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HomeMy WebLinkAbout382919 COMPRISE TECHNOLOGIES INC - PURCHASE ORDER - 9147037PO PURCHASE ORDER 914703er Page City, of PURCHASE 7037 1012 Flirt CollinsI[ his number must appear /�yk. V�, V ` , 1�7 on all invoices, packing sli s and labels. Date: 12/01/2014 Vendor: 382919 COMPRISE TECHNOLOGIES INC 1041 ROUTE 36 WEST NAVESINK NJ 07752-0425 Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 12/01/2014 Buyer: ED BONNETTE Note: PER INVOICE #1411-3815 DATED 11/19/2014. Line Description Quantity UOM Unit Price Extended Ordered Price Annual Renewalinv# 1411-3815 1 LOT LS 4,102.00 SAM Annual software license 2 Annual Renewal inv# 1411-3815 1 LOT LS 961.00 Netsweeper Internet filter 6mo JI P,4n di 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 Terrns and Conditions Page 2 of 2 1. CO,WdERCIALDETAILS. Tax exemptions. By somm the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificam of Registry 84-6000587 is ¢giammul with the Collator of Failure of the Purchaser to insist upon Wood performance of the terms and conditions hereof failure or delay to Internal Revenue, Dover, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (a), exercise any rights or remdies provided hascin or by law, failure to promptly notify the Seller in be event of a branch, be acceptance ofar payment for goods hereunder or approval ofhe design, Shull Out release $e Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warrmlies or obligations of this purchase We, and shall not be domed a waiver of any night of be damage in transit, may be rammed 10 you for credit and are not to be replaced except upon receipt of written purchaser to insist upon elect performance hereofor any of its rights or remedies as to any such goads, agardlew inanofions from be City affirm Collins. of when shipped, received in accepted, as to any prior or subsequent default hereunder, her shall any purported oral modification Or rescission of this purchase other by the PurcM1ascr operate as a waiver of any of the terms Inspection. GOODS are subject to $e City of Fiat Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, ureces or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. Suthoniad payment on the pan of the City of Tom Collins. However, it is to b, undersbod that FINAL Seller and the Purchaser remagniu but in acn rl aomrdc practice, ovechim na resulting from mtimm ACCEPTANCE is denaturant upon comply iw of all applicable raryired Lnspation procedures. violatio a are in fact home by be purchaser. Theretofore, for good nose and as consideration far assuming this purchase order, the Seller hereby assigns to be purchaser any and all claims it may now base or hamster Freight Tents. Shipments most be ROD ., City of Fort Collins, 700 Wood St, TOO Collins, CO 80522, unless acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services mherwiu specified on this order. If permission is given to prepay freight and charge srymately, be original freight purchased or acquired by be Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will tat be acaptcd - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment pointsintriouspats of the country, shipment is s deilityve goods bya dategress to beagreed bythe IfthPurchaser Per nearer doom prim to distinction, and excess freight will he deducmd from Invoice when ..bee.Wheremanufacturcrs todistsobuni, and expected from ply,beupon and teecto ilerhe ,adtherblerrectnonmindicasitng comply, the Purthaa Indicacns its inability or ufifl. to Purchuer and the Seller, and the Sellerthereafterbe a realer shipments ere made Gam greater dktamx. it, it may mutt vvuk b eb performed by be most madilious meat available to it, and be Seller shall pay all cosy aswnatul with such work. m Permits. Seller dull pracum at sellers sole cost all try permits, certificates and Iicenus requird all w the sole, municipality, mmmry political subdivision where applicable spun, regulations, ordinances and rules c n The Seller shall release Purchaser and its contractors ofany tier, frcm all liability and claims of any nature other duly constifteJ public authority having jurisdiction over the work the work kperformed,rr required l n m resulting from be performmceafsuch work. hang of vmdar. Seller further b hold the City of Fon from and egainst all liability and loss odium of any S nd rted by them by reason of m azsmed or established violaion of any such laws, regulations, ordinances, rules . of c This release shall apply cam in be went of fault of negligence of the party rtleasd and shall extend to the and requirements. directors, ofEcers and employees ofsuch any. Antiabortion. AIL ponies to this contract agree but be represenutives are, in facr, bore fide and possess fall aril The Sellers contractual obligations, including wvranty, shall cat be darnel to he reduced, in any way, became complee aubority to bind said parties. Such work is perf ed m rnusil to b, perfumed by Oe Purchaser. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the it. and conditions, stated herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by Seller arc objected to and hereby rejectcl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete Mu,nanuo arrive on your promised delivery date as noted Time is of be essence. Delivery and Performance must he effected within the time stated on be purchase order and be documents touched hereto. No acts of Oe Purchases; including, without intention, acceptance of partial late deliveries, shall operate as a waiver Milos provision. In be event Many delay, the Purchaser shall have, in addition to other legal and o f iable remedies, the option of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller stall not be liable for damages as a rotor of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or milibry authorities, governmental priorities,! s, Studies, Rood, epidemics, was, in one, provided bra notice f,he conditions ceasing such delay is given to he Purchaser within five (5) days Mine time when the Seller find received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for be period equal to be time =Why last by reason othe delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will confinum with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes mended, and performed with the highest degree of core and competence in accordance with recap] standard far work of a similar come. The Seller agrees to hold be prediction harmless from any loss, damage or expeme which ds Purchaser may suHa or incur on account of the Salinas breach of warranty. The Seller shall replace, repair or make goad, trillion, cost to the purchaser, any defers or faults arising within one (1) year or within such longer period of time as may he prescum ul by law or by the mms of any applicable warznry provided by the Seller after the dam of accepance of be gods fumishd hmmandu (accepance Out to aw rably delayed), retailing from imperf t or defective work done or materials famished by be Seller. Acceptance or use of goods by be Purchaser shall not constitute a waiver ofany claim under this waranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by be breach ofany of the foregoing werramies or gumanswa, but such liability shall in no act. include loss of profits or lass 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 menu by vennen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mmrs, ober than legal terms, including additions m Or del, ions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount dueorbetime Mprfmmmce hereunder,mequitablecil amentshallbemvde- 6. TERMINATIONS. The Purchaser may or any time by written change order, renominate this agreement as to any or .11'onians a the goods ben not shipped, subject o any equitable adjusment between be panias as to any work or materials ben in progress provided but be Purchaser shall not W liable for any claims for mcicipaed pathos m the uncompleted potion of the goods mNor work, for incidental or consequential dvnages, oral Out no such adjustment be made in favor of the Seller with respect to any goods which art be Sellers standard stock No such lamination shall relieve the Purchaser or the Seller ofany of their obligations in to any gook delivered hereunder. f. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within dirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Out all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and rcgulamions to which the goods art subject. The Seller shall execute and deliver such documents as maybe required to elTect or evidence compliance. All laws and regulations required to be incorporated in agsemens of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser hornless from all costs mad damages sufferd by the Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, transfer, or convey Ors order or any nronier due or to become due hereunder without be prior written consent of the other party. I U. TITLE. The Sellrr wamns fall, clew and unrestricted till, to the Purchaser for all equipment, mamriab, anal items famished in performance of this agreement, free and clear of any and all limn, resections, msmations, security iamresl mcumbramw and claims of others. 14. PATENTS. Whenever the Seller is required to are any design, device, material or process covered by loner, patent, trademark or copyright. be Sailer shall indemnify " Save harmlacs be purchases from any and all claims for infringement by mason of be use of such pmmted design, device, mmerial or process in connection with be contract, and shall indemnify the Punctuator 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 pan thereof or he wteMcd use of be goods, is in such suit held So wustimre infringmean and the are of Said equipment or pm is mjoind, be Seller shall, at its a. expose and at its option, either procure far the Purchaser the right on continue using said equipment or pans, replace be same with substantially equal but noninonging equipment, or modify it sec it becomes noninGnging. 15. INSOLVENCY. If be Seller shall become insolvent or thandampt, make m assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser witlwul liability. 16. GOVERNING LAW. The definitions of coma used or the ineemramion of the agreement and the rights ofall parties hereunder shall he construed it,, and governed by the laws of the Suite of Colorado, USA. The fallowing Additional Conditions apply only in causes where the Seller is to perform work hereunder, including be services MSellers R.presentative(S), oa b<pmmises ofathers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be sane is Silly completed and accepted and shall, in u of any accident desuuction or injury to be work anNm materials before Seller's final completion and acceptance, complete the work at Sellers own expense end to he Satisfaction of the Purchaser. When momals and equipment ore fumishd by others for insmllalian or erection by the Seller, be Seller shall receive, unload, some and Made same M be vie and become responsible therefor as though such mamnab and/or equipment were being fumishd by the S,Ller umet be ceder. I S INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on Or in connection with the work coverd by this purehow order, andim to their dependants in accordance with be laws of be state in which the work is to be done. The Seller shall aft carry comprehemive general liability including, but not limited to, contractual and automobile public habil Ily insurance wilt tidily injury and death limits of at least 5300,000 for any one pemon, $500,000 for any one accident and property damage limit per accident of S4o0,000. The Seller shall likewise require his camracmrs, if any, to provide for such compensation amd iauumnce. Before any of the Sell. or his cocc racmrs employees shall do any work upon be Premises of others, the Seller shall boorish the Purchaser with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such ompnsation and insurance have been provided. Such certificates shall specify ttie'Aa. wbm such compertSaeon and insurance expires. The Seller agrees Out such compensation and committee shall be maintained unfit after be entire work is completed and occupied. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Sella hereby msumw be entire responsibility and liability for any and all damage, lows or injury ofany kind or rwoom whatsoever to persons or pmpety consul by or restating from the execution ofthe work provided for in this purchase order arm cotucclion herewith. The Seller will indemnify end bold hamOass be Pachaver and any r all of the Purchasers officers, agents and employees from end against any and all claims, lows, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may ba put or subject by tramp ofany act, action, neglect, omission or default on the pat of be Seller, any of h¢ contractors, or any of the Sellers or contractors onicars, agents or employers. In came any suit or other proceedings shall be brought against the Fumhaneq or its officers, agents of employees at any time an ...at or by rcasan of any act, action, neglect, omission or default of the Seller of any of his contractors or any of ion or than officers, agents or employees as aforesaid, be Seller hereby agrees to aauma the &ft. beam( and to defect the same at be Sellers a. expeme, to pay any and cal exams. charges, anomays fees and ober mpmossex, any and all judgments that may be mounted by in obuiad against be Purcsasa or any of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other lien be placed upon or obt inul against the pespeny of de pumhuaser, or Said parties in or as a result of such suits or other procue ings, be Seller will at rue cause the same to be dissolvd and diuheagd by giving bond or otherwise. The Sella and his contractors Shull ask, all oft, preaautons, broads and Instill all guards nacssary far be prematim of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issuul pursuant berem. Revised 072014