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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9111870PURCHASE ORDER PO Number Page City Of9111870 1 of 2 ' `t Collins his number must appear ` 1 1 on all invoices, packing slips and labels. Date: 04/05/2011 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 Ship To: NEIGHBORHOOD & BUILDING S CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 04/05/2011 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Comm Liaison Jan -Jun 2011 1 LOT LS 15,844.50 Salary & Benefits Invoice #CLSF1101 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Fedrml Excise Tax Exemption Certificate of Registry 94-MM587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tears and conditions hcrcof. Eiden, or delay to IntcmaI Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, fai[tire to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the ware its or obligations of Ibis purchase order and shall net be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist opnn strict performance hercofor any of its rights or remedies as 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 hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the tams Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hercef. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITR UST CLA IMS. 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 of all appl icxble required inspection procedures. violations arc in fact home by the purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herca Rer Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust Imes for such ovcrchzrges relating to the particular goods 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 nanufneturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfomring or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafcr indicates it inability or unwillingness to comply, the purchaser shipments are made from greater distance. may cause the work to be performed by the most expa itimis means available to it, and the Sella shall pav all costs associated with such work. Permits. Seller shall precurc at sellers sole cost all necessary permit, 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 retrained by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harenless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements Authnrintion. All parties to this con", ct agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated hcrcin by reference. Any additional or di I(ercat terms and conditions proposed by seller ate objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the documens attached hereto. No act., of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this pmvision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clscwhem and holding the Seller 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 ofnegligcnce. such acts of God, acts ofeivil or military authorities, governmental priorities, rims, soikes, 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 Seller last 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 ofthc delay. 3. WARRANTY. The Seller 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 In for the purposes intended. and performed with the highest degree of cart and competence in accordance with accepted standards for wort: of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. 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 may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warrmry. Except as urbanise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits or 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 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tarns, including additions to or deletions from the quantities originally ordered in the specifications or drowings, by verbal or written change order. If any Such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the grads then not shipped, subject to any equitable adjustment to twccn 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 and/or work, for incidental or conuqucntial damages, and that no such adjustment be made in favor of the Sella with respect In any goods which are the Scllcrs standard stock. No such termination shall reline the Purchaser or the Seller ofany of their obligations ins to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. 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 Imes and regulations m which the goods arc subject The Seiler shall execute sad deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify, and hold the Purchaser harmless from all casts 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 become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants 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 Seiler shall release the Purchaser and its contactors of any tier form all liability and claims of any nature resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oBiccrs and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any 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 Purchaser for any cost, 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 or parts. replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemrs used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be enamored under and governed by the laws ofthe State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcprescntative(s), on the premises ofotters. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case ofany accident destruction or injury to the work and/or materials before Scllcr's f mnl completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumhaxcr. When materials and equipment are furnished by others for installation or erection by the Seller, the Seiler shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oecnpational disease benefits, to its employees employed on or 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limit of m least S300,000 for any one person. S500,01u0 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ccrtificatc 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 what such compensation and insurance expires The Scllcr ngmes that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, ruction, negiech omission or default on the pat of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller ofany of his contractors or any of its or Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same tit the Sellers own expense, to pay any and all costs charges, attorneys Res and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed area or obtained against the property ofthe Purchaser, or said panics in or as a result of such snit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors 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 Safety and fleallh Act of 1970 and all roles and regulations issued pursuant theme. Revised 03/2010