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HomeMy WebLinkAbout474899 BLACKBAUD - PURCHASE ORDER - 9146570PO PURCHASE ORDER 914657er Page CI'ty. of PURCHASE 9146570 + of 2 t Collins Ins This number must appear ` v ` 1 , on all invoices, packing sli s and labels. Date: 11/10/2014 Vendor: 474899 BLACKBAUD PO BOX 930256 ATLANTA GA 31193-0256 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/07/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Renewal Invoice #90795419 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 10,500.00 $1 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. COMMERCIALDETAHS. Tax exenrytioa. By saute the Ciry of Fad Collins is exempt from state add local taxes Door Exemption Number is 11. NON WAVVER. 98-04502. Federal Excise Tax Exemption Cedificate of Registry 84-6000587 is registered with the Collector, of Failure of the Pa cM1aser m insist upon strict performance of the torn and conditions hadef, failure or delay m Internal Revenue, Denver, Colorado (Re. Colorado Revisal Sesames 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided Mrein or by law, failure to promptly notify the Sella in the event of a breach, the accom nee ofor payment for goods h addenda or approval of the design, shall not adease the Seller of Good Repaint. GOODS REJECTED due to failure I. meet specifications, either when shipped or due to defects of my of the wardroom or obligations of this purchase Miles and shall nth be dremd a waiver of any right of the damage in traait, may M rammed to you for credit and e , not in M replaced except upon rrceipt of wrivat Purchaser to insist upon atria performance hereofor any of its rights or remedies as an any such good, regarAless maductirns farm the City of Fun Collins. of when shipped, received or accepted, ed as any prior or subsequent default Maturities, nor shall any purported anal modification or rescission of this purchase order by the Purchaser opmmte as a waiver of any of the worms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or minimum, in response to this order can it in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to M understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resuhing from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. M violations art in fact Mme by the Purchaser. Theofore, fogood cause and as consideration for executing this purchase order, the Scller hereby assigns to the Purchaser any and of claims it may now have or hereafter Freight Tame.. Shipments mat M F.O.B., City of Fod Collins, 7W Woad SL, Fad Collins, CO 80522, wkss acquired under federal or state antitrust laws far such overcharges relmng to the pameet. good or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase, parmant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCIicadm PERFORMANCEOF SELLERS OBLIGATIONS. thecountry,Invoice haveddistribun,rand ace invariousill Shipment.Re,. Whom manution If due PurchasaeSell the Seller defective goods o beagrtedupon by the M de when point to Jatiation, and excess frtighf will be deduced from Invoice whrn expected m the nearest poi ter emdecreancmforcaing esin add the Sella, and the Sella Na®fta indicates its itmeans a unwillingness b comply, the furchasa unwillingness s a distn shipmmm am made from Beata distance. ra myIssurclauxe may cause the cook to ch performed by the most expeditious means available to it, and the Sella shall pay all cons cock associated with such work. Pemmik. Seller shall procure at sellers sole cost all necessary permits, oertifcans end licenses acquired by all applicable laws, regulations, ordinances and mles ofthe suite, municipality, contrary or political subdivision wham the work is performed, or required by any other duly amounted public authority havingymadiction ova the work of vendor. Sella fuller agrees In hold Nr City of Fort Collins harmless from and against all liability and lass incurred by Nam by reason of an asserted or established violation of any such laws, regulations, ordinances, riles unit requirements. Authorirstion. All parties to this conduct agree Nat de representatives art. in Not, hone fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated Loran sec Ruff and any supplementary or additional terms and conditions annexed Remo or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejecrd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is of he essmce. Delivery and performance must be effealed within the time staled on toe purchase order all the documents attached hereto. No acts of the PurcM1aarm including, without br imord, acearn. ofpadial Ice deliverrs, shall operata as a waiver of this provision. In the award of any delay, the Purchaser shall have, in addiction to other legal and equitable rand ics, the opfn of placing this order elsewhere and holding the Seller liable far damages, However, the Sella shall not he liable for dious,m as a drink of delay. due to causes not reasonably foreseeable which are bryand its reasonable control and without its fault of negligence, such acts of Gat, acts of civil or military authorities, governmental priorities, fires. strikes, Rood, epidemics, wars or firm provided that thrice of the conditions ansing such delay is given to the Pardoner within five (5) do, of the time wM1m the Seller first received knowledge thercof. In for event of any such delay, the date of delivery shall M nodded for tee period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller wmmrns tea, ale, goad, articles, nuseriak and work mead by Nis oMer, will conform with applicable drawings, spaifations, samples mayor other descriptions, given, will be fit for the puryosm 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 the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defecth, m faults timing within one (1) year or within such longer pentad of time w may M proscribed by law at by the tern ofany applicable warranty provided by the Sella after the date of acceptance of the good Famished hereunder (accalaace not to M unreasonably delayed), maulong from impeded or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability heeunder shall extent to all damages proximately caused by the beach of any of the foregoing warranties or guarantees, has such liability that in no a,. motade 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 in legal terms by wooden change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, oMer than legal terms, including additions to or deletions from the quantities miginaly ordered in the specifications or drawings, by verbal or written change order If any such change afford Be amount due or Ne time of perforrmaoce hereunder, an equitable adjmtrnrnt shall M made. 6. TERMINATIONS. The Purchaser may at any time by wridan change order, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials then in progress pmvl&d that the Purchasr shall tot M liable for any claims fw anticipated profit on the uncompleted nation of the giants arbor work, for incidental in crnscquential damages. and that no such Wjmtmmt be node in favor of the Sella with ,¢pat tit any goods which are the Sellers stanched stork. No such tamtination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most M asserted within thirty (30) days firm the date tM change err tcmtimtim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that al good said hereunder shall have bcen produced, said, delivered and Namaland in strict compliance with all applicable l wx and regulaions m which the goad ere mbjeck The Seller shall exempe all deliver such documenm as may be required to effect or evidmce compliance. All laws and regulations acquired to be ncorporated in agreements of this chameta arc hereby incaryorsted herein by this reference. The Seller agrees m indemnify and hold the purchaser had, as from all costs and damages sufered by the Pumboad as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, traafeg or ronvey this order, or any monies due or to become due hereunder without the �prio, written cause., of the other party. 10. TITLE. The Sella wamnts full, clear and unrestricted title to the Huchazcr for all equipment, materials, and items funtishW in performance of this agreement. free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims afmhers. The Seller shall release the P rmlower and its contractors of any tier from all liability and claims of any nature resulting Now rise performance afauch work. This relmse shall apply even in the event of fault of negligence of the party released and shall extend m the directors, officers and employees afsuch pony. The Sellers contractual obligations, including wananry, shall not be dcemed to M reduced, in any way, because such work is performed or mused to M Performed by the Parcbasa. 14. PATENTS. Whenever the Seller is required muse any design, device, ..,coal or process covered by lane,, grant, trademark or copyright, the Seller shall indemnify and save barriess the Purchaser Wm any and all claims for inGngement by reason of the use of such patented design, device, material or process in mrmeceon with the comma, and shall indemnify the Purchaer for any cast, expense or damage which it may M obliged to pay by reason of such infringement m any time duns, the prosecution or aRe, the completion of the work. In case said equipment, or any pan thereof or the nodded use of the goods, is in such suit held to mnstimte lnfn'ngement and the use of said equipment or pad is rejoined, the Seller shall, at its own expense and at its option, either pmcua for the Pumhasa the right so cominue wing sad equipment or pans, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninGtnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for tee beaefil of creditors, appoint a ,dava or ranee far any of the Seller popery or beasirecs, this order may foMwith he canceled by the Purchaser without liability. 16. GOVERN NG LA W. The definitionso hales used or the interpretation ofthe agreement and Ne rights ofdl parties hermaxim shallM trimmed under and governed by Nc laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rap rsentarive(s), on tee pramfsa ofoders. IT. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk unfit the same is Polly completed and accepted, and shall, in ase of any accident, destruction or injury to the work and/or materials before Seller's final completion and seaplanes, complete the work m Sellers own expense and to No satisfaction of the Purchases When mmenals and equipment are famished by others for installation or erection by His, Sella, Ne Sella shall receive, unload, score and handle same at the site all become responsible thmerm as though such nom als and/or equipment were being Rumford by the Sella undo, the order. 18. INSURANCE. The Sella shall, at his own expense, provide for Ne payment of wodas compensation, including occupational disuse benefits, in its employees employed on or in connection with the work covered by this purchase order, anal to their dependents in accordance with the laws of the state in which the work is to be time. The Seller shall also carry comprehensive general liability including, but not limited ter, antiradical end automobile public liability imamate with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any Me accident and progeny damage limit for accident of Mkik". The Seller shall likewise require his ancommoq if any, to provide fro such compeamian and insurance. Before any of tee Sell. de No ro ... employees shall do any work upon the premises of ethers, the Scller shall famish the Purchaser with a cartific to that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates thall specify the date when such compemation and insurance expires. The Sella agrees Nat such compensations and insurance shot[ M maintained until after Ne retire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, law or injury of any kind we nacre whomever b persons or propeary caused by or resulting fmm she execution of the weak provided far in this pmehase orda as in correction herewith. The Sella will indemnify said Mid handless the Purchaser and any or all of the Purelm rn, oficers, agents and employees firm and .gains, any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchmer may be put or subject by reason of any rat, action, neglect, omission or default on the Pad of the Sella, any of his contractors, or my of the Sellers or commands officers, agents a employees. To case my suit or other pmcerrimp shift be brought against the parebasn. or its officers, agents or employees at my time on account a by towns of any act, action, neglect, omission or defauh of the Seiler of my of his contractors or my of its or their officers, agents or employees to aforesaid, the Sella heeby agrees to assume the defense therm( and ra defend the same at the Sellers own expense, to pay my and all costs, charges, anomeys fees and other expands, any and all judgments; that may M incurred by or obtained appear the pardoner or any of in or then officers, agents or employees in such stets or other proceedings, and in ewe judgment or other lien M placed upon or obtained against the pmpedy ofthe Purchases, or said podia in or. n.1, of such suits or other proceedings, the Seller will at once cause the same to M dissolved and discharged by giving band in otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of mcideam, comply with it laws and rtgulafns with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and ell rules and regulafns issued pursues[ fheredo. Revised 0712014