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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9111664PURCHASE ORDER PO Number Page City of PURCHASE 9111664 ' °f z `t Cottin This number must appear on all invoices, packing slips and labels. Date: 03/22/2011 Vendor: 102622 POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS Colorado 80521-2297 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 FLOOR FORT COLLINS Colorado 80521 Delivery Date: 03/22/2011 / Buyer: JAMES O'NEILL Note Line Description Qua ty UOM Unit Price Extended Or red Price 2011 PSD PEG Distibution 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fmit Collins is exempt fmm state and Imad taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS RUECTED title to failure to meet specifications, either when shipped or due to defector damage in transit may be returned In you for credit and arc not to be reptaccd except upon receipt of written instmdions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NON WAI V ER. Failure of the Purchaser to insist upon strict performance of the terms and conditions heron[ failure or delay to exercise any rights or remedies provided herein or by law, fxiture to promptly notify the Scllcr in the event of a breach, the acceptance %for payment for goods hereunder or approval of the design, shall not release the Scllcr of any of the warranties or obligations of this porchasc order and shall not be deemed a w, ivcr orally right of the purchaser to insist open strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to anv prior or subscgacut default hereunder, nor shall any purported mml modification or rescission of this porchasc order by the Purchaser operate as a waiver of any of the terms 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 antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore. for good cause and as consideralion for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or herca0cr Freight Tems. Shipments all be F.O.B.. City of Fort Collins, 700, Wood St, For Collins, CO 50522. unless acquired under federal or state antitrust laws far such mereharges relating to the particular goals or services otherwise specified on this order. If pemission 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 invoira, Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OIILIGA'I'IONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is [film Purchaser directs the Scllcr in correct nonconforming or defective goods by a date to be agreed upon by The expected front the remelt distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inahility or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associmcd with such work. fiction, Seller shall procure at sellers sole cost all necessary pemmils, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the 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. Scllcr further agree, to hold the City of Fort Collins Moral fmm and against all liability and Ina incnrrcd by them by reason craft asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Autherfzmion. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authenry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The Isms and conditions slated hcrcin set forth and any supplementary or additional mmis and conditions annexed herein or incorporated herein by reference. Any additional or different iemw and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivers, date as noted. Time is of the essence Delivery and performance most be effected within the Time stated on the purchase order and the documents attached heoo. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries shall operate as a waiver of this prevision. In the event wfany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays due To causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcncc, such acts of God, acts ofcivil 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 of the time when the Scllcr 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 reason write delay. ),WARRANTY. The Scllcr warrants that all good. 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 cam and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold The purchaser hamlcsa frem any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of sxamnty. 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 Terns crony applicable wamnty provided by the Scllcr after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect for defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchnscr shall not constitute a waiver firmly claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamatics or guarantees, but such liability shall in no went include loss of profits or less 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal teams, including additions to or deletions front the quantities originally oMered in the specifications or drawings, by verbal or written change order. If any such change affeeis the amount due or the time of perfnmmnce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminate this agreement as to any or all portions of the goods 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 not be liable for any claims for anticipated profits on the uncompleted portion of the goods forger work, for incidental or consequential damages. and that no such adjustment be made in furor of the Scllcr with respect to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or temtinalion is ordered, S. COMPLIANCE WITH LAW. . The Scllcr 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 Scllcr shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamlcsa fmm all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies due or to become due hereunder with ail the prior wrincn consent of the other parry. 10. TITLE. The Scllcr veamats full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims armor manure resulting fmm the performance crotch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees ofsuch parry. The Scller's contractual obligations, including wammy. shall not he deemed to be reduced, in any way, because .such work is perforated or caused to be performed by the Purchaser. 14. PATENTS, Whenever the Scllcr is required to use any design. device, material or process covered by letter. patent. trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from anv and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract. and shall indemnify the Purchawr for any coat. 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 of the work. In case said equipment. or any pan thereof or The intended use of the good, is in such still held to consnitam infringement and the use Of said equipment or part is enjoined, the Seller shall, at its own expense and an its option, either procure for the Purchaser the right to continue rising said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall bceome insolvent or hankmpn, make an assignment for the benefl of eredi om, appoint a receiver or trustee for any of the Sellers property or bmcineso. this Order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Isms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Calomda. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofScllers Repmsentative(s). on the premises efolhers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is filly completed and accepted. and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's rural completion and acceptance, complete the work it Seller's own expense and to the satisfaction of the Purchzwr. When nhmcrials and equipment are famished by others for installation or erection by the Seller. the Scllcr shall receive unload, store and handle same it the site and become responsible therefor as though such nmterials and/or equipment were being famished by the Scllcr under the order. 19. INSURANCE. The Scllcr shall, at his own expense. provide for the payment of workers comprncilion, including occupational disease benefit,. to its employees employed on or in connection with the work covered by This porchasc order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including. bill not limited to. contractual and automobile public liability insurance .with biddy injury and dmth limits oral Icasm $300,000 for any one person, $500.000 for any ,one accident and properly damage limit per accident of $400.000, The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall de any work area the premises off lmrs. the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such certifiemes shall specify the date when such compensation and insurance expires The Scllcr agrees that such ewmpensntin t and insurance, shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury crafty kind or nature whatsoever to persons or property caused by or resulting front the execution Ofthe work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indcnmify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claim,. losses, damages. charges or expenses, whether direct or indirect, and whether In persons or property to which the Purchaser may be put or subject by rca%on of any act, action, neglect. omission or default on the part of the Scllcr. may of his contractors, or any of the Scllcr, or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser. or its offers, agents or employees at any time tin acemmt or by reason of any act action, neglect, omission or default of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the sea me at the Sellers own expense, to pay any and all costs, charges attorneys fees and other expenses any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their olBecrs. agents or 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 Or as a result of such suits or other proceedings. the Scllcr a ill of once cause the same to be dissolrcd and discharged by giving bond or otl¢nvise. The Scllcr and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safcty and l Icalth Act of 1970 and all ones amd regulations is tied pursuant thereto. Revised 03/2010