HomeMy WebLinkAbout511833 AQUITAS SOLUTIONS INC - PURCHASE ORDER - 9146955PO
PURCHASE ORDER 914695er Page
City, of46955 lofz
' `t Collins[ his number must appear
V " 1 1 on all invoices, packing
sli s and labels.
Date: 11/26/2014
Vendor: 511833
AQUITAS SOLUTIONS INC
300 COLONIAL CENTER PKWY SUITE 100
ROSWELL GA 30076
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Maximo Annual Subscription & 1 LOT LS 44,492.40
SupportRenewal 1 /1 /15-12/31 /15
7275 Computerized Maintenance Management System
Can we negotiate these costs? They are increased 7.5 to 12% over last year.
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 Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Centime, of Registry 84-6000587 is registered with the Collector of
Failure of the Purehaar b insist upon strict per(ormmtt of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or pa,m in for goods hereunder or approval of the design, shall not release the Seller of
GmtR Rejected GOODS REJECTED due to failure m meet spmificalions, either when shipped or due to deliver of
any of the warranties ar obligations of this purchase other and shall not be deemed a waiver of my right of the
damage in transit, may be numad m you for credit and are not to be replaced except upon receipt of written
purchusen to insist upon strict performance hereofor any of is rights or mndies as m my such goods, regardless
instructions f the City of Fon Collins.
of whim shipped, received or accepted, or to my prim or subsequent default hereunder, nor shall any purponcd
and modification or rescission of Nis p rrehz<e other by the Purchaser classic as a waiver of my of the tens
Impaction. GOODS are subject to the City of Fon Collins inspection on arrival,
favor.
Final Acceptance. Receipt of the merchandise, services or equipment in response TO this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized Raymond on the pan of else City of Fan Collins. However, it is to be understood that FINAL
Sella and the Farmhouses recognise that in actual economic practice, overcharges resulting fiOrn mtimet
ACCEPTANCE is dependenteo upon mpletion of all applicable acquired me,ectim procedures.
violation, are in fact theme by the Purchaser. TheMre ofo, fogood rouse snit as consideration fin executing this
purchase order, thr Sella hereby assign m the Purchaser any ad all claims it may mw have or handle,
Freight Teens. Shipments must he F.O.D., City of Port Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired main federal or sate mtureat laws for such Overcharges retailing to the partimlar, goods or sciences
otherwise specified on this order. If permission is given to prepay Enright and charge separately, the original freight
purchasd or acquired by the Pumhsser Pursuant to this purchase oiler.
bill most accompany inside, Additional <M1ames for packing will net he accented.
Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is
expected fmm din nwrat des iftsmioa point m destination, end excess freight will be ddumed Tom lovoice whim
sbipmenn are made from greamr distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulatiom, ordinances and rules of Ne state, municipality, mmtory or political subdivision where
the work is performed, or acquired by any other July constimed public authority having jurisdiction over the work
of vendor. Seller further ngrea to hold the 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, ordinances, poles
and rwulremena.
Atiffeneation. All panda to this contract agree that the representatives arc, in fact, bum fide and pastas full and
complete authority to bind said parties.
LIMITATION OF TERMS. '1Tis Porchuse Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplawriesry ar additional corms and conditions annexed hereto or incorpomed herein by
reference. Any additional or different mints and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complem shipment to a,rive on your
promised delivery date as noted. lime is of the essence. Delivery and performance most be awned within the time
stated on the purchase order and the documents attached hereto. No ace; of the Purchasers including, without
limitation, acceptance of partial atc deliveries , shall operate as a waiver of Nis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which am beyond its ensemble control and without its fault of negligeme,
such acts official, acts ofrivil or military authorities, gwemmrnal primbi,s, fins strikes, flood, epidemic, was or
nuts provided that notice of the conditions causing such delay is given in the Pafchassr within five (5) days of the
time when the Sella first received knowledge thrrmf. In the .'eat of my, such delay, the date of delivery shall he,
extended for the prowl quiff to the time actually lost by reason ofe delay.
3. WARRANTY.
The Sella warrants Unit all goods, articles, materiak mad work covered by this oiler will mnf with applicable
drawings, xpecificatiore, samples anNor other descriptios, given, will be fit for the purposes intended. and
pert d with the highest degree of can. and commence th recodance with accepted standard for work of is
onitar natum. The Seller agrees to held the purchases hvmless from my lass, damage Or expense which the
Purehaser may safferor incur on account of the Sellers breach of—ly, The Seller shall replan, repair or rnake
god, without cast to the purchaser, my defects in faults mixing within one (1) year in wlthn such longer peed of
time as maybe prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of the goods fumishd hereunder berrpanre not m W umeammbly delaying, resulting from imperfect
or defective work done or materials Famished] by the Sella. Acceptance or sae of goods by the Purchaser shall nor
com itione a waiver of my claim coda this wamanry. Except us othctvnse provided in this purchase oiler, the Sellers
liability Immunda shall extend to all damages proximately coursed by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofprofia 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 same, by written change odes
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal trims, inclusion additions to or deletions team
the quantities originally ordered in the specifccuums or drawings, by verbal or written change order. If any such
change nero lfes the ant doe , the time of performance havooda, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement us to my or all famous of the
goads then act shipped, subject to ony equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated prefix on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and Unit no such adjustment be made in
favor of the Seller with respect to my goods which art the Sellers standard stack. No such temrinabon shall relieve
Use Purehaer or the Sella of any oftheir obligation in to any goods delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustmem most be awned within thin, (30) days fin the date the change or mrmmmion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wanmts Nat all goods sold beteunder shall have been produced, sold, delivered and f 'shed in strict
compliance with all applicable laws and notations in which the goods am subject The Sella shall execute sM
deliva such doeurnmas m may be required to effect or ovides a compliance. All laws and regulations required or be
nci rpomtd in agreements of this character am hereby incorpomted herein by this reference. The Sella agrees to
indemnify and hold the purchaser harmless from all toss road damages suffered by the Purchaser at a taint of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign transfer, Or convey this ofda, or any monies due or or become due hereurAer without the
prior writu n cement of the other parry.
10. TITLE.
The Sella warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in sarmannaae of this agmemmt free and clear of any and all urns, ramomm,, reservations, security imaat
mcumbt coca and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Pachasa dints the Sella to coven nonconforming or defective goods by a date to be agmd upon by the
Purchases end the Seller, and the Sella thereon. indicates its inability or mwillingneas to comply, the Purchaser
may rouse the work to Ire performed by the most expeditious means available to it, and the Sella shall pay all
costs remained with such work.
The Sella shall release the Purchasn and its contractors of any tin from all liability and claims of any nature
resulting tom the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors officers and employers of such pray.
The Sella's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performd or virtual to be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is acquired to use any design, device, matenal or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fin infringement
by mason of the use of such patented design, device, material or process in connection with the cannot and
shall indemnify the Purchaser for any cost, expense or drinage 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 infringement and the use of
said equipment or Part 6 enjoined, the Sella shall, at its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or parts, replace rise same with intensionally equal but
.infringing equipment, or modify it se, it becomes noUinGnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignmrnl for the benefit of cradcors, appoint a
receiver or trance for my of the Sellers property or business, this order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNBJG LAW.
The definitions of,. asd or the imerpramion ofe agteemmt and the rights of all panic hereunder shall be
coe tpod under and govemad by the laws of the State nfCalondq USA.
The following Additional COndatima apply only M cases where the Sella is to perfomt work hereunder,
including the services of Sellers Rameramtisals), an the premises ofoffm.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellee. own ask.61 the same is fully completd and incepted, and shall,
in case of my accident, destruction or injury to the work Unfair modals before Sellers final completion and
acceptance, complete the work at Sidlels own expense and m rfe satisfaction of the Purchaser. When materials
and equipment an f isbd by others for installation or erection by the Sella, the Sella shall receive, unload,
some and handle same at the site and become responsible therefor as though such nslenals and/or equipment
were being fumuhd by the Sella under the order.
IS. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on of in connection with the work covered by this Purchase oN.,
and/or to their dependents in accordance with the laws oflhe state in which the work is robe done The Seller
shall also carry, comprehensive geneml liability including, but not limited to, contractual and automobile public
liability immunce with bodily injury and death limits of at ]act 5300,000 for any one person, $500,000 for any
are
limit
accident and property damage per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his cammnors
employees shall do any work upon the premises of others, the Seller shall fiunish the Purchaser with a cenifii,ma
that such compensation and insurance have been provided. Such anifcams shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller at that such compensation and economic shall be, maintained in ale, the
an. work is completed and Unsaved.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the smite ruponabiliry and liability, for any and all darn.,¢, loss of In, of., kind
car nature wheresoeverattyuse to pinas or propercad by or resulting from me execution of rise work provided for in
this
is purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchase and my
call of the Purchasers officers, agents and employees fmm Outagainst my and all claims, lasses, damages,
harges. expenses, whether direct or indirect, and whether to persam or property to which the Purchase, may
be put or subject by reason of my an, ration, neglect, omission or default on the pan of the Seller, my of his
contractors, Or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at my rime no account or
by reason of my set, action, neglect, omission or defoWt of the Sena of my of this contractors or my of its Or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend else same at the Sellers own expense, m pay my road all cons, changes, Ennui fees and other expenses,
my and all judgments Nat may be irmund by or obtained against the Purchase, or my of is or their offcess.
agents are employees in such suits or other proceedings, and in arse judgment or other liar be placed upon or
obtained againat the property ofhe Purchaser, or said parties in or as a result of inch scum or other prccediags,
the Sella will at once cause die name to he dissolvd and dischargd by giving bond o ad.,.. The Sella and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and ,rgulatims with regal to aafery including, but without limimdon, the
Occupational Safety and Health An of 1970 and all roles aW aeguladom bound pursuant Hereto.
Revised O7nOl4