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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9111663City of wort Collins PURCHASE ORDER Date: 03/22/2011 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 PO Number Page 9111663 1o12 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 IAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 03/22/2011 Xuyer: JAMES O'NEILL Note: Line Description Quantity OM Unit Price Extended Ordered Price 2011 CSU PEG Distribution 1 LOT LS 15,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total $15,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Te ms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By .Statute the City of Fart Collins is exempt from state and local taxer Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tens and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, t e acceptance of or payment for good,, hereunder or approval of the design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warm Mies or obligations of this purchase oiler and shall not be deemed o w:uiver of any right of the damage in transit, may be rcmrned to you for credit and are not to be replaced except upon receipt of wriucn mmhnscr to insist upon strict performance Ierenf or any of its rights or rcmcdics ns to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default her under, nor shall any porponed not modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the forms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.H., City of Fort Collins. 700 Wood St. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good, or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manOmetvrers have distributing point, in v.He., parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a Ante to be agreed Open by the expected from the nearest distribution point to destimomn, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller lhcrcaflcr indicates its inability or unwillingness In comply. the Purchaser shipment, are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs tssocimcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable tars, regulations. ordinances and rates 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 agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Anthorization. All parties to this contract agree that the representatives arc, in fact bout fide and possess full and complete authority to bind said partios, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions .stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery, date as noted. Time is ofthe essence. Delivery and Pcrformaec must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchnsets including, without limitation, acceptance Mpanial late dctivcrics, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to cosecs not reasonably foreseeable which arc beyond its reasonable control and without its fr It ofnegligenec. such acts of God, acts ofeivil or military authorities, governmental priorities, firs, strikes, flood, epidemics. ears or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seiler warrants that all goods, articles. materials and work covered by this order will conform with 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 of a similar nature. The Seller agrees to hold the purchaser hamlcs, from any loss damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamrty. The Scllcr 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 may be prescribed by law or by the toms ofany applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnry. Except as otherwise provided in this purchase order, the Sellers; liability hers unda shall extend to all damages proximately tamed by the breach of any of the foregoing warranties or guarmuces. but .such liability shall in no event include loss ofpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CIIANGES IN COMMERCIAL, TERMS. The Purchaser may make any changes to the terms, the, than Iceal terms, including additions to or deletions from the quantities originally ordered is the specification, or drawings, by verbal or wriucn change ender. If any such change affects the amount due or the time ofpaformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall net be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor Of the Seller with respect to any good, which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any emim for adjustment must be as,encd within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such doeumcots as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to beoome due hereunder without the prior written consent of the other parry. 10. TIT LE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment mnteria is and items fumishcd in performance of this agreement. free and clear of any and all liens restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shell release the Purchaser and its contractors of any tier from all hab i limy and claims of any nature resulting from the performance ofsteh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. off ieers and employees of such party. The Seller's contractual obligations, including e:am,my, shall not be deemed to be rcduccsl, in any way, because such work is performed or caused to be performs,l by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent tmdenmrk or copyright the Seller shill indemnify and save ham Ices the Purchaser from any and all Omits for infringement by reason of the use of such patented deign. device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or dnnmge which it may he obliged to pay by reason of such infringement m any time during the prosecution or nner the completion of the work. In case said equipment, or any pan thereof Or the intended use of the goods, is in such suit held to cousfinac infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal her nooinfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions of IcrmS used or the interpretation of the agreement and the rights Of all parties hereunder shall be consumed under and governed by the lows ofthe State of"Colorado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(%). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sellershill tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's fiml completion and acceptance. complete the work at Seller's Own expense and to the satisfncfion of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall roccive, unload, store and handle same at the site and baomc resfensiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disca,c bcncfts to its employees employed on or in connection with the work covered by this purchasc order. and/or to their dependents in accordnnro with the lows of the state in which the work is to be done. The Seller shill also carry comprehensive general liability including, but not limited to, contraetunl and automobile public liability in surnnce with bodily injury and death limits Of at least S300,000 for any one person. S500.000 for any one accident and property, damage limit per accident of S400,000. The Seiler shall lik %vise 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 pmmiscs of Olhers, the Seiler shall furnish 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 and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until afcr the entire work is completed and accepted. 19. PROTECTION AGA INST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire respnnsibility and liability for any and all damage, loss or injury ofany kind or name whatsoever to persons or property caused by or resulting from the excanion of the work provided for in this purchase order Or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers omccrs, agents and employees from and against any and nil elnins, losses. damages. charges or expenses, whether direct or indirect, and whclhcr to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pnrr Of the Scllcr, any of his contractors, or any of the Sellers or contractors nlLecrs, agents or employees. in case any suit or other proceedings shall be brought against the Purclmscr, or its officers, agents or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller ofany of his contractors or any of its or ihcir ofmcm. agents or employees as aforesaid, the Seller hereby agrccs to assume the defense thereof and to defend the more at the Scllcrs Oven expense, to pry any and all costs, charges. attorneys fees and other expenses. any and all judgments that may he incurred by Or obtained against the Purchaser or any of is or their officers. agents or employees in such Suits Or other proceedings, and in case judgment or other lion be placed ONO or obtained against the pmperty ofthe Purchaser, or said panics in or as a result of such suits or other procecings. the Seller will at once cause the more to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all laws and fegulaions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Rcviwd 03/2010