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HomeMy WebLinkAbout264958 LARIMER COUNTY COMMUNITY CORRECTIONS - PURCHASE ORDER - 9950298 (2)�t of Page Number: 1 Date: 12/11 /2009 BLANKET Purchase Order Number: Delivery Date: 1/12/2009 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. 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/OR SERVICES. Line Qty/Units Description Extended Price 2 1 LOT ADDENDUM TO PO #9950298 HUB FEES (REQ #36751) City of Fort CciWinyl Director of Purchasing and Risk Management This order is nQValid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com 5,607.00 Total $5,607.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000557 is registered with the Collector of Internal Revenue, Denver, Colorado ( Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 14 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications. either when shipped or due to delects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on aniva Final Acceptance. Receipt aft he merchandise, 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 that FINAL ACCEPTANC'.IF, is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO SOS_'?, unless otherwise specified on this order. If permission is given to prepay (eight and charge separately. the at height bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pares ofthe couIll y. shipment is expected fiom the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipmxnts are made fi'om greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further aerees to hold the City of Fort Collins harmless lronn:nd against all liability anti loss incurred bythent by reason of an asserted or established violation ofany such laws. regulations, ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives :le, in fact, bona fide and possess [till :mil complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance w the terms and conditionsstated herein set forth and any sLipp lennentay or additional teens and conditions annexed hereto or incorporated herein by reference. Any additional or different temps and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot stake complete shipment to anive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the little stated on the purchase order and the documents attached hereto. No acts of the PttchaSer'S including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for clannagcs as a result of delays clue to causes not reasonably foreseeable which are beyond its reasonable control and without its talk ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires. strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe tints when the Seller first received knowledge thereof. In the event ofanysuch delay, the date ofdeliver•shall be extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform evith applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work ota similar nature. The Seller agrees to hold the purchaser harmless from any loss damage or expense which the Purchaser stay suffer or incur on account ofthe Sellers breach of wanany. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as tiny be prescribed by law or by the terms of any applicable wan'anty provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting (rum innpertect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claino under this wmran[y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the lot ceoing warranties at guarantees, but such liability shall in no event include loss of profits tit 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 legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. 'file Purchaser may stake any changes to the tents, other than legal tents. including additions to on deletions fronnrhe quantities originally ordered in the specifications or drawings, by verbal o, d,,, men change order. I fatty such change aTects the amount due or the tints of perfinmance hereunder, an equitable a(di ustrncnt shall be made. 6. TERMINATIONS. The Pu chaser ti < v at any time by written change order, [enninate• this agramxm as m ally or all portions ofthe goods then not shipped. subject to any equitable adjustment between the parties as to any work or natenals then in progress provided that the Purchaser shall not be liable for any claims for anticipated pnotits ou the uncompleted portion of the goods and/or work, for incidental at, consequential damages. and that no such adjustment l>L node in favor of the Seller with respect to any goods which are the Sellers standard stuck. No such tennination shall relieve the Purchaser m the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date rile change• m termination is or(lered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to lie incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source goeefnnncnl counter" within the meaning of Article XXVIII ofthe Colorado Constitution ("An isle XXV I11'•). then the provisions of"Section 15 ofAnicle XX\'III are hereby incorporated into this [Agreement]. In such a case, if the [ContractorI or any other person who is a "contract holder" as defined in Section 2(4.5) ofAnicle XXVIII intentionally violates Section 15 at Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract. or public employment with the state of Colorado or any of its political subdivisions, tin three yews. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, at any monies due or to beconne due hereunder Without the prior Written consent ofthe other pasty. 10_ TITLE. "tile Seller warrants full. clear and unrestricted title to the Purchaser fin' all equipment, materials, and items famished in perfrrnrtnce of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances ❑nil claims ofothers. 11. NONWAIVER. Failure of the Pnr'ChaSCr to insist upon strict perfinmance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance of m paynnent for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe warranties or obligations of this purchase older and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict perf athnance hereof or any of its rights or remedies as to any such goods. regardless of when shipped, received or accepted, as to any prior m subsequent deEault hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany ofthe teens hereof. 1'_. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting tiont antitrust violations arc in Fact borne by the Iurchaser. Theretmbi c, tot good cause and ns consideration tot executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overeh;uges relating to the particular goods m services purchased or acquired by the Purchaser pursuant to [his purchase order. 13. PURCHASERS PERFORMANCE Oh SELLERS OBLIGATIONS. If the Iurchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability m unwillingness to comply [he Purchaser stay cause the work In be performed by the roost expeditious means available to it, and the Seller shall pay all costs associated with such work. Tile Seller shall release the Purchaser and its contractors ofany tier fictu all liabilityand clainos ofany nature resulting front [he perfinmance ofsuch work. This release shall apply even in the event of fault ofnegligence ofthe party released and shall extend to the directors, officers and employees of such panty. 'File Seller's conu'actual obligations. including warranty, shall not be deemed to be reduced, in anyway, because such work is perforated or caused to be performed by the Purchaser. 14_ PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, pment, trademark m copyright, the• Seller shall indenutity:and save harmless the Purchaser ti not any turd all claims for infiingentent by reason otthc use ofsuch patented design. device. material m process in connection with the contract, and shall indemnify the Purchaser tin any cost, expense or damage which it maybe obliged to pay by reason ofsuch infringement al any time during the prosecution or after the compleion oftlne work. In czse said equipment, or any pan thereofor the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment of pans, replace the sane with substantially equal but non -infringing equipment, or modify it so it becortes non -infringing. I s. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an nssignntent I,,, the benefit ofcteditors, appoint a receiver or trustee [in any of the Sellers property of business, this at may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of ne ns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under :aid govenned by the Imes ofthe State of Colorado, USA. The hollowing Additional Conditions apply only incases where the Seller is to perform work hereunder, including the services of Sellers Represenunive(s), on the premises of others. 17, SEI_LGRS RES PONSI III 1-I"1W, The Seller shall carryon said work at Seller's own risk until the same is fully completed and acceptecl, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials nod equipment are famished by others tort installation or erection by the Seller. the Seller shall receive, unload, store :and handle same at the site and[ beanne responsible thercfar as though such materials and/or e(ryipntent were being furnished bythe Seller under the order. IS. INSURANCE. "Pile Seller A fall, n his own expense, provide for llne payment ofwofkers compensation, including occupational disease benefits, to its employees employed on tit in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' mnhprehensive• general liability ineluding, but not limited to, contracttnd and automobile public liability insurance with bodily injury and death limits of at least S300,000 ter any one person. $500,000 for any one accident and property damage limit per accident of S400.000. 'file Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ol'others, the Seller shall foolish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation ,nil insurance expires. 'file Seller agrees that such compensation and insurance shall be maintained until after the entire wink is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DArbIAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by m resulting from the execution ofthe work provided for in this purchase older or in connection herewith. The Seller will indenmify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fionn and against any and all claims, losses, damages, charges at - expenses, whether (direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason ofany act. action, neglect, omission or defmrlt on the pan ofthe Seller, anyofhis contractors, or any ofthe Sellers of contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees tit anytime on account or by reason of any act, action, neglect, omission or delauh of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses. any and alljudgments that stay be incurred by or obtainedagainst the Purchaser or all), of its or their officers. agents of employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in oras a result of such suits or other proceedings. the Seller will at once cause the same to he dissolved and discharged bygiving 1pond or otherwise.'['lie Seller and his contractors shall take all safety precautions, furnish and instill all guards necessi yfor the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued purslnnl thereto. Revised 0412009