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HomeMy WebLinkAbout133226 CORONA SOLUTIONS] - PURCHASE ORDER - 3307055Date: 11/13/03 City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 3307055 Delivery Date: 11/13/u3 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. NOW Line Qty/Units Description Extended Price 1 12/l /03-11 /30/04 Invoice# 99001323 DATED 11/5/03. CADMINE RENEWAL. This order is rlQihalid 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: 970-221-6775 Fax: 970-221-6707 Email: lnfo@ci.fortcollins.co.us 15,676.60 Total $15,676.60 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS, InvoiceAddray. To emcee prompt Payment mail invoices in duplicate to, City of Pon Collins Acaunfng Division RO. Box 580 Fort Collins, CO 80522 Tax semgims. By suwte the City of Fort Collier is exempt from state and local levee. Our E.Mmuca Number is 98A4502. Federal Excise Tax Exemption Certificate of Regisny 84-6000587 is registered with the Collector of Internal Revenue, DM,er Colmudo (Ref. Colorado Revised Statutes 1993, Cheper39-26, 114 (a). Gres Rejected. GOODS REJECTED due to failure to meet specifications, either wherm shipped or due to defies¢ of damage in transit, may has relumd to yen far credit and are not to he replace except upon .it of written instructions from the City of Fort Collins. Iospadm. GOODS aresubject to the City of Pon Collins inspection on arrival FinalAcceptance.R ploftherraschmdse,servicesmequiprnmtinra mtothisordercanresultinausharised payment an the pm of the City of Fat Collins;, However, it is to Is, undentmd that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teens. Shipments most be, F.O.B., City of Fait Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified an this Orderif pm rim is given to pelary feight and charge separately, the original freight bill most accompany, invoice. Additional charges for packing will not he accepted. Shipment Games Whcie manufacttuen have distributing point in various pest of the country, shipment is expected from the nearest distribution point to dasinafm, and excess freight will be deducted from Invoice when shipment me made from greater distance. Permit. Sella shall procure a sellers sole cast all wasmary permit, certificates and litmus required by all applicable laws, regulations, ordinances andrules of the state, municipality, «nhory or political subdivision where the work is performed, or required by my other duly cautioned public authority havingjunsdiaion over the work of vendor. Seller further Was; to hold floc City of Fort Collins harmless from and against all liability and has incurred by them by reason of an assured ar esoblished violation of my such laws, regulations, ordirunces, rules andra,mi amt. Atahorixaion. All parties to this contract agne the the repramortivat are, in fact, now fide and possess full and complete authority to bind said patio. LIMITATION OF TERMS. This Purchase Orda expressly limit acceptance to the taws and cmditiess stated heroin set fad, and my supplementary aradditional tams and coadifons annexed hereto or incorporated herein by ralmosee. Any additional or different tests and cmditiont proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you annot make complete shipment to move On your Promised delivery date as round. Time is of the asmce. Delivery and performmu most be effected within the time aural on the purchase order and she document attached heron. No act of the Purchasers including, without buiafon, acceptance of partial lac deliveries, shall operate as a waives of this povision. In the event of my delay, the Purchaser shall have, in addition w other legal and equitable remedies, the option of placing this ads elsewhere and holding the Sella liable for damags. However, the Sella shell not be liable for dmugs as a result of delays den in causes not reasonably foreseeable which eon beyond it reasonable control and without it fault of negligence, such was of Gad aces of dvil a military natharith , pyarm rnsal pforida, fires, strikes, flood, epidemic, wars or riot provided that notice of the mMifiom cursing Inch delay, is gives to the Purchaser within five (5) days of be time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be atmdd for die peried equal to the time actually lam by realm of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this orda will conform with applicable drawings, specifications, samples md/or Mina descriptions given, will h fit for the purpose intended, and performed with the highest degme, of mrc and competarce in accordance with aseegal associate, fa wark of a similar nature. The Sella agrees to Mid the p rchasa harmless from my loss, damage or exprnse which the Purchaser may mffa or incur not account of the Sells branch of warmty. The Sella shall replace, repair or make good, without mat in the purchaser, my defect or fault arising within me (I) year or within such Inager period of time as MY be proscribed by law in by the terns of soy applicable warranty Provided by the Sella after the data of acceptance of the goods famished hereon is (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials fumishcd by the Sella Acceptance muse of gods by the Purcer hasshall not constitute a giverof any claim order this wmmty. Except as otherwise provided in this Purchase order, the Sellers liability hereunto shall extend to all demaga proximately causal by the breach of my of the foregoing warmties m guarantees, ben such liability shall in m event include has ofpofit a lass of use. NOIMPLIED WARRANTY OR MERCELINTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal tams by written change order. 5. CHANGES IN COMMERCAL TERMS. The poomou may make my changes w the tams, other fl m legal tams, including add i os to or deletions from the 9umtifies originally ordered in the spalfiemons or drawing, by verbal or written change order. If any such change affects the amount due in the time of performance hereunda, an equitable adjustment shall be made. 5. TERMINATIONS. The Purchsa may at my fime by written change Order, terminate this agreement a to my or all portions of the goods Non nee shipped, subject to my blame s aagnament between the parties as to my work or material then in progress provided that the Purchaser shall non be liable for my claims for anticipated profit no the uncompleted portion of the goods and/or work her incidental or consequential damages, and that M such adjusmmm be rouse in favor oft Seller with respect to my goods which an the Sellers standard stock. No such hanummon shall relieve the Purchaser or the Sella of my of their obligations as m any goods delivered hereunder. r. CLAIMS FOR AD3USTMENT. Any claim for adjustment most be annul within thirty (30) days firm the date the change or tmnia ma is Ordered 8. COMPLIANCE WITH LAW. The Sella warrant that all goods sold heremda shall have been produced, old delivered and fiunisM1ed in strict compliance with all applicable have and regutsims to which the gads ere subject The Sella shall execute and deliver such document as may, be required to effect or evidence compliance. All laws and regulations required] to be incorporated in agreemm n of this chances are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hamlet Toro all cats and damages suffered by the Purchaser as a result of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither party shall assign washer, or convey this order, or my mania den or to become den hera nda without the print "am crosmt of she other party. 10. TITLE. The Sella waras full, clear and wrestricted title to the Purchaser far all equipment, materials, and items fumishd in pert... of this agreement, free and clear of my and all liens, reenicuaq reservations, security interest enconhow. and claims of others. 11. NONWAIVER. Failure of the Posthaste, to insist upon stria lsaformava of the terms and conditions hareaf, failure or delay te, exercise any rights in remedies provided herein or by law, failure w promptly notify the Sella in the event of a breach, the accepwnce of or payment far goods bermoda or approval of she design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he darned a waiver of any right of the purchaser in insist upon stria performance hamf or my of its rights or remedies as in my such goods, regardless of when shipped received or, accepted, as w any parr or subsequent default M1aeunda, nor shell any purportd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in sued economic patties, overcharges resulting firm national violations are in fact bone by the Purchaser. Thaetd., far good eons. and ere mmideation fa executing this purchase order, the Sella hereby assigns in the Purchaser my and all claim it trey new base or hereafter esquire ender federal or sae antitrust laws far such overcharges causing to the par imbir goods or savior purchase or acquired by the Purchaser pursuant to this purchase coda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonmnformag a detective goods by a date in be agreed upon by she Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser, may cause the wok to be performed by the most expeditious means available to it, and the Sella shall pay all coat associated with such work. The Seller shall release the Purchaser and it coutnaon Of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dbecws officers and employees of such party. The Sellers contractual obligations, including warranty, shall net be deemed to be reduced in my way, because such work is performed or cased to he performed by the Patches. 14. PATENTS. Whenever the Sella is required to we my design, device, material or pocces revered by letter, patent, trademark or copyright, the Sella shall indemnify and save handers the Purchaser from my and all claims for inhinganent by reason of the we of such patented design, device, common in process in connection with the contract, and shall indemnify the Purchase for my tort, expense or damage which it may h obliged in pay by reason of such infringement at any time during the prosecutor or after the completion of the work. In cox said equipment, or, my Wart thereof or the intended use of the goods, is in such suit held to constitute infringement and the we of said equipment «part is enjoind, the Sella shell, at it own asperse and a its option, either procure far the Purchaser the right to continue sing said equipment or parts, replace the same with subatsotially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or hanrupl, make m assignment for the benefit of creditors, appoint a receiver or maim for my ofer Sellers property Or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LA W. The definitions of terms osd or the interpraafon of the agreement and the right of all parties haeurda shall be comrnal m la and governed by the laws of the State of Colmado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work bercunda, including the service of Sellers Riciumnudivds), m the premises of Others. ❑. SELLERS RESPONSIBILITY. The Sella shall cary on said work at Sellers awn risk until the sane is fully completed aid MOCIACd, and shall, in case of my accident, destruction or injury in the work and/or materials before Sellers final complefm and ucegmce, complete the work at Sellers own expense sodto the satisfaction otd,e Purchaser. When rom ale and equipment ere finished by od,era for iatllation or maim by the Sella, the Sella shall receive, mlosd, am and handle sane to the site and become rapoaible therefor as though such rrmerials and/or equipment were being famished by the Seller coda the order. IS INSURANCE. The Sella shall, a his own expense, provide for the payment of workers compensation, including occupational discuss benefit, to it employees employe on or in maeclim with the work covered by this purchase order, and/or to their dependent in scordence with the laws of the aae in which the work is to the done. The Sella Shall also tarty comprehensive genteel liability including, but nee limited to, command and astrmobile public liability inscrance with bodily injury and death limit of a heat 13W,000 fen my me pair¢, 1500.000 for my me accident and Property damage limit par accident of S40)." The Sella shall likewise require his emtrswrs, if my, to provide for such compensation and insurance. Before my of the Sell. or his commit. employee shall do any work upon the premiss a Others, the Sella shall furnish the Purchaser with a embficxte, that such conrprnvdm and iaurmce have been provided. Such catificas shall specify the date when such compemaim and iaurmce have ban pmvidd. Such certificates shall meaty the date when such compensation and insurance expire. The Sella agrees that such comp=sation and insurance shall be, maintained until after she =fire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumce the entire responsibility and liability far soy and all damage, has or injury of my kind or narum whasoeva to persons or Property causal by ar resulting from the execution of the wark provided for in this purchase ardor ar in connection herewith. The Seller will indemnify and hold bamiss the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, I ses, damages, charges or expenses, whether direct or indirect, and whether I. persons or property to which the Purchaser may he put or subject by reason of my aa, action, neglect, omission a default an the part of the Sella, my of his cxwmMm, or my Office Sells or OmMactm offices, name or employees. In rase my unit or other proceedings shall his brought against the Purrham or in officer, Mmm a employees a my lime an mount or by reason of my set, action, neglect rmaxim or default of die Sella of my ofhis contractor ne my of its or that offices, agent a employee as aforesaid, the Seller hereby agrees to ssanne the def=se thermf and to defend the same at the Sells own expense, to pay any and all cram, charges, attorneys face and offer exports., my and all judgment that may he incurred by orobminal agaivst the Purchaser or any a is or their offices, law exemployees in such suits a oshor proceedings, and in ova judgment or ether lien he place upon or Obtained against de, property of the purchaser. or said parties in in as a result of such suits or other proomelinp, the Seller will at once cause the same to be dissolve and discharged by giving bad or othewse. The Sella and his contrstars shall tale all safety perartiom, f nnuch and mandi all guards necessary for the gevention of accidents, comply with all laws and regulations with regard to safety including, but without limimfon, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thisom Revisal I Il9