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HomeMy WebLinkAbout521093 MS GOVERN - PURCHASE ORDER - 9133020PO PURCHASE ORDER 913302er Page CI�/ of PURCHASE 97 33020 1 of 2 ' `t Collins This number must appear ` v on all invoices, packing sli s and labels. Date: 11/10/2014 Vendor: 521093 Ship To: SALES TAX MS GOVERN CITY OF FORT COLLINS A DIVISION OF N HARRIS COMPUTER CORP. 215 N MASON, 2ND FLOOR 1 ANTARES DR, STE 400 FORT COLLINS CO 80521 OTTAWA ON K2E 8C4 Delivery Date: 06/11/2013 Buyer: ED BONNETTE Note: PER RFP 7470 SALES TAX SOFTWARE CONTRACT AWARDED TO MS GOVERN. Line Description Quantity Ordered UOM Unit Price Extended Price 4 Addendum to PO #9133020 1 LOT EA 15,000.00 Consulting ADDED PER J.PING-SMALL EMAIL DATED 1117/14. ECB 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 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 sEtum the City of Fort Collins is exempt from state and local taxes. Had Exemption Number is 98-04502. FWeol 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). Good Rejected. GOODS REJECTED due to failure to peer specifications, eithef when shipped or due 1. defects of damage th namio, maybe returned to you for credit and are not to be replaced except upon receipt of writen inetmctions from the City of Fort Collins. hspecrion. GOODS are subject to the City oflion Collins inspection on arrival. Final Acceptance. Receipt of be comfor iu, service or sgdpming in response to this order can result in aphorized pajama, me the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teases. Shipments must be F.O.B., City of Fan Collim, 700 Woad Sec, Fan Collins, CO 80522, unless oNawiss specified em this order. if permission is given to prepay freight and charge separately, the original freight bill must ecwmp only invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manuforaurers have distributing points in various pans of the country, shipment is expected from the mares distribution paint to distinction, and excess freight will be deluged from Invoice when ,uproents are made from greats dttanre. Permits. Sella shall procure m sellers sole cost all neasso, permits, certificates and licenses raluired by all applicable laws, reguladares, ordinances and rules ofthe state, municipality, ministry, or political subdivision where the work is performed, or required by any other duly encouraged public auhodty havingjunsdiction over ffe work of vaid.,. Seller further agrees to hold tbe City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, on ireares, roles and requirements. Authorization. All ponies tsa this romrdct agree that the repreunmtiva are, in fact, bow fide and possess full and LIMITATION OF to RMsaidpanic. LIMITATION an TERMS. This Purchase Order expressly con acceptance ed the tcmrs and conditions sine] hacin see forth end any l or di menary, or additional temps and conditions annexed hereto or incorporated herein by reference. Any additional or di0brennems and condition proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately trying cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pert rmance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operas as a waiver of Nis provision, In the event army delay, the summer shall gave, in addition to other legal and equitable remedies, the option ofplacim 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 of Had, acts ofcivil or military authorities, guaramenEl priorities, fires, strikes, Rood, epidemics, wars ar riots provided that notice of rise conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella firs, received knowledge thereof. In the event of any such delay, Ibe date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conf with applicable deawingx, specifications, samples and/or other daaiptiom given, will be fit for the purposes intended, and performed with the highest degree of care and conference in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless tom any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shill replace, repair or make good, without cost a Ne purchase. any defect of fights ranging within one (1) year or within such longer period of time as maybe pracribal by law or by the toes army applicable warranty provided by the Seller after the date of acceptance of the goad famished hereunder na ponce not to be unreasonably delayed), moulting from Impart t or defective work done or materials famished by the Sel lee Acceptance or use of good by the Purchaser shall not constitute a waiver Of any claim under this warinnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any or the foregoing wammtin or guammas, but such liability shall in no event include lass 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 ro legal lanes by warm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including adi iliom m or deletions from the quantities originally ordered in the specificntiom or drawings, by verbal or written change order. If any such change alTect the amount due or the time ofperfomonce hereunder, an equitable Apparent shall be male. 6. TERMINATIONS. The Purchaser may at any time by wdnen change odor, terminal, this agreemeOr as to any or all portions .1-me ,nods that at shipped, subject to any equitable adjustment between be patties as to any work or materials hen in progress provided that the Purchaser shall out be liable for any claims for anticipated profits on the umompleted portion of $e goods goal work, for incidental of consequential damages, and thm no such adjmtmmr be made in favor of the Seller with respect to any goods which are the Sellers smn&nt stock. No such Eradication ahall relieve the Purchaser Or the Seller of any afheir obligations as m tiny goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ad,.., most be asserted within dirty (30) days from the time de change or Ermination is oNered. 8. COMPLIANCE WITH LAW. The Seller warrants than all goods sold hereunder shall have been produced, said, delivered and fumuhed in strict compliance with all applicable laws and regulations 0 which the goods art subject The Sella shall execute aM deliver such documents as may he required to effect or evidence compliance. All laws and reguladors required to be incorporated in agreements of this chameter ate hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser a a result of the Sellers failure to comply wld such law. 9. ASSIGNMENT. Neither party sholl rosin, aarsRr, or convey this order, or any monies due or to become due hereunder without the prior wrinen cement of the office party. 10. TITLE The Sella warrants full, clear and umesafte rd title to de pmuchaaer fro all equipmen, materials, and items furnished in paramours of this agreement, free and clear of any and all lips, restrictions, reservations, spumy interest encumbrances and claims of others. I L NONWAIVER. Failure of the Purchaser to indst upon stict performance of the arms; and conditions hereof, failure or delay to exemiss any rights or remedies provided herein or by law, failure to promptly notify the Seller m the event of a breach, the, acceptance afar payment for goods hereunder or approval ofthe design, shall not release the Seller of any of go, watmnties or obligations of this purchve aNn and shall not be deemed a waiver of any right of rise purchaser to insist upon going performance hereof or any of its rights or remedies as to any such goods,regardless of when shiMal, received or accepted, as no any prior or subse,tral default hereunder, nor shall any Formula] oral modification or rescission of his purchase order by fire Purchaser operate as a waiver of any of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations art in fact home by fire Purchaser. Theretofore forgoodcause and as consideration for executing this purchng, We,, the Sella hemley i,.a as rise Purchaser any good all claims it nEy now have or breather acquired under federal or suite antitrust tows for such overcharge relating in the particular goods or services parchaud or acquired by the Purchaser pursuant to this purchase orda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser three. the Sella 0 roam, nonconforming of ciefecia goads by a date in be agreed upon by he Purchases and the Seller, and de Seller thereafter irdiema irs ivbili, or unwillingness E amply, the pumhaur may cone the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs us ... Wed with such work. The Seller shall release the Purchaser and its contngors of any tier from all liability and claims of any nature resuRing from the perfomrmce fsuch work. This release shall apply near in the seem of fault of negligrnce of ffe party releaed and shall extend to the directors, officers and employees ofsuch party. The Seriefs cooperating obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, paten, trademark or copyright, the Seller shall indemnify and gave harmless fire Purchaser from any and all claims for inrir,ar ent by reason of the use of such patented dater, device, material or process in connection with the comae, and shall indemnify the Purchaser far any cos, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or altar the completion of the work. In case mid equipment, or any pan thereof or the intended tim of the good, is in such suit held to constitute infringement and the use of said equipment or pan is emomed, the Sella shall, to its own expense and at its opton, either procure for the Purclu the right to continue using said ryuipment or pans. replace the same with subsuntially equal but nouinffinging empmem, or modify it so it becomes noninfrnging. 15. INSOLVENCY. If rise Mier shall become insolvent or bankapg, make an assignment for the benefit of crediars, appoint a receiver an trustee for any of the Sellers paspedy or basirress. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt gaud or the interpretation ofdte agreemrnt and the rights; ofall panic hereunder shall be cotsrmrd under mod governed by the lows ofc State ofColoudo, USA. The fallowing Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the spices of Sellers ReprandmiaB), on the premises of offers. I). SELLERS RESPONSIBILITY. The Seller shall cony on said work at Seller's own risk ..,it the same is fully completed and accepted, and shall, in e of any accident, desom ion or injury to the work and/or materials before Seller's final compleion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials vd yuipag nt are famished by others for installation or resident by rbe Sella, the Seller shall receive, unload, sore and handle same at the sire and become raporeible theref n as though such materials coati equipment were being famished by the Sella under the order. 18. INSURANCE. The Sella shall, m his owe expense, provide for the payment of workers compaesmlon, including compatiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, uodlor tat their dependents in accordance with the laws of be style it which the work is as be done. The Seller shall also carry comprehensive general liability including, but not limited to, command and automobile public liability insurance with bodily injury and death limits arm least E300,000 for any one person, s500,000 for any one accident and property damage limit pa accident of $a0U,000. The Seller shall likewise require his command, great, a provide for such comparvtion and occurrence. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall perish the purchaser with a cedifcate that such compensation and insurance have ban provided. Such callficata shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation am incumnce expire. The Sella agrees that such compensation and insurance shall be maintained until after the aside work is completed and neceprN. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind Of mare whatsoever to persons or pmpmy caused by ne resulting tram the execution ofthe work provided for in Nis names. anda of in formation hereaiff. The Sella will indemnify and hold harmless the Purchaser aM any of all of the Purchasers efrm,, agent and emplay. from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may be put or subject by reason of any act, action, ganglia, omission Or default on the pan of the Seller, any of he. Contmdors, Or any of the Sellers of computers officers, agents or employees. In czar my suit or other proceedings shall be brought against the Purehasa, or its officers, agents in employees at any time on account or by reason of any act action, neglect, omission on defaull of the Sella of any of his contractors Or my of it or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and it judgment that maybe incurred by or Obtained against the purchaur or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon Or obtained agaiar the pto,ed, ofthe Purchaser, or said panda in or is a result of such suits or other proceedings, the Sella will at once muse the same to be dissolved and discharged by giving bond or othewise. The Seller and his contractors shall take all safety precautions, famish and install all guard nacessary for the prevention of accidents, comply with all laws and regulations with regard f safety including, but without limitation, the Commercial Safety, and Health Act of 1970 and all roles and regulations issued purstim, thereto. Revised 07R014