HomeMy WebLinkAbout190124 LARIMER COUNTY DEPT OF HEALH AND HUMAN SRV - PURCHASE ORDER - 3300433Date: 01/14/03
Citv of Fort Collins
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Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 3300433
Delivery Date: 01/14/03 Buyer: O'NEILL,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Role:
Line Qty/Units Description Extended Price
1
2003 Transport fees
This order is rtQt*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
Phone: 970-221.6776 Fax: 970-22"707 Email: info@ci.fort-collins.co.us
16,500.00
Total 16,500.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
1. COMMERCW.DETAM&
Invoice Address. To mauve Prompt Payment mail invoices in duplicate to:
City of Fort Collins Accounting Division
P.O. Box 580
Foes Collins, CO 80522
Tex exemp era By Aam, the City of Pon Collins is exempt from seats and local taxes. Our Emotion, Number
is 9&N502. Fedeal Excise To Emoption Certificate of Registry 84-60e0587 is registered with the Collector of
Intended Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to mat specification , either when shipped. due to defects
of damage in um h, may he rearmed to you for credit and are m i to be replaced except upon receipt of written
mmun ow, from the City of Fort Colima,
Inspection. GOODS art subject to the City of Port Collins inspection on Arrival.
Final Acceptdoce Receipt ofhere merchandise, services in equipment in tespmse to dds order cou —It in mthaiud
payment m the pat of the City of Fort Collins. However, it is an he undmmod than FINAL ACCEPTANCE is
dependent upon meWlestim of all applicable rNmrW inspection procedure.
Freight Tenor. Shipments mart be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522, unless
Otherwise specified on this order. If pemissio is given no pr,Ay freight and charge separately, the original freight
bill mast accompany, invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nwreat distribution point to destination, and excess freight will be deducted from Invoice when
shipments Are made from greater distance.
Porous. Sella shall procure a all. sole coat all neemary permits, certificates and he.. tequired by all
Applicable laws, regulations, ordinance and mles ofher sate, municipality, territory or political subdivision where
the wok is performed, or required by my other duly constituted public authority bavinliptiedicvm ova the wort
of molar . Sella further agrees to hold the City of Fort Collins haodeas from and against All liability and loss
incurred by them by arson of an asserted m established violation of my such laws, regulations, ordinances, rules
and requirements.
Authoriestim. All panlce to this convect agrm Bat the representatives are, in fat. bona fide and pointer full and
complete Authority in bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and my supplanemry or additloa too and conditions annexed hares Or incorporated herein by
reference. Any additim it e, different terms And conditions proposed by Sella as objcam to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT dean themly if you ama make complete shipment to arrive on your
promised delivery die As noted Time As ofthe essence. Delivery and performance mot be effectai within the time
sated on the purchase order and the dorm morns atached home. No errs of the EroM1um including, without
limi nfle , sceprauce of partial late deliveries, shall operate As a waver of this Provision. In the evmt of any delay,
the PurthAserseS have,meddidm moth erlegaladequitable semedit the optionof Placing this Ordereofdalaas
And holding the Sella liable fan daamgw. However, the Sella shall not be liable for massive it As e roar lil ence,
does in or,
aunt aawnebli tuneablewhich mbeyond isteno priccontrol And withoutitstampof idmeigma,
such sec of God rum of evil th milimry wthwAmg govavmmal prioritiese fires, strikes, load, epidemic, win
arimentieedthn mdceathe l lado lea rasingfin decayist of to the delay,
ae date five livdays all be
Bane when the Sella first received knowledge thereof ht the event of my such delay, the date of delivery shad be
extended for the period Nasal to the time actually last by reason of the delay.
3. WARRANTY,
The Sella warrants thin ell goods,articles, materials and work covered by Nis ada will conf with applicable
drawings, specification ,rumples andror Ores, d aaipdaa given, will be fit for the purposes intended, and performed
with the highest degas of ram and conVanda in secordince with nice aad standards for work of a similar nature.
The Sella ages to hold the pmchaea hamdess fran my Im , damage or expense which the Purchasa may Author
or incur m maxamr ofter Sellers breech of warranty. The Sella shall replace, repair or make good without cast to
the purchase, my defers or faults raising within me (I) year or within such longer period of time a may be
prescribed by law. by the tams of any applicable womanly provided by the Sella after the date of mcepum, of
the goods furnished her mla (acceptance nor to be unreasonably delayed), resulting ft= imperfect or defective
work dome or materials Furnished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a
waver of my clam unto this wmanty. Except as otharwise provided in this purchase order, the Sellers liability
hereunto shall mod to all damages proximately caused by the brash of my of the foregoing warranties or
guoottate, ba such liability shall in no evens include Is ofproEts a loss of use. NO I.1PLIED WARRANTY OR
MERCHANTAB117Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes In legal tarots by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my stake my changes to the arms, other than legal toms, including addiders in or deletions from
the qumtifiw originally odaed in the apeifications Or drawings, by vabal or written change orda. If my such
change Athccb the emomt due Or the time of performance hereundo do Nu tallo adjustment shall he made.
6. TERMINATIONS.
The Pmchwa may a my time by wmtan change mda, toots m e this Woman As to my or all portions of the
goods then nor Gripped, subjectto my sawrnbc Almon, between rise parties As to my weak or materials thm in
prefixes Provided Nat the Purchaser hall not be liable fa my clams for anticipated profis on the uncompleted
portion oft goods and/or work, for incidental or cmommentia donages, and that an such adjusmtent be made in
favor ofer Sella with respect in my goods which are the Sellers standard mock No such taratation shall alieve
the Pa ebaa or the Sella of my of their obligations u to my goods delivered hereunder.
7, CLAIMS FOR ADJUSTMEM
Any clam for adjnament mot be aasseted within thirty (30) days from the date the change ortarmimtim is orchard
8. COMPLIANCE WITH LAW.
The Sella wardom then All goods said hereunto shall have bean produced mid delivered and furnished in strict
compliance with all applicable laws and regulations a which the goods Ore subject. The Sella shall execute and
deliver such dacumims As mi, be taloned to efts a evidence compliance. All laws and regulations required to
be incotprered in agrmnms of this character arc beaby incoapomtW herein by this refemce. The Sella agrees
to inimically and hold the purchaser hmadem form all corm and damages suffered by the Purebser As a sat of
the Sellers fail.. to comply with such law.
9. ASSIGNMENT.
Neither party shall weipa bmsfer,. convey Nis order, a my motia den is to become due haeunda without the
prior wrium conga, of the other party.
IO. TITLE.
The Sella warrant full, clear and muestriaed doe to the Po chaser fa all Nalxmnt and"WA, and firms famished
in performance of this agreement, free and clear of any and all lions, remictiov, reservations, security interest
encumbrances and claims of Others.
11. NONWAIVER.
Failure of the Pumhaser to insist upon stria Performance of the tarns and conditions hereolf failure or delay in
exercise any rights or remedies provided herein or by law, falone to promptly notify the Sella in the coact of a
breach, the acceptance of a payment for goods hereunder a approval of the design, shall not release the Sella of
my of the amounts a obligations of this purchase order and shall nor be deemed a waive of my right of the
purchaser to insist upon stria performance hereof or my of its rights Or re tedia as in my such goods, regWlen
of when shipped received or accepted, a in my Rio or subsequ at default haturae, nor shall Any purported MI
modificnim or mcissim of this Purchse Order by the Puachaa aPaane se a wavy of my of the tons he so f.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognim chat in stud ecmmdc Practice, ovacholgea resulting from wtimm violations
m in fact bane by the Purchases. Thaerofn , fa good case end As maidemtim for arear ing this Pmchese alder,
the Sella hereby Assigns in the Pumhu , any cud all claims it easy now have ahaeafier squired order federal or
sine antitrust laws for such overetrges relating in the particular goods in service purchased or squired by the
Pucham pursudot to this purchase Order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchasa directs the Sella to correct mmonfonddng Or defective goods by a data m be agreed upon by the
Porebasa and the Seller, and the Sella therenRer indicates its inability or unwillingness In comply, the Purchaser
may more the work to he performed by the most expeditious memo available to it, and the Sella shall pay, all cants
minciatM with such work.
The Sella shall .1.1 the Pur %AAm and its amenton of my fia from all liability and clams of my nature
resulting from the performance of such work.
This release shall apply even in the event of font of negligence ofth Pony released and email extend m the directors,
officers and employees of such party.
The Rile's cOntacmal obligation, including warranty, shall nor be deaned to be reduced, in my way, bemire each
work is performed a caused to be performed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use my design, device, material in process covered by Iona, lateral, trademark
or copyright, the Seller shall indemmify and save harmless the Pumbeen, from my and all clams for infringement
by moon of the use of such pnmtad design, device, malarial w process in connection with the comma, and shall
indemnify the Puncheon for my cat, expose or damage which it may be obliged to per, by ream of ash
infringements at my time during the pmucution or after the completion of the work. In cue said equipment, or my
pare thereof or the intended use of the goods, is in such suit held an crostimte infringement and the use of said
equipment a pot is enjoined, the Sella shall, m its awn expmw and 9t its option, either procure fa the Purchaser
the right to continue using said equipment or pars, replace the come with substantially Nuns but am-inMnging
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bdokmpt, crake An assignment for the benefit of creditow, appoint a receiver
or trustee far my of the Seller prop,, or bownees, this ads may forthwith be canceled by the Purchaser Arrow
liability.
16. GOVEJN GLAW.
The definitions of terns used or the interpretation of the a®cement and the rights of all Persia M1ereunder shall be
construed unda and governed by the laws of the State of Colorado, USA.
The following A&mmal Conditions apply Only in cues what the Sella is to perform work hereunder, including
the services of Sellers Representative(s), an the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry m said work a Rilefs own risk andl the same is fully completed and accepted, and shall, in
cue of my accident, destruction or injury to the work Aeolus materials before Seller's final completion and
scepance, complete the work at Sellds own expse and to the eadsfadim of the Pmchaa. Whimndaneaish and
equipnmt are fumished by others fin modulation or erection by the Sella, the Sella shall receive, unload nee And
handle same m the site and become responsible therefor as though such mmenals And/or Nuipaimt were being
bummed by the Sella undar she oda.
18. INSURANCE.
The Seller shall, at his own expense, provide fan the pyment of workm compimwtion, including occupational
thane benefits, to is employees =played on a in comectim with the work covered by this purchase order, and/or
to their depmdims in accordance with the laws of the store in which the work is to be time. The Sella shall also
cony comprehensive general liability including, but not limited 1% contractual and Automobile public liability
insoma with bodily injury and death ]into ofat least S3W,000 for my me person, $500,000 fan my One accident
and Property damage limit par accident of S400,000. The Sella shall likewise require his controm es, if my, to
Provide for such compensation and insurance. Before my of the Sellers or his connections employees shall do my
work upon the premises of others, the Sella shall finish We Purchaser with a anifiwte that such compmvadsm and
insurance have hem Provided. Such certificates shall specify the data when such carm,no etim and insurdoce have
been provided Such certificates shall specify the data when such compensation and insurance expire. The Sella
Woes that such cmnpmsetim and insurance shall be maintained until after the entire weak is completed and
..,led.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby mumce the entire responsibility, and liability for my and all damage, loss a injury of my kind
or nitre whits over to peraow or property, caused by or awaiting from the...rim of the work Provided far in
this purchase ardor. in cmnwdm herewith. The Sella will indernufy, Am hold hornless the Aachwa and my
or all of the purchases offices, Mcnm and employees from and Mahan MY And all elainq Iona, dmages, chatga
or expmsa, whether dims or indirect, and whether to pawns in property to which the Parch user may be pat in
subject by reason ofany act, action, neglect, as mat or defwlt an the part of the Sella, my of conmctan, a
my of the Sell. err ommo rs oKem, Mom or employees, In se my wit or chair proceedings shall be, brought
Against the Purchaser, a its afficen, again . employees a my time on..mt or by wrom of my act aeon,
neglect, mission or default of the Sella of my ofhis cmtrssm a my of its or their officers, agents, Or employs
as aforesaid, the Sella hereby egm ran Assume the defense thereof and in defend the ware an the Sells own
c.Penu, so pay achy and all cwm, charge, a,omeys face And other eemoses, my And al judgments that may be
a mad by or obtained agone, the PmcM1ma n my ofis or their officers, agcats Or employs in such suits m other
proceedings, and in case judgment or other, lion be Placed upon or obtained Mrsiat the propny of the Puremeser,
or said panda in m As a malt of such suits or Orha Proceedings, the Sella will n once cause the same m he
diadmi and d Avbrg d by giving bonds abawiae no Sella and his cwWwmn shill Was all Amery peamoa,
famish and install All goods necessary for the prevention of accidents, comply with all laws and regaatioa with
mgmd an safety including, ban without limitation, the Occupational Safety and Health Act of 1970 and al rules and
agulatime lamed puissant fincom
Revised 11/9