HomeMy WebLinkAbout307089 AZTECA SYSTEMS - PURCHASE ORDER - 3215000PO
PURCHASE ORDER 321500er Page
City. of PURCHASE
3215000 1 of z
' `t( OI lI „s This number must appear
V ` 1 1 on all invoices, packing
sli s and labels.
Date: 01/02/2015
Vendor: 307089
Ship To:
TRAFFIC OPERATIONS
AZTECA SYSTEMS
CITY OF FORT COLLINS
11075 S STATE SUITE 24
626 LINDEN STREET
SANDY UT 84070
FORT COLLINS CO 80524
Delivery Date: 01/02/2015
Buyer:
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Additional Software Support
1 LOT
LS
5,000.00
Annual
I
Total
$5,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Calkers is exempt fmm state and local Marc. Our Exemption Number is
I I. NONWAIVER.
98-0a502. Federal Excise Tax Exemption Cerincate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, H4 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of
breach, the acceptance i for payment for goods hereunto or approval of the design, shall not release the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tami, may M returned in you for credit and ere not to be replaced except upon receipt of written
purchaser to insist man strict performance hmavf or any of its rights or mmdies as to my such goods, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, as m any prior of subsequent default hereunto, nor shall any purported
Oral modification or raclYlon of this purchase color by the purchaser some ss a waiver of my of the terns
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, smices or equipment in saponse to this area can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorissd paMant on the prat of the City of Fort Collins. However, it is to be understood that FINAL
Sella and the Purchaser rzognize that in ac and economic practice, overcharges resulting fmm minas,
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations art in fact borne by the Purchaser. Theremfore, fat good cause and as camideation for exe mating this
pumhau order, the Seller hereby assigns m the Purchaser any end all claims it may now have or herenfe,
Freight Terms. Shipments must M F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overshorges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pamhssa pursuant to this purchase order.
bill must accompany invoice. AdJid... I charges for packing will not be accepted.
Shipment Distance. Where manufacturers have d¢obuting points in various pans of the country, shipment is
cxpectd from she nearest distribution On to destitution, and excess freight will M dammed from Invoice when
shipments arc made from greater disame.
Pmnits. Seller shall procure to sellers sole to all necessary permits, certificates and liceses required by all
applicable laws, regulations, ordinances and rates of the same, municipality, temtory or political subdivision where
the work is performed, or required by any other duly comtimmd public authority havingjurisdinion over the work
of vendor. Seller fuller agrees to hold the City of Too Collins harmless form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
and requiremmu.
Authorization All parties to this contract agree that the momanmlives me, in fat, bona fide and possess Poll and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the must and conditions stared
herein set fall and any supplementary art additional toms and condtlaws annexed hereto or incorporated herein by
reference. Any additional or diffrmr terms and conditions proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be eRbemd within the time
suited on the purchase order and the documents attached scrota. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall Wemm ss a waiver of this 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 Seller shall not M liable for damages as a result of delays
due to caums not wasorubly foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of Gad, aces ofcivil or military authorities, governmental priorities, fares, strikes, Rood, epidemics, wars or
riots pounded that notice of the conditions causing such delay is given to the Purcbmer within rive (5) days of the
time what the Seller first received knowledge thereof In the event of my such delay, me date of delivery shall M
extended for the period eqml to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, Orioles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andror other descriptions given, will M fit for the purposes intended, and
performed win the highest degree of care and competence in accordance with accepted slmdade for work of a
similar mime. The Seller agrees to hold the purchaser hammleu from any lass, damage or expense which the
Purchaser may suffer or incur on account vi the Sellers breach of wmmnry. The Seller shall replace, repairm make
good, without cast to the purth mor. my defects or fainus arising within one (1) year m within such longer peril of
time ss may be prescribed by law or by the hems of my eppliest wasrmly pmvidd by the Seller after the date of
acceptance of the goods fumhhd harms der (acceptance tut to M mueasonably delayed), resulting form imperfat
or defective work done or materials furnished by the Seller. Acceptance muse of goods by the Purchaser shall not
constitute a waiver of any claim under this Ounwit . Except as otherwise provided in this purchase order, the Sellers
liability heremda shall extent to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of pro fit, or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puchaser may make changes to legal terms by wdnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any ribi 1. the lams, othar than Icga[ comm, including editions to or delerims fmm
the quantities originally ordered in the specifications or drawings, by verbal Or wnnen change order. If any such
change affects the amount due or the time of Performance hereunto, an equitable adjustment shall be trade.
6. TERMINATIONS.
The Purchaser may at any time by writer change order, roommate mate this agreement as to any or all portions of the
goofs then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good andror work, for incidental or consequential damages, and Nat no such ejustment M made in
favor of the Seller with topics, to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any ofilrcir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within tldmty (30) dap fmm the date the change or temdtution is
mdcred.
S COMPLIANCE WITH LAW.
The Seller warrants ,hat all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good the subject. no Seller shall execute and
deliver such dmuments as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of Nis character are hereby incorporated harem by this refereme. The Sella agrees to
indemnify and hold the Purchaser hornless f all tuns and damages sufferN by the Purchaser as it result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Parry shall assigq tromfa, or convey this order, or my monies due or to become dm hmeander without the
prior women consent of the other party.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items burnished
in performance of this agreement, free sad clear of any and all liens, restrictions, reservation, so mry interest
encumbrances and claims ofathcrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifte Purchaser direets the Seller to cored nonconforming or defective gaud by a daze m M agreed upon by the
Pumbasec and Oue Sella, and the Seller thereafter indicates its iwbility or unwillingness a comply, thc Purchase
may cause the work m M performed by the most expeditious memo available to ii, and the Sella shall pay all
emu asmcimed wida such work.
The Sella shall ml. dre Purchaser and Its conaaoom of any net from ell liability and .]alms of any nature
resulting fmm the Performance ofsuch work.
This release shall apply even in the event of fault of negligence of the puny released and shall extend to the
directors, oRcas and employees ofsuch only.
The Sellers contractual obligations, including warranty, shall not M deemed to M reduced, in any way, because
such work is performed or caused so he performed by the Purchaser.
14. PATENTS.
Whenevm the Seller is national to use any design, desi s, material or process emerd by later, pmew, trademark
or copyright the Seller shall indemnify and save hornless the Purchaser form my and all claims fat infringemenr
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any cuss, expose or damage which it may M obliged to pay by reason of such
monument at my time during the prosecution or after the complexion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit hold m amount, infer-ngement and the axe of
said equipment or pan is contain, the Seller shall, at its own expense and at its option, either proeum for the
Pumhoser the right to continue using said equipment or parts, replace the same with substantially equal but
comminuting equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkmupt, make so assignment for the barren, of modimrs, appoint e
receive, or wsm0 I my of me Sell. property or business, this order may foMwith M canceled by the
Purehssa without liability.
16. GOVERNING LAW.
The diffations of terms used or the interPretatlon offl a agreement and the rights of all posies hereunder shall M
onstmed under and governed by the lows of the State ofColorads, USA,
no following Additional Conditions apply only in case where the Seller is to perform work hereunder,
including the service of Sellers loa m scnmerods), on the premises ofmbam.
17. SELLERS RESPONSIBILITY.
The Sellm shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of my accident destruction or injury ho the work andio mataims ben Sellers finial completion and
acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materiaB
and equipment art f ished by offers for installation or erection by the Sella, the Sella shall motive, mload,
stare end handle same at ere site and become responsible therefor as though such materials anddor equipment
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Toymmt of workers mmpewtioa including occupational
disease benefits, m its employas employed on or in correction with the work covered by this purchase order,
stdror to their dependent, in accordance with the laws of tM state in which ere work is to M dams. The Seller
shall also carry mmprrho slve general liability imluding• but not limited to, contractual end automobile Public
liability insurance with Moth y i jury and death limits of at lemur S305,000, for any one person, 5500,000 t any
one accident and property damage limits pee acrident of 5400,000. The Sella shall likaaiu require his
mntmcmq if any, to provide for such compensation and imurmce. Before any of the Sellers or has m mmcm ,
employaa shall do my work upon the premises of others, ere Seller shall famish the Punctuator with a certificate
that such compensation and insurance have been provided. Such coronaries shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dam when smh compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be =trimmed until after the
entire ..,it is compleed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hcroby assumes the entire ma,maimbo, and liability for my and all damage, loo or injury ofmy kind
or retort whuwever to persona mpmpeny caused by or resulting from the caeentim of the work provided for is
this purchase order or in connection bertwith. The Seller will indemnify and Mid harmless the Purchaser and any
r all of the Purchasers oRcers, agents end employees fmm and against any and all claims, loses, damages,
charges or expenses, whether direct or indirect, and whether to persona or property to which the Purchaser may
M put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his
ontmetars, or my of the Sellers or contractors officers, agents of employees. In case any suit or other
proceedings shall be brought against the Purshoser, or its officers, agents or employees at any time on account or
by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their offcers, agents or employees se, of said, the Seller hereby ngrta to assume the defense thereof and to
defend the same at the Sellers own expense, f pay any and all cast, changes, anomcys fas and other expenses,
any unit all judgmau that may M incurred by art obtained against the pmmmus, or any of its or than officers,
agents or employees in such to or other proceedings, and N case judgment or older lien M placed upon of
obtained against Ore property of flue purehaacr, or said panic in or as a result of such suits or other proceedings.
the Seiler will in once cause Hue same to bedissolvW and dischur d by giving Mvd of othcrwiu. no Sella and
his contractors shall sake all safety precemions, famish and install all guards necessary for the prevention of
accidence, comply with all laws and regulations with mgmd to safety including, but without limitation, the
Occupational Safety and Halt Act of 1970 and all areas and regulations its red pursuant thereto.
Revised OM014