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HomeMy WebLinkAbout525448 ASCENDANT STRATEGY MANAGEMENT GROUP - PURCHASE ORDER - 9147409PURCHASE ORDER PO Number Page Cityof///���►►► 9147409 ,oft ' `t Collins I„s This number must appear ` v ` 1 , on all invoices, packing sli s and labels. Date: 12/16/2014 Vendor: 525448 Ship To: PURCHASING DIVISION ASCENDANT STRATEGY MANAGEMENT GROUP CITY OF FORT COLLINS 75 ARLINGTON ST 5TH FLOOR 215 N MASON, 2ND FLOOR BOSTON MA 02116 FORT COLLINS CO 80524-4408 Delivery Date: 12/16/2014 Buyer: ED BONNETTE Note: PER INVOICE #1938 DATED 12/11/14 AND INVOICE #1941 DATED 12/15/14. CLEARPOINT ANNUAL SUBSCRIPTION(PRO-RATED TO 10 MONTHS). UPDATE BFO SCORECARD METRIC INFORMATION. ONSITE STRATEGY MAPPING SUPPORT. Line Description Quantity UOM Unit Price Extended Ordered Price Licenses for SuperUsers 1 LOT LS 17,848.06 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 M Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 hale Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and ]vital taxes Our Exemption Number is 98-04502. Federal Excise To. Exemption Certitican of Registry 84-6000587 is noilaed with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Swteres 1973, Chapter 39-26. 114 (a). Gonna Rejected. GOODS REJECTED due m failure to meet specification, either when shipped or due to defects of damage in mnsir, may be nemmM to you for credit mJ arc ma to be replaced except upon receipt of written instructions from the City of For Collins. Inspernion GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mull in authorized payment on the par of the City of For Collins However, it is to be understood fat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tamw Shipments must be F.O.B., City of Fort Collins, 700 Wood Si, Fart Collins, CO 80522, unless otherwise specified on his order. If permission is given to prepay freight said charge separately, the original freight bill must accompmy invoice. Additional charges for packing will rat be accepted. Shipment Distance. Where manufacturers have distributing palms in variom Pars of the court shipment is expected from the nearest distribution paint to dtination, and excess freight will be diurnal I Invoice when shipments am made from greater distance. Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all nppl iiable laws, regulations, ordinances and toles of he stme. municipally, territory or political mbdivi,i ad where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Pon Collins harmless fmm and against all liability and loss incurred by them by son of an asserted or established violation of any such laws, regulations, ordinances, cules reason requirements. Authorization. All Entries to this contract agree that the marsenatises art, in fact bow fide and possess full and complete authority to bind said penis. LIMITATION OF TERMS. This Purchase Order espressfy limits acceptance to the coma and conditions slated herein set Each and any supplementary or additional terms and conditions annexed hereto act incomomted Porous by utterance. Any additional or diffcren, to. and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchaers including, without limitation, acceptance of pso ial late deliveries, shall operate as a waiver affix provision. In the event ofmy delay, the Fireman shall have, in addition to other legal and equitable remedies, the option of placing this order daewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a rwuP of delays due to tames rat rwmmbly foreseeable which art beyond its reasonable control and without its fault c fnegligence, such acts of God, acts ofcivil or military authorities, govemmental pnodties, Gres, strikes, flood, epidemics, wars or riots provided fat notice or he conditions causing such delay is given to the Purchaser within five (5) drys of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Forced equal to the time acnally lost by reason of No delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, spccfications, samples and/or other descriptions given, will be fit for the purposes wten&al, and Performed with the highest degree of care and competence in accordance with accepted sandards for work of a similar nature. The Seller agrees to hold the purchaser hamless Gott any lass, damage or expense which the purchaser may sufferer incur on account of the Sellers breach of wamanty. The Seller shall replace, repair or make goad, wifoart msuo the purchase,, any defects a faults arising within one (1) year or within such longer period of time as may be presented by law s by the loons mf any applicable wamnry provided by the Seller after the date of acceptmce of the good famished hereunder (acceptance not to Is, commendably delayed), resulting from imperfect or defective work done or mmeriah fumished by the Seller Acceptance or use of goads by the Purchaser shall not omtione a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Femininely caused by the breach of my of the foregoing warranties or gumsntees, but such liability shall in no event include loss of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF CHINESE FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legat to. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temrs, other, than legal worm, including additions to or deletions 1'mm the qualmads originally ordered in the specifications or dmwmp, by verbal or wr non change order. If my such change anions the amount due .,.he rime ofperfonnmce hereunder, m equitable adjustment shalt be trade. 6. TERMINATIONS, The Purchaser may at any time by actions change order, tcmtimte this agreement as in my or all pordions of No good had sal shipped, subja, to any equitable adjuarant between the panics as m any work or materials then in progress provided fat the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted portion of the goods nntllor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such connotation shall relieve the Purchaser or the Seller of any ofthelr obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be owased within Nay (30) days fmm the rite the change or termination is trade <e. 8. COMPLIANCE WITH LAW. The Seller warrants No all goods sold heremda shall hone ban deduced, sold, delivered and finished in strict compliance with all applicable laws and regulations to which the goods are subject. no Sella shall execute and deliver such documents as may be required to effect of evidence compliance. All laws and regulations required to be compomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaer hornless from all cosu and damages suffered by the Purch ter as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, oanda, at convey this order, or my monies due or to become due hereunder without the pmor wiinm come., off, other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security imores, encummances and claims of odors. 11. NONWAIVER. Failure of the Purchaser to insist upon strict ratiocinative of the terms and conditions hereof, failure or delay to exciase any rights or remedies provided herein or by law, failure f promptly notify the Seller in the event of a breach, the conomiacceptance ofor payment fin rgoodshereuudmr approval ofthe design, shall par release the Seller hof e my of the warranties or obligations of Nis purchase order anJ shot not be Named a waiver of any right of the purchaserhipehtuPon stria accepted, inhimself any or mY of its rights errremediesto mYsuch goods. regardless of when shipped, or ruination or accepted, as to dart Prior a subsequent Purchaser default hereunder,wa nor shall any puttered and modifico,ian or tucission of this purchase order by the Purchaser operate u a waiver of my of the norms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumhaxr recognize that in tonal economic remove, ce, overcharges resulting froantitrust vialations are in fact bonTh e by the Purchaser. eretofore for goal cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Random to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Porehcoer directs the Seller to concern mmonfoming in def came good by is date m be, agreed upan by the Purchaser and the Sella, and the Seller derezRer indicates its inability or unwillingness m comply, the Purchaser nay coos, the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any no, fmm all liability and claims of airy noire resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pany mfeascal and aloof extend to the dvecom. omc. and employees of,.h patty. The Sellers contnclual obligations, including warranty, shall not be deemed to he rMrced, in my way, because such work is penfrrmW in to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is rtquiml to use any design, device, mtmal or process covered by lane, patent, tmdemnrk or copyright, the Seller shall indemnify and save him lux, the Purchaser from any and all claims for infringement by reason of the use of such Targeted design, device, material or praess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the Eradication or alter the completion of the work. In cox said equipment, or any put thereof or the intctded use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Sella shall, in its into expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, regime the same with substantially equal but nminGnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Sella shall became insolvent or loodud, make an assignment for the benefit of creditors, appoint a receiver or tmstee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The defnitims claim used or the inte prnmion ofthe agreement and the rights of all ponies hereunder shall be cons.ved miler and governed by Na laws ,fine State ofColoredo, USA. The following Additional Conditions apply only is cases where the Seller is to purl wont hereunder, including the services of Shcm Representations). on the promises ofotlers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work md/or materials before Solders final completion and accepame, complete the work at Sellers awn expense and to the satisfactian of the Purchaser. Whom materials and equipment an famished by others for installation or erection by the Sella, the Sella shall receive, unload, stare and handle same at the site and became rspomible therefor m though such materials coda equipment were being famished by the Seller coda the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including narrational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amber to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. but no limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lout 5300,000 for my one prom, 5500,IXI0 for my one accident and properly damage limit per accident of 5400,O0o. The Seller shall likewise rewirt his connectors, if my, to provide for such compensation am insurance. Before my of the Sailers or his connectors employees shall do any work upon the premises of otmrs, the Seller shall famish the Purchaser with a certificate Out such compensation am imamate have been provided. Such certificates shall specify the date what such compensation and insurance have been provided. Such ttnincates shall specify the date when such contention and insurance expires. The Seller ugrees fat such cooperation and iominte shall he maintamW until after the entire 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, lass or injury agony, kind or more whatsoever to person, or property caused by or resulting fmm the execution of the want provided for in this pmchme order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and amployees Room and again, my and all claims, locus, dtnages, charges of expenses, whether direr or itdiren, and whether to persons in property to which the Pmcbaaer may be put or subject by ceaxn of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or conmerors officers, agents or employees. In cue any suit err other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to comes, the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments Char may he mound by or obtained against the Purelmor or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other dim be placed upon or abai.ed against the property of the Purchaser, a said parties in or as a.11 of such suit or other proceedings, the Seller will at move anus, the same to he dissolved and discharged by giving hard or otherwise. The Sella and his contractors shall take all safety preczutions, Punish and lush all guards necessary far the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pormarm thereto. Revised 0712014