been provided. Such certificates shall specify the den when such compensation and inumee have been provided. Such ver ificates shall specify the ate when such ..,.am and insurance expires. The Seller agrees tha, such carappecargatim, and imumm shall be maintainM until after the entirt work is complaed and accepted. 19, PROTECTION AGAFNST ACCIDENTS AND DAMAGES. The Seller hereby aesuma,he attire responsibility ad liability fir any and all dmage, loss or injury ofany kind or nature wh dso cer to persons or propary caused by or resulting from the execution of the work provided for in this purchase order or in connection berexith. The Seller will indemnify and hold homeless the Purchases and any r all of the Purchasers officers, agents and employes farm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whaler to person or property to which the Purchaser may be put or subject by mason of tiny act, action, regard, omission or defoult on the pan of the Seller, any of his infomaors, or any of the Sellers or conpanors othcirs, agents or employees. In ang, any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its Or their officers, agents or employees as aforesaid, fie Seller hereby agrees to assume the defense thereof and to defend the same in the Sellers own expense, to pay any and all casts, charges, attomcys fees and other expenses. any and all judgments that may be incurred by or obtainM against the Purchaser 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 of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will in once cause he same to be dissolved and discharged by giving bond or otherwise, The Sella and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limimdon, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuanuhertto. Revised O7n(H4