HomeMy WebLinkAbout102552 C S U CASHIERS OFFICE - PURCHASE ORDER - 6606953`�/--G/51
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City of Fort Collins
City of Fort Collins
Page Number: 1
Date: 01/08/07
Purchase Order Number: 6606953
"'•"y�ULW.111V 1+VV buyer: BONNETTE, ED
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 06-07 State JAG 15,000.00
Change terms and conditions
2 06-07 State JAG 1,344.00
Change terms and conditions
City of Fort C m Director of Purchasing ,and Risk Management
This order is alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Total $16,344.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
encumbrances and claims of others,
1. COMMERCIAL DETAILS,
Invoice Address. To ensure prompt Payment mail invoices in dupheme In:
City of Fort Collins Accounting Division
P.O. Box 580
Fort Collins, CO 80522
Tax exemptions. By summe the City of Fort Collins is exempt from state ant local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of written
instructions from the City of Port Collins.
Inspection. GOODS we subject to the City of Fan Collins inspection on arrival.
Final Acceptance. Receipt of the machandiu, services or equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be understood thin FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original height bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts afthe country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are
made from greater distance.
Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and becomes required by all applicable
:awn, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is
performed, or required by my other duly combined public authority having jurisdiction over the work of vendor.
Authorization. AN patties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OFTERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and my supplementary or additional turns and conditions annexed herein or incorporated herein byrefcmnce.
Any additional or diffeent terms 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 performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the
Purchase shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to
causes not reasonably foresewble which are beyond its reasonable control and without its took ofnegfigence, such arts
of Gad, acts of civil or ordinary authorities, goverememill priorities, firm, strikes, Rood, 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 Sella fast received knowledge thereof In the event of my such delay, the date of delivery shall be extended
far the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications samples and/or other descriptions gives, will be fit for the purposes intended, and performed
with the highest degree of care and competence in accordance with accepted standards for work of a similar satire.
{� The Sella shag replace, repair or snake good, without cost to the
Purchases, my defects or faults arising within one (I) year or within such longer period aftime as may be prescribed by
law or by the terms of my applicable warranty provided by the Sella after the date of acceptance of the goods
furnished here oda(acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or
materials furnished by the Sella. Acceptance or use ofgoods by the Purchases shag not constitute a waiver of any
claim under 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 my of the foregoing warranties or guarantees, but such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchases may make charges to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make my changes to the terns, other tban legal terms, including additions to or deletions from the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions heretf, failure or delay to
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event ofa breech,
the acceptance of or payment for goods haeunda or approval of the design, shall not release the Sella of my of the
warranties or obligations of this purchase order and shall not be deemed awaiver of my right of the purchi sa to moist
upon strict performance hereof or any of its rights or remedies w to any such goods, regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, nor shall any purported orat modification or
rescission of this purchase order by the Purchase operate as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchasa recognize that in actual economic practice, overcharges resulting from antitrust violations an:
in fact home by the Purchases. Theretofore, for good 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
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchase may
cause the work to be performed by the most expeditious means available to it, and the Sege shall pay all costs
associated with such work.
The Sella shall mleasethe Purchase mints contxactorsofanyties fromall liability andclainvsofanymnum esuhing
from the Performance of such work.
This release shall apply even in the event of fauh ofnegkgence of the party released and shall extend to the directors.
officers and employees of such party.
The Seller's contractual obligations, including warranty, shag not be deemed to be reduced, in my way, becausesuch
work is performed or caused to be performed by the Purchaser.
Whenever he Seller is to �y esi ice, material or process covered by t, trademark or
copyright, the Sena in andsave from my and lorinfinrganembyreamin
ofthe use also tmteddesi device,rnat ' rprocessinconnection ' contract, and shall indemnify, the
Purehmer y cost, expense or damn ' h it may be obliged to pa reason ofsuch infringetneatm
duringt prosecutionorafterthec ionoftheworkAncasesa inpatient, or my part lhereo dot=
use a goods, la in such suit to constitute infringement an e use afraid equipment is enjoined the
er shall, at its own ex a and at its option, either proc for the Purchaser the ' to continue using said
,r uhpment orpms, rep the same with substantially equal t non-infiinging equi PWAII or modify it so it becomes
non -infringing.
15. INSOLVENCY.
lithe Sella shall become mirtvem or bankrupt, makeanasunpartent for the benefit of creditors, appoint arecdva or
trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16, GOVERNING JAW.
The definitions of terns used or the interpretation of the agreement and the rights of all parties haemda shall be
construed under and governed by the laws of the State of Colorado. USA.
The following AdditionalCondaiom apply only incases wherethe Sena is to perform work heeusda, including the
services of Sellers Representatiive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shag tarty on said work a Seller's own risk unto the same is fully completed and accepted, and shall incise
of my accident, destruction or injury to the work and/or materials before Sellers fatal completion and acceptance,
complete the work at Seller's own expense end to the satisfaction ofthe Purchaser. When materials and equipment are
famished by others for installation or creation by the Seller, the Sella shall receive, unload store and handle same at
the site and becameImPomible therefor as though such mmaiab andlor equipment were being famished
under the order. / i
I B.Ime
EE'�'�� shag. at his own expensgmvide for ym ofworkaswmpensmiomiwludingocmpmiorWdisease
beneits employees employed on or' un with the work covered by this purchase order, and/or to then
depin accordance with the s of the state in which the work n [ . The Sella shall also carry
comsive genera kability' ding, but not limited to, contract mtomobde public liability moutancewith
bodiand death of m least S300A00 for any one n, $5D0,600 for my one accident and property
damit per anti of $400,000. The Sella shall requite his contractors, if my, to provide for such
comion an ' or=". Before my of the Sell or his contractors employees shag do my work upon the
prefa ,the Sena shag famish the Pu withacenificate that such compensation andireurance have
bea. Such certificates shall speci a date when such compensation and insurance have been provided.
Sucales slra0 specify the date w such compensation and insurance expiteg.l7�Selkr agrees that such
on and insurance shall be tamed until aft" the Cal rJ4.i4comDled aad'awepted.
6. TERMINATIONS. The ere assumes the entire rceponsi and liability fora and all damage, loss or injury of my kind or
The Purchaser may at my lime by written change order, terminatethis agreement win my or all portions ofihegoods nature whatsoever' m persons or property red by or resulting from the execution of the work provided for in this
than not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress purchase order or in connection ha he Seller will indemnify and hold harmless the Purchasa and my or all of
provided that the Purchase shall not be liable for my claims for anticipated profits on the uncompleted portion afthe the Purchasers officers, agents m ployees from and against my and all claims, losses, damages, charges or
goodsand/orwork, for incidental or consequential damages, and that no such adjustment be made in fnvorofthe Seller expemes,whether drecMo ul Lmdwhahato pmomorpropertytowhichthe Pumhmamaym tenon s��bled
with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the by reason of my act, action, lect, omission or default on the pan of the Sella, my of many of the
Seller of my of thew obligations as to my goods delivered hereunder. Sellers err contractors offs , agents or employees. In case any suitor other rigs shall be brought against the
Pmchas", or itsoffic agents oremployees atmytan account reason of my am, action, neglect. omission
7. CLAIMS FOR ADJUSTMENT. or default of the Se of my of his contractors or my of its eu officers, agents or employees as aforesaid, the
Any clam for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. Seller hereby ago to assume the defense thereof and to d the same at the Sellers own expense, to pay my and
all costs. cha , attorneys fees and other expenses, and alljudgments that may be incurred by or obtained against
8. COMPLIANCE WITH LAW. the Purchases r any of its or then officers, + s or employees in such suits or other proceedings, and in case
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict judgmentor ahenbeplmeduponorobt end against the property ofthe Purchaser, or said parties in m m ansuh
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver afsuch suits or other proceedings, the will at once cause the same m be dissolved and discharged by giving bond
such documents as may be required to effect or evidence comphasrce. All laws and regulations required to be or otherwise. The Sella and his cant on shall take all safety precautions, famish and install all guards necessary for
incorporated in agreements of this character are hereby incorporated herein by this reference. Tie#ek,-egt to the prevention of accidents, co y with all laws and regulations with regard to safety including, but without
d the P ass from eu costs and yes suffered the Purc finntation, the Occupations Sz ay and Heath Act of 1970 and all rates and regulations issued pursuant thereto.
Revised l hl91
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other party.
Th 3e\ r , dein' and unresMcted title to t ass for sl equipment nabs, and items in
perform this agreement, free and cl my and all flew, rem ' ns, res"vatio runny interest