Loading...
HomeMy WebLinkAbout307089 AZTECA SYSTEMS - PURCHASE ORDER - 9147122Fort Collins Date: 12/04/2014 Vendor: 307089 AZTECA SYSTEMS 11075 S STATE SUITE 24 SANDY UT 84070 Delivery Date: 12/04/2014 Note: PURCHASE ORDER PO Number Page 9147122 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 PAUL,GERRY Line Description Quantity UOM Unit Price Extended Ordered Price 1 Cityworks Annual Software 1 LOT LS 16,239.60 Maintenance Agreement Traffic Operations Share 2 Streets/SMP Share 3 Engineering Share 4 Natural Areas 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 18,703.40 1 LOT LS 8,625.00 1 LOT EA 907.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins of PURCHASE ORDER PO Number Page 9147122 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s Traffic 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 EA Total Pay terms net 30 days Invoice Address: 300.00 775.00 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 Too Collins is exempt from toward local loxes. Do, Exemption Number is 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue. Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 3936, 114 (a). Goods Rejected. GOODS REJECTED due to but. to meet specifratimes, either when shipped or due to defrcts of damage in transit, may be rumored to you fen credit and are not to be replaced except upon meipt of written instructions Item the City of Tom Collins. Inspection. GOODS am subject to the City of Fan Collins inspection on wrool. Final Acceptance, Receipt of the merchandise, scrowes or equipment in response to this order can result in authorized p daral an the pan of the City of rod Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all appliwble required inspection pro edum. Freight Tam¢. Shipments must but F.O.B., Cit, Of Tom Collins, 700 Wood Sc, Tom Collins, CO 80522. unless otherwise specified on this order. Upermission is given to prepay freight and charge sepamely, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in somas pans of the country, shipment is expected from the ma rest distribution paint m destination, and excess freight will be deducted from hospice when shipments are made boom greater distance. Permits. Seller shall procure at sellers sole cast all necessary pens its, certificates and licenses required by all applicable laws, regulations, mature. and tales of the some, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins hurdles, farm vad against all liability and loss incurred by them by reason an m of asserted established violation of any such law., regulations, ordinances, miles rrqulremants. Authorvaian. All parties to this contract agree tut to representatives are, in fact, bow fide and possess full and complete sodium, to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits aceeptancr to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arise on your promised delivery dare as noted. Time is of the eveme. Delivery and Performance most be effected within the time stated an the purchase order and the docarnents attached hereto. No act of the Perchance. including, without limitation, acceptance of partial lam deliveries shall operate a a waiver of this prevision In the event of any delay, the Purchase, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages Iloweve, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable radial and without its fault of negligence, such acts of God, now of civil or military authorities, governmental priorities, tires, strikes, flood, epidemics, wars or dots provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when the Seller four received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for to pond equal to the time actually lam by wawa of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be it, far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar done. The Sella agrees to hold the pa m., harmless from any had, damage or rxpemr which the Purchaser may suffer or incur oa account i f the Sellers breach of uo rtnty. The Seller shall held., repair or make good without over to the pmchaver, any del ts or faults easing within one (1) year in within such longer period of time as may be procnbd by law m by the term of any applicable warranty provided by the Seller able the date of acceptance of the gods fumichd hereunder (acceptance not be cmeamwbly delayed), warning from Imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver rf any claim made, this warranty. Except as Otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but wen liability shall in no event include loss ofprofim or loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tends by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the to., other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or dmwings, by verbal or waned change Order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall b, made. 6. TERMINATIONS. The Purchaser may at any time by women change oNer mmirae this agreement as to any or all portions of the goods then rim shipped, subject to any equitable adjustment between the Parties an to any work or materials then in progress provided that the Purchaser shall not 6e liable for any claims for anticipated prof is an the ancompwond portion of the goods anchor work, for incidental or consequential damages, and that nu such adjustment be made in favor of the Seller with answer to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofory afthei, obligations as to any goal delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjamment most be assured within money (30) days main the &to the change m termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmdaced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents ss maybe required to idwel or evidence compliance. All laws teal regulations required to m nem,awd in agreements of this character are hereby incorporated herein by this re2renee. The Seller agree b indemnify, and hold the Purchaser hatless from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the poor would consent offs, other pony. 10. TITLE. The Seller warrants full, clear and commend dale in the Purchaser for all quiphrrerrt materials, and items f rmishd in performance of this agreement, fall lieu, frand clear of any and all restrictions, measurements, security interest encumbrances and claims niched. I L NON WAIVER. Failure after Purchaser to insist upon strict perf rmani of the terms and conditions hereof, failure or delay to exembe any rights or remedies provided heave or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor Payment for goads hereunder at approval of the design, shall act release the Seller of any of the woman. or obli,,i. of this purchase oNer and shall na, be dermal it waiver of any right of the purchaser to insist upon strict performance hereefm any of its rights or remedies as to any such goal, regardless of when shipped, noticed or accepted as to any poor or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the hems hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economicm practice, overcharges resulting froantitrust violations are in fact home by the Purchaser. Therewf erefor good rouse and as consideration for exerting this purchase oNer. the Seller hereby assigns to the Purchaser any and all claims it mry crow have or hereafter acquired a der fedcml or stem antitrust laws for such overchaBes rearing to the particular gulls or services purchased or acquired by the Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date or to agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may radial the work in be Performed by the most expeditious cards available to it, and the Seller shall pay all case acweimed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfammwce of such work. This release shall apply even in the event of fault of atriums, of the party released and shall extend to the dimcton. officers and employees ofsueh party. The Sellers contractual obligations, including .1y, shall not be deemed to be refund in any way, because such work is performed or caused to be performed by the Pmchvser. 14. PATENTS. Whenever the Seller is,eqnired to use any design, device, material or process covered by letter, potent, ttdanark Or copyright, the Seller shall indemnify and save hanaless the Purchaser room any and all claims for infringement by reaon or the use of such patented design, device, material or process in connection with the counter, and shall indemnify the Purchaser for any cast, expense or damage which it maybe obliged to Pay by reason of such infngement at any time during the prosecution or amid the completion of the work. In case said equipment, m any pan thereof err the intended use of the goods, is in such soh held m constitute infringement rod the use of said equipment or pan is unaided, the Seller shall, at its own expense and at its option, ether priced, for the Purchaser the fight to continue using said equipment or Was, replace the same with substantially equal but naninfnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or NoNmpr, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions dterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in carser where the Seller is to perform work herewde , including the services of Sellers Represenutivc(s), on the pmnises ofoffim. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllds awn risk until the same is folly compiled and accepted, and shall, au of any accident, destmction or injury to the work ancha, nationals before Sellers final completion and acceptance, complete the work at Seller's mon expense and to the satisfaction of the Purchaser. When materials and equipment are lbmished by others for installation or erection by the Seller, the Seller shall receive, unload, sore and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expemr, provide for the payment of workers compensation, including occuptiowl disease benefits, to its employres employed on or in connection with the work covered by this purchase order, anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, commonal and automobile public liability insurance with bodily injury, and death limits of at least $300.000 for any one person, S500,000 for any accident and property image limit per accident of 5400,000. The Seller shall likewise require his customers, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ambers, the Seller shall famish the Purchaser with a mr-ifcate that such complicated and insurance have been provided. Such con Gana shall specify the date when such compensation and insurance have been provided. Such cenificztes shall specify the date when such compensation .ad insurance expires. The Seller agrees that such compensation and insurance shall be maintained until rater the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice responsibility and liability for any anal all damage, was or injury ofany kind or uatum whatsoever to Panama or pmpddy roused by or resulting Item the execution ofthe work provided for in this purchase order or m connection berewith. The Seller will indemnify and hold heanless the purchaser and any r all of the Purchasers officers, agents and employees hand and against any and all claims, losses, daages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or sabjeet by reason of any am, arm ins. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In caus any sum o, other proceedings shall be brought against the Purchaser, or its officers, agents or employees st any time on second or by teawn of any act ..firm, neglect omission or default of the Seller of any of his contractors or any of its or Nair reforms, agent as employees as aforesaid, the Seller herby agrees Or assume be defense thereof ud to defend the same at the Sellers own npeme, to pay any ad all it, charges, mtomeys f and other expemws. any and all judgments that may he invested by or obtained agai. the Purchaser to any of its rr their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he property ofthe Purchaser, or said panics in or as a result i f such suits or cafe, proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band o, otherwise. The Seller and his contractors shall take all safety proomber s, famish and install all guards necessary for the prevention 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 males and regulations Toad pursuant dwe o. Revised (Hn014