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HomeMy WebLinkAbout113272 COLORADO VISION SERVICES - PURCHASE ORDER - 3300003City of Fort Collins Page Number: 1 City of Fort Collins Delivery Date: 12/31/03 Purchase Order number must appear on invoices, Date: 11/20/03 BLANKET Purchase Order Number: Buyer: O'N LL,JAMES bills of lad[ g, and all core Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/ORS VIC 3300003 Line Qty/Units Pfescription Extended Price 2 1 LOT / 5,000.00 TO PO# 3300003 Per Req. # 18005 for additional 2003 expenses. Total This order is rtaLbalid 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: info@ci.fortcollins.co.us $5,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 P 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to. City of Fort Collins Acconntlng Division PG, Box 590 Fort Collins, CO 80522 Tax exemptions. By assume the City of Fort Collins is exempt from state and local taea Our Exemption Nomber is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Culiacan of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to far'lum to meet specifications, either when shipped or due to defects of damage in trermit, may be eemmed in you fin credit and are not to be Mimed except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject m the City of Fort Collins inspmim m mrival. Final Acceptance. Rempt ofthe merchandise, savies or equipment in response to this order cm result in anthoriaed payment on the pert of the City of Fort Collins, However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments most be P O.B., City of Fort Collins, 700 Wood Se, Fort Collins, CO 80522, unless mhmvise specifiedan this order. If permission is given to prelsse freight and charge separ ately, the original freight bill must accompany invoice. Additional charges fen packing will not be accepted. Shipment Dlamce. Where manufacturers have distributing points in various parrs of the country, shipment is expected from the neatest distribution point to destitution, and excess freight will he deducted from Invoice when shipments are made from greaza distmea, Permits. Sella shall procure a sellers sole cost ell necessary pm outs. catificats and licenses required by all applicable Taws, regulations, ordinancs and mis of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority havingjurisdinion ova the work of vendor. Sella furtha agrees to hold the City of Fort Collins hornless from and against all liability and loss ncured by them by reason of m arsened or established violation of my such laws. regulatims, ordinances, ales and tequirements. Authimantion. All parties to this control agree that the taxamatitives are, in fact, bona fide and pace. full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein sat forth and my supplementary or additional tams and conditions annexed hereto or incorporated herein by reference . Any additional or different teens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m ariw on your promised delivery rime a need Time is of the seance. Delivery and performance most be effected within the time stated on the pumhuse order and the documents aamicad h,mo. No is of the Purchasers including, without limlmtim, acceptance of partial Ire deliveries, shall Operate an a waiver of this provision. In the went of any delay, the Purchaser chat have, in addition to othor legal and equitable remedies, the option of plating this ceder elsewhere and holding the Sell, liable for damage. Howeva, the Sella shall not be liable for damages as a result of delays due to causes not reaonably forcsaable which are beyond its comennable consul and without its fault of negligence, such acts of God, acts of civil a military authorities, governmental priorities, fires, mrikes, Rood, epidemics, wars ar rims provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Sella fiat received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants the all goads, articles, materials and work covered by this order will cent= with applicable drawing; spaificatims, smglam anther aha descriptions givm, will be fit fa the purposes intender and performed with the highest degree of are and competence in as ndma with accepted standards fen work of a similar nature. The Sella ages to hold the purchaser harmless from my lass, damage or expense which the Porchae may suffer a incur an account ofthe Sellers breach ofa morty. The Sella shall regime, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such long, period of time as may be preseribed by law or by the tams of my applicable warranty Provided by the Seller after the date of scaptance of the goods furnished hamnea (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done a materials foreclose by the Sella. Aeeepance a use of goods by the Purchaser shall not constitute a waiver- of my claim under this warranty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages poximeely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evem include lass ofprofia or low of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes m legal teems by written change order. 5_ CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the toms, other than legal terms, including additions to a dektlons from the quantities originally ordered in the specifications or drawings, by verbal or wnaen change order. If any such change affects the smount due or the time of perfr marm hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a my time by wriam change order, team mte this agreement as m my or all portions of the goads than not shipped subject to my equitable adjustment between the par ax a to my work or materials thm in programs Provided than the Purchaser shall nor be liable fa my claims for anticipated Profits an the mcomplored Perim ofthe goods aM/a week for incidence or consequential darre gam, and that no such adjtutmerrt be made in favor of the Sella with respect to my goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Sella of my of their obligations as to my goods delivered hereunder. q. CLAIMS FOR ADRISTMENT. Any clam for experiment must be averted within thirty (30) days from the date the charge or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warana the all goods sold hereunder steel have been produced, sold, delivered and famished in and compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and datives sucM1 daumrns a may be raluired m effect a evidence compliance. All laws and regulations malted to be incantational in agreements of this character are hereby incorporated herein by this reference. The Sella agree to indemnify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as a result of the Sella, failure to comply with such law. 9. ASSIGNMENT. Neither patty shall aIII, aansfa, m convey this order, or my monies due or to become due hereunder, without the prim written consent of the other paly. 10. TITLE. The Sella Warrants full, clew and wreetricted lisle to the PurcM1aa for ell equipment materials, and item famished in performance of this agreement, free and clear of any and all liens, restrletions, reservations, security interest mcumboyeas and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure a delay to exercise any rights or remedies provided berein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods herewda or approval of the design, shall not releae the Seller of any of the annuities or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist own strict performance hereof or my of its rights or remedies as to my such goods, regardless of when shipped received or accepted, a to my prior or subsequent default hcrewder, nor shall my purported oral modification or rescission of this purchase orda by the Purchases operate as a waiver of my of the terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize Nat in consul mmomic practia, overcharges reulting from contrast violations me in fact home by the Foreman, Thereromix, fm good cause and as consideration for exerting this purchae ceder, the Sella hereby assigns to the Purchases airy and WI claim it may now have or hereafter acquired under federal a state antitrust laws far such ovachargs relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Sella to contact nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costa asaiated with such work. The Seller shall release the Purchaser and as contmetots of my tia from all liability and claims of my neute resulting from the pafmtnmce of such work. This release shall apply even in the went of fcut of negligence ofthe may released and shall extend to the directors, officers and employees of such party. The Sellets contractual obligations, including wasrmty, shall net be domed to be reduced, in my way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by later, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, dwice, material or process in connection with the contract, and shall indemnify the Purchaser for any cart, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any Turn thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said ,iiipmms a part ea enjoined, the Sell, shal[, coits oxen expense and at its option, either procure fee the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shell baome insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver a frusta fa my ofthe Sellers property m business, This order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tetau used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in most where the Seller is to perform work hereunder, including the services of Sellers Representative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Sella sbull carry on said work a Sellers own risk and] the acme is fully complerW and accepted, and shall, in case of my accident, destruction or injury to the work and/or movies before Seller's final completion and acceptance, complete the work a Seller's mvn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, anlad more and handle same at the site and become responsible therefor at though such motmals and/or equipment were being Famished by the Seller under the orda. 18. INSURANCE The Seller shall, a his own expense, Provide for the payment of workers compensation, including occupational disease battles, to is employees employed an or in connection with the work covered by this purchase order, carbon to their dependents in mcordma with she laws of thc state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $3(q,000 for my one person, $5op000 for my me accident and popery damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to ....aria for such compensation and insmunce. Before my of the Sellers or his contractors employees shall do my wait upon the practises of ohm, the Sella shall famish the Purchaser with a cemficate thin such coMmsaion and insurance have been provided. Such anifecates shall specify the date when such compensation and insurance have been provided. Such comficaes shall specify the dais when such compmsasion and insurance expires. The Sella agrees that such compensation and insurance shall be maintained =mil after the entire work is completed and excepted. 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby am. the entire responsibility and liability for my and all damage, loss or injury of my kind a nature whatsoever to pmons or property caused by a resulting from the execution of the work Provided fa in this purchase order or in connection herewith. The Sella will indemnify and hold hamde s the Purchaser and my a all of the Purchases officers, agars and employees Into and against my and WI claims, Ions, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by neon of any ad, action, neglect oxidation or default an the part of the Sella, my of his cantranm, or my of the Sella, or contractors offices, agora or employers. In case my suit or other proceedings shall be bought against the Purchaser, a its offices, agens or employees at my time on azcount or by reason of my act, action, neglect, omission or default of the Sella of my of his contrxctm or my of is or may offices, Marc, a employes as atoramaid, the Sella hereby agrees to asume the defense thamf and to defend the same at the Sella, own aquatic, to pay my and all cases, charges, anomeys fees and other expenses, my and all judgmena that may be incurred by or obtained queen the Purchaser or my of as a their otficas, agents a employees in such suits a other proceedings, and in case judgment or other lam be placed upon or obtained against the Property of the Pachaer, dsaid parties in or as; a exult of such suits or other proceedings, the Sella will in mce muse the mine to be issolved and doctorate by giving bond or otherwise. The Sella and his cwtrmmrs shall take all safety pccautioa, famish and install all guar& necessary for the ptwrntiou of accidents, comply with all laws and regulations with regard m safety including, ben without limimuctic the Occupations/ Safety and Health Act of 1970 and all mlet and regulations issued pursuant thereto. Revised I1/9