Loading...
HomeMy WebLinkAbout425774 ESRI INC - PURCHASE ORDER - 9150014Fort Collins Date: 01/02/2015 Vendor: 425774 ESRI INC ONE INTERNATIONAL CT BROOMFIELD CO 80021-3200 PURCHASE ORDER PO Number Page 9150014 1012 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price ESRI LICENSE AGREEMENT 1 LOT LS 118,000.00 1 YEAR-QUOTE#20461935 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 9841g502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mgiumm, with do Collector of 11. NONWAIVER. Failure of be Purchaser to insist upon alder performance of the terms aM conditions hereof, failure or delay to bnemal Revenue, Denver, Colorado (Ref. Colomdo Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly modify the Seller in the avant of is breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall ant release the Seller of Gaol Rryared. GOODS RMECTED due m failure m meet specifications, either when shipped or due ro defecss of any Of tha warranties or obligation of this purchase older and shall anal be deemed a waiver of any right of the damage in much, may be rammed to yen for credit and are not to be replaced except upon receipt of wrinen parcbasser to insist upon strict perforame haeofm my of its rights or remedies as to any such goods, regardless indrommers from the City of Fort Calif.. of when shipped, mucam d or mcepted, ns to my prior or orbuqumt default hereunder, err shall my puryortcd oral modification or rescission of this purchase Omer by the Purchaser mixture a a waiver of any of the teens Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchmbic, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of the City or For Collins. However, it is to be understood But FINAL Seller and the purchaser recognize but in actual ocnomcc practice, overcharges molting fmm antitrust ACCEPTANCE is dependent upon compleion of all applicable recryi� inspection procedures. violations ace in fact home by the Purchaser. Therawf rce, for good rouse and as considemdan fen exemting this purchase under, the Seller barley assigns to the Pomoner my and all claims it may now have or ben,afer Freight Terms. Shipments mail be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, mien aquimd under federal or same without lama for such overcharges relating to the particular goods or services othenwise specified on this order If permission ex giver w prepay freight and charge separately, the original freight purchased or acquired by btu Purchaser pursuant In this purchase order. bill must mcomeanv invoice. Additional chanes for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various Pars Of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from granter dUtance. Pmodts. Seller shall poison, an sellers sole rest all oeceuary permits, cerofieates and Iiamaa mammal by all applicable laws, regulations, common and cola of the smte, municipality, territory or political subdivision where the work is performed, or r quirN by any other duly constituted public authority bavingjudadiction over be work Of vendor. Seller further agrees to hold the City of Fort Collins ham lvas from and against all liability and loss endtarred by them by reason of an asert sed or established violation of any such laws, regulations, Ordinances, rules regmtememi. Authonswon. All parties to this contract agree that the representatives are, Or fact. Item fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance of the R. and cmNitiars stated herein set Rath and my supplementary or additional ems anal conditions annexed harem in interpersonal herein by reference. Any additional Or different temps and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted Time is of the essence. Delivery and penfican a most be effected within the time stated on the purchase offer and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptantt pleaded lam deliverie, shall operate as a waiver of Nis provision. In the event of any delay, the purchaser shall bout, in addition bother legal and egtim ble remedies, the option of placing this mda elsewMre and holding the Seller liable for damages. Howwes, the Seller shall not be, liable for damages as is Result of &days due to causes not reasonably foreseeable which are beyond its reasomble refund and without its fault of negligence, such acts of God, acts ofeivil Or military authodties, governmental priorities, fires, sandon, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In be event of my such delay, the date of delivery shall be extended for the paned equal an the time mmally lost by teeran ofthe delay. 3. WARRANTY. The Seller warrens Nat all goods, articles, materials and work coveted by this offer will confiner with mplicable drawings, spairiedions, wmples fusion other descriptions given, will M fit for the OURoses intended, and performed with the highest degree Of care and competence in accordance with accepted smnda is for work of is similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage Or expense, which the Purchaser may suffer or incur an account of the Sellers breach of womanly. The Seller shall foliate, repair or make good, witlwut cost to the purchaser, my defects or faults adding within one (1) year or within such longer period of Won as may be pmcdbed by law or by rite terms of any applicable warranty pmvided by the Seller after bte date of acceptance of be guests fumUhed hereunder (avoidance not to he continuously delaytalk resulting fmm imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser dull Out consulate a waiver of any claim order this warranty. Except as otherwise provided in this purchase Omer, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wafmntim or guarantees, but such liability shall in no event include loss of profits or loss of We. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes a legal terms by wrium change owes. 5. CHANGES IN COMMERCIAL TERMS. The Pumhma may make any changes to the rem¢, other than legal items, including additions to or deletions fmm the qumrides originally ordered in the specifications or drawings, by verbal or wduen change offer. If any such change affects the amount der or the time ofperformmce hereunder an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriner change coda, terminate this agreement as to any or all portions of the goods then not shipped, subject m my scrabble adjustment between the patio an to any weak or materials bon in progress provided that the Purchaser shall not be liable for any claims for anlicPmed profs an the—ifismed portion of the goods and/or wort for irwidental or emaaluemal damages, nand that ran such all toor an be made in favor of the Seller with respect to my goods which me the Sellers standard stock. No such manisonsom shall relieve the Purchaser or the Seller crony of their obligations an to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for Mjustmmi most be asserted within thirty (30) days from the date the change or termination is ondened. 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable Uwe and regulations to which the goods are subject The Sella shall execute and deliver such documents as may be raquired to elteat or evidence compliance. All laws and ou,samimus required to be incorporated in agreements of this character ere hereby iocorpamted herein by this reference. The Seller agrees to indemnify and Mid the Purchases harmless from all was and damages offered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither panty shall assign, member, or convey this order, or my monies due or to become due havanda without the prior wane, consent of be other party. 10. TITLE. The Sella camera full, clear and unrestricted tide m the Purchaer for all equipment, materims, and items famished in parnmh a of this appointment, free and clear of any and all lien, restrictions, reservations, security, interest encumbrances erd claims .(others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pwchuser directs the Seller to correct nonconforming Or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may case, the ..,it m be performed by the most expeditious meets available so it, and the Seller shall Pay ell rests associated with such work. The Seller shall release the Pouchaes and is mutraaors Of my tier fium all liability and claims of my nature resulting from the perhmtance ofmch work. This release shall apply even is the event of fault Of negligence of the party released and shall extend to the directors, aMet. and employees of such party. The Sellaes continental Obligatimna, including warranty, shall rot be deemed to be reduced. in my any, because such work is performed or caused to he pert eel by the Purchaser. IC PATENTS. Whenwer the Seller is namool to use any design, device, material or process covered by letter, patent, mudernark r copyright, the Seller shall indemnify and save honmlew the Purchaser fmm any and all claims for infn'ngemem by reason of the use of such patented design, device, material or process in connection with the comma. and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equ,p.t, or any part thereof or the intended tau of the goods, is in such suit held to consbmm infringement out the use Of said aNipmmr or par is m,o ,the Seller shall, an its own expense and al its option either pmave for the Purchaser the right to continue using said temporal or parts, replace the same with substmdally equal but noninGrngdng equipment, or modify it so it becomes noninfniging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Seller property or basiness, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn used Or the imeryremtion fifth, agreernent and the rights ofell parties hereunder shall b, ..it order and gevemed by the laws Orrin, State ufColaade, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprea n ative(sh on the promises of others. 17. SELLERS RESPONSIBILITY. The Sella shall cart, an said work at Sellers main risk until the same is fully completed aM accepted, and shall, in cue of any accidmL destrmtiw or injury to the work adlm mau mb, before Sellers final completion anal acceptance, complete the work an Sellers own expean and to the samsfnehan of the Purchaser. When materials and apartment am famished by others far installation or erection by the Sella, the Seller shall receive, unload store 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 under. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wooden, mmpusam., wcludwg occupational disease bests, m its employees employed on or in comeaion with the work covered by Nis purchase under, and/or to their dcpendens Or accordance with the laws of the mute in which Be work is to be done. The Sella shall also curry con, nabensive general liability including, bur not limited se, commemal anal amomobile public liability insurance with bodily injury and death limits of at least $300,000 for my one person, SSW M fen my accident end property damage limit per accident of $400.000. The Seller shall likewise regain, his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his ambitious employees shall do any work upon she premises of others, the Seiler shall OnmUh the Purehaer with is cerifcato slot such compensation and insurance have hem provided. Such certificates shall specify the date when such com,mastatim sod insurance have been provided. Such cenifhcates shall specify the date when such compensation and insurance expires. The Sella agrees that such coinpensaian and haocance shall be snaUuived until after the maim work is completed afal mceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofary kind or natme whosoever of persons or property caused by or resulting fmm the execution ofthe work provided for in this Inatome order or in connection herewith. The Sella will indemnify and hold harmless the Eurehases and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, lose, damages. charges or expenses, whether direct or indicect, and whether to persons or property to which the Purchaser may be or in subject by mamn of my set, maim, neglect, omission ar default an the pm of be Seller, any of his contractors, on my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its cafe., agents or employees at any time on account or by reason of any ant, moon, neglect, Omission or default of the Seller of my of his contractors or my of its or their oRcens, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to deferral the ware at be Seller own expense, m pay any ad all cents, charges, attorneys fees and Other .,.a, my and all judgments that may M incurred by or ObUwed against the Purchaser or my of is of their officers, agents or employees in such suits or other ps«xedings, and in case judgment nr other lam M Placed upon or ubUmed against the property ofthe Purchases, or said panic in or as a resort of such stain Or safer proceedings, the Sella will at mace cause the same b be dissolved and discharged by giving hand or otherwise. The Sella and his commem. shall take all safety precautions, famish and install all guards to eam, for the prevention or accidents, comply with all laws and regulations with regard to solely including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles real regulations issued pursuml thereto. Revised 01f2014