HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISC3 - PURCHASE ORDER - 3307060Date: 11/13/03
City of Fortassssssss
Collins
Page Number. 1
City of Fort Collins
Purchase Order Number: 3307060
Delivery Date: 111131W Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
1 CROSSROADS REHAB 17,988.27
REIMBURSE FACILITIES FOR CROSSROADS REHAB
REFERENCE PO# 3300983
Total $17,988.27
City of Fort CgqMM"m" #Director of Purchasing and Risk Management City of Fort Collins
This order is rhdhaiid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-8707 Email: info@cl.fortcollins.co.us Fort Collins, CO 80522-0580
PumhaSe Order Tema and Conditions
1. COMMERCIAL DETAILS,
Invoice Address. To aware prompt Payment mail invoices in duplicate to.
City of Port Collins Accounting Division
P.O. Box 580
Fat Collins, CO 90522
Tax exemptions. By statute the City of Fort Collies is exempt from state and local taxes. Our Exce pnouNumber
is 98-04%2. Federal Excise Tax Exampdon Certificate of Registry 84-6000587 is registered with the Collator of
Internal Revenue Denver, Colorado (Red Colorado Revised Statutes 1993, Chapter 39-26, 114 (a).
Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects
of damage in trawit, may, be retumed to you fa audit and are net to be replmed except wpm receipt of written
instructions from the City of Fm Collins.
Inspatim. GOODS are subject to the City of Fort Collins impectim on arrival.
Fhial Accepanu. Rmdp ofthe mmerchandte suvi= oregulpmrnt in responx ro thia odaran result in euthnriad
payment an the pet of she City of Fort Collie. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon compleam of all applicable required inspection procedures.
Freight Tema. Shipment must be F.O.B., City of Fort Collins, 7W Wood Se, Fort Collins, CO 80522, unless
otherwise specified m this order. Ifpennissim is given to prepay freight and charge separately, the original freight
bill most mcompany invoice. Additional charges for pinking will not be accepted.
Shipment Distance. Whore manufacturers have disributn point in various parts of the away, shipment is
exp-d from cthe nearer distribution point to destirution, and excess freight will be deducted from Invoice when
shipmens are made from pester distance.
Peanuts. Sella shall procure a sellers sole cost all necessary permits, certificates and licrosa required by all
applicable lawn, mplaums, admarm. and rules ofthe state, municipality, territory, or political subdivisim where
the work is performed a required by my other duly co atimted public authority havingjurisdiaim over due work
of vendor. Sella further opens In hold the City of Fort Collins harmless from and sgaina all liability and loss
maned by them by reason of an asserted or established violation of my such laws, regulations, Ordinances, rules
and requirements.
Authorimtim. All panties to this on. epee that the mpmrmtaft's are, in fmL bona fide and Frames full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limit acceptance to the terms and conditions stated
herein set forth and my supplementary or adNfime tams ad madiuor annexed hereto or incorpomted hesin by
reference. Any additional or different terms and eonditior Proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if ym cannot make complete shipment to msive an you
promised delivery date as used Time is athe assawe. Delivery and pertmmance must be effeced within the time
stated an the purchase Order and the document attached haeto. No eras of the Purchasers including, without
limitation, accepance ofpatial latedeliveem, shall operate as aw iva of Nis provision. In the event of my delay,
Ne Purchaser "I have, in addition to Other legal and eqmarble remedies, the option ofplacing Na order elsewhere
and holding the Sella liable for damage, However, the Sella shall not b<liable for damages as a result of delays
due to causes not maxonably foresaable which am beyond its reasonable control and without its fault of negligence,
such set of Gad, act of civil or miliMy mtheritia, governmental priorities, fires, striker, Rood, epidames, wars
or riot provided that name, of the audition taming such delay is given to the Purchaser within five (5) days of the
time when the Sella farm received knowledge themmf. In the event of my such delay, the due of &livery shall be
extended for the period cgml to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrant that all goods, radicles, matmals and work covered by this order will conform with applicable
dmwinge, spetifiruam, samples and/or aaw dscripit. given, will be fit f the pmpmc intended and performed
with the highest degree of care and cat almica a in accordance with accepted standard for work of a similar More.
The Sella agrees to hold the purchases haneew from my less, damage or expense which the Purchaser may suffer
or incur an account ofthe Sellers breach of warranty. The Sella shall replace repair or make good, without cost to
the purchaser, my defers or faults seeing within ne (1) year as. within such longer period of time at may be,
prescribed by law or by tha tams of my applicable warranty provided by the Sella situ due due of acceptance of
the goods famished bareunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective
work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not cortitum a
waiver of my claim under this warranty. Except as otherwise provided in this purchase orda, the Sellers liability
hereunder shut extend to all dame,; proximsedy caused by the breach of my of the foregoing wurentiea or
gnarnotea, bra such liabilityshall in m evert include Ira of pmfim m loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to loge terms by written change order.
5. CHANGES INCOMMERCIAL TERMS.
The Purchaser may make my changes to the came, other dun legal tams, including additions to or deladons from
the quantities originally ordered in the specifications or &.wing, by vcual or writen cheap order. If my such
change affects the amount due or the time of perfommce here=der, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change ada, terminate this agreement as to my or all portions of the
goods then not shipped, subject to my attainable edjuarmnt between the parties w to my work or materials then in
progress provided that flue Purchaser shall not be liable for my claims for anticipated profits an the uncompleted
portion of the goods and/or work for indictment or co aequential damages, and the no such adj mtmmt be made in
fevm ofthe Seller with ,;parr m any goads which art the Sellm standard stock. No such un ninetion.ball relieve
due Purctmer or the Seller of any of their obligations as to my goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT_
Any claim for adjueueent most be awated within thirty (30) days from the date due charge or temummon is ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all goads sold hereunder shall hare been proximal. sold delivered and famished in strict
compliance with ul applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents me may be required to effect or evidence compliance. All laws and regulations matured to
he incoryorated in agreenrenu of this character are hereby itimparead beram by this reference. The Seller agar
to indemnify and bold the Purchaser hornless from all mats and damags suffered by the Purchaser a a result of
the Sellers failum to comply with such law.
9. ASSIGNMENT.
Noithar party shall assign, transfer, or coney this order, a my maim due Or to become due hereunder without the
poor written consent of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted tide to the Purchaser for all w uipmera, rtataiala and itmu famished]
in performance of this samenant free and clear of my and all liras, retirement, mavains, security interest
mcumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hermf, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach the accep rce of or payment for good M1amnder or approval of the design, shall no relmse the Seller of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of Nc
purchaser to insist upon stria parfermance hereof or my of its rights or remedies as to my such good, regardless
ofwhm shipped received or accepted, a to my Prior or subsequent default hereunder, nor shall my purported oul
modification or machrim of this purchase order by the Purchaser operate as a waive, of my of the terms hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mospisse dust in actual economic Practice, overcharges resulting from mtiment violations
are in fact tame by the Purchaser Theretofore, for good eve alas conmicamen for executing this purchase ado,
the Sella hereby asaigne to the Purchaser my and all dame it may now have or hereafta acquired anda federal or
mum antitrust laws for such overcharges relating to the particular goads or services Purchased or acquired by the
Purchases pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dirests the Seller to correct nonconforming or defective goods by a doe to Ire speed upon by the
Purchases and the Sella, and the Sella thereafter indicates in inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditions moms available to it, and the Sella shall pay all cast
associated with such work.
The Sella shall release the Puchma and its contractors of my tier from all liability and clear of my nature
resulting from the perfomunce of such work.
This release shall apply even in the event of fault of negligence of the perry released ad shall extend to she directors,
officers; and employees of such party.
The Sciler's emuacsual obligations, including warranty, shall net be domed to be re&ecd, in my way, beemee such
work is performed or caused to be performW by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by latter, patent, trademark
or copyright, the Seller shall indemnify and save harmless she Purchaser from my and all claims for infringement
by reason of the use of such printed design, device, meant or prone; in common with the convect, and shall
indemnify the Purchaser for my cost, expense a damage which it may be obliged to Pay by reason of such
infringement at my was during the prosecution or after the completion of Nc work. In case said se tipmmt or my
pm thereof or the intended use of the goads, is in such suit held to common. infringement and the we of said
equip tent or pare is enjoined, the Sella shall, in its own expense and a it option, either procure fa the Purchaser
the right to continue using said equipment or parts, replete the sane with substantially equu but non -infringing
equipment or modify it so it becomes non -infringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver
or were, fee my of the Sella, property or bourses, this order may fnbwith be canceled by the Purchaser without
liability.
16, GOVERNING LAW.
The definitions of terms need or the lnteryrcace. of the agreement and Ne rights of all parties hereunda shall be
coretmad under and govened by the laws of the State of Colorado, USA.
The following Additional Cmditins apply only in cases where the Sella is to perform work hereunder, including
the services of Sellers Represm inive(s), on the premiss of others.
12 SELLERS RESPONSIBILITY.
The Sella shall cony an said work a Seller own risk mail the sane is fully completed and accepted, and shall, in
case of my accident destruction or injury to the work and/or ,materials before Sellefr final complaim and
accepmnce, complete the work at Seller's own expense and to the satisfsctim of the Purchaser. When materials and
equipment ere furnished by others li ineNluin a emotions by the Sella, the Sella "I receive =load, now, and
handle same at the site and become responsible therefor as though such materials and/or equipment were being
famished by the Sella under the order.
18. INSURANCE.
The Sella shall, a his own expense, provide for the payment of workem cwmprnsaiou, including occupational
disease bmefis, to is employees employed an or in connection with the work covered by this purchase order mdm
to their depmdmm in aacmdance with the laws of the state in which the work is to be done The Setter shall also
cony comprehensive gmaal liability including, but net limited m, enntmetuu and anmrmbile Public liability
insurance with bodily injury and death limit of m Iran P00,000 for MY are person, UK" for my me accider"
and property damage limit per accident of S4W,000. The Seller shall likewise require his contractors, if my, to
Provide for such compensation and accounts. Before my of the Sellers or his comeactma employees shall do any
wank upon the pmnises of others, the Sella abed famish the Purchase, with a certificate Nat such cnWansatim and
insurance have bcm provided. Such aniftcami shall specify the date when such compensation and insurance have
them provided. Such cadficares shall specify Ne "a when such comp ention send insurance expires. The Seller
agrees that such compensation and insurm a shall be maintained until after the moire work is completed and
accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES -
The Sella hereby alums she entire responsibility and liability for my and ml damage, loss or injury of my kind
or nature whensoever to persons a property caused by or resulting from the executiou of the were provided for in
this purchase order or in connection herewith. The Seller will indemnify and held haml. the Purchua and my
or all of the PurcNmm officers, agents and maploy= from and against my and all claims, Iowa, damages, chaps
or expanses, whether direct or indirect and whether to pemns or property to which the Purclmea may be put m
subject by ream of my me, action, neglect, orammn or default an the part of the Seller, any of his conuucr., or
my athe Sell. or conumtrar ofl erns, agents or employees. In case my suit or other proceedings shall be bought
against due Purchases, or its Officers, news a employees Or my rime an account or by reason of my era, actin,
neglect o nission or default ofthe Sella of MY ofhix emu-. a my of its or their Officers, agena or employ=
as aforesaid, the Seller hereby agrees ro ... the defense thereof and to defend flue amass a the Salim own
expense, to pay any and all cents, drages, attorneys f= and other exposes, my and all judgments that may he
inamed by on, obaiained age=Nc Purchaser or my ais car their officers, spas or mployees in such sets a other
prxcedings, and in case Judgment eu other line he planed upon or obtained against the property, of the Purchaser,
Or said parties in a a a result of such suits or radmr proceedings, the Seller will in nce cause the same to be
diwnlved and disclaned by giving baud Or otherwise. The Sella and his comments -bell rake all safety presameas,
furnish and iatul all guards necessary, for the prevention of maidens, comply wish all Iaws and regulmns with
regard to salary including, but without limitation, the Oempatiaml Safety and Health Act of 1970 and all rules and
regulation issued pmaunt thereto.
Revised l ll9