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HomeMy WebLinkAbout120791 COMMUNITY FOUNDATION OF NORTHERN COLORADO - PURCHASE ORDER - 9102076PURCHASE ORDER PO Number Page City of 9102076 1 of 2 Fortt Collins This number must appear 1 , on all invoices, packing slips and labels. Date: 04/21/2011 Vendor: 120791 Ship To: CITY MANAGER COMMUNITY FOUNDATION OF NORTHERN CITY OF FORT COLLINS COLORADO 300 LAPORTE AVE 4745 WHEATON DR SUITE 100 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 04/19/2010 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT EA 1,000.00 Total $1,000.00 U 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 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 Fan Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIV ER. xnl f 502. Fedcml Excise Tax Exemption Certificate of Registry 84-MOO587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms 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, the acceptance ofor payment for goods hereunder or approval of the design, shall 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 warn a ics or obligations of this purchase order and shall not be deemed a waiver Of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrenfor any of its rights or remedies as many such goods, regardless instruetiorts from the City of Fart Collins. of when shipped, received or accepted. as to any prior or subsequent default Immunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are 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 pan 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdam, violations are in fact bare by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase ntdcr. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges tainting to the particular goods or services Otherwise specified on this order. If permission is given to prepay freight and charge separately, the origin,,] freight purchased or acquired by the Purchaser poomant to this purchase Order, bill must accompany invoice. Additional charges for pocking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted From Invoice when Purchnscr mud the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall immure at sellers snit, cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where Cho 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 firm and against all liability and lose incurred by them by reason of an asserted or established violation of any such laos, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives ore, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foul and any supplementury or additional terms and conditions annexed hereto or incorporated hercin by reference. Any additional or different tern and conditions proposed by seller arc objected to and hereby reiected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to serve no your premised delivery date as noted. Time is of the csence. Delivery and performance must be effected within the time stated an the purchase order and the documents anxched hereto. No acts of the Purchasers including, w'ilhmn limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Ptirchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howsver, the Seller shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities Gres, strikes, food, epidemics, oars 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 del ivory 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 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 harmless from any Ios, damage or expense which the Purchaar may suffer or incur on account of the Scllcrs 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 tames 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 warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimamly caused by the branch of nny of the foregoing warranties Or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terms, other than legal terms, including additions to or deletions Form the gmantics originally entered in the Spccificmtoas or draw top. by verbal m wriucn change order. If any such change affects the amount due or the time ofperfnrmence hereunder, an equitable adjustment shall be madc. fi. TERMINATIONS. The Purchnscr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any aquitablc adjustment between the panics as to any work or materials then in progress pmvidcd 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 consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asermil within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrente that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and 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 costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due nr to become due heramder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and arms iticted title to the Purchaser for all equipment, materials and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances cad claims Tothers. The Seller shall release the Purchnscr and its contractors of anv tier fmm all liability and claims of one nature resulting from the performance ofsaich work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Scllcrs contractual Obligations including w'amary, shall not be deemed to be reduced. in any way. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Wlmnever the Seller is required to use any design, device, material or pmcca crrverttl by letter, patent, toidemnrk Or copyright, the Seller ,shall indctnnify and save harmless the Purchaser from any and all claims for infringmncnt by reason of the use of such patented design, device, material or process in connection with the commet, and shall indemnify the Purchaser for any cost. expense Or damage which it may be obliged to pay by rcaen 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 goods is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Scllcr shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, 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 benefit of creditors appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hcrcundcr shall be construed under and governed by the laws of the 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 Repmsentativc(s), on the premises of others. 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 ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Shccr's turn expense and to the smisf,+etion of the Purchaser. When materials and equipment are famished by miners for installation or erection by the Seller, the Seller shall receive. unload. store and handle same at the site and become responsible thcrcfor as though such oumcria]s and/or equipment were bring furnished by the Seller under the order. I S. INSURANCE. The Seller ,hall, at his turn expense, provide for the payment of workers compensation, including occupational disease benefits, to its emplovees 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 Scllcr shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bra ily injury and death limits Of at least S300.007) for any one person, S500.IX0 for any one accident and pmperty damage limit per accident of S400.000. The 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 anv .cork ninon the premixes Ofothers the Scllcr Shall famish the Purchaser with a certifrute that such compensation and insurance have been provided. Stich eer ifieams 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 nmiatained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respunsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmperty, caused by or resulting fmm the execution of the work pmviried for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlcs the Purchaser and any in, at] of the Purchasers officers, agents and employees Form and against any and all claims, losses. damages, charges or expenses, whcthcr direct or indirect. and whether to persoas or p xper y to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Set let, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In use any snit or other p ucced ings shall be brought against the Purchnscr, 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 of any of his contractors or any of its or the it Officers. agents or cnployces as afnrem id. the Set let hereby agrees in 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 expeums. any and all judgments that may be incurred by or obtained against the Purchnscr or any of its or their officers, agents or employees in such no., or other proceedings, and in case judgment or tuber lien he placed upon or obtained against the mopeuy of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othcmisc. The Scllcrand his contractors shall take all safety precautions fumish and install all gmrdv necessary for 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 roles and regulations issued panomat thereto. Revised 03/2010