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HomeMy WebLinkAbout131291 RIA CORPORATION - PURCHASE ORDER - 9112894PURCHASE ORDER. PO Number Page City OfCollins ��� 9112894 t of z `t COI` lI n �+J This number must appear on all invoices, packing slips and labels. Date: 05/23/2011 Vendor: 131291 RIA CORPORATION 1615 W 2200 S SUITE B SALT LAKE CITY Utah 84119-1437 Ship To: PURCHASING DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 05/20/2011 Buyer: ED BONNETTE Note: SHIP TO CITY OF FORT COLLINS 300 LAPORTE AVE. FORT COLLINS, CO 80521 ATTN: CARSON HAMLIN Line Description Quantity UOM Unit Price Extended Ordered Price COUNCIL CHAMBER EQUIP 1 LOT EA 30,976.00 PER CARSON HAMLIN QUOTE PIGGYBACK ON LARIMER COUNTY BID #10-24 AWARD TO RIA CORP. PER LARRY ROBERTS QUOTE. C3 O✓le�-nQ�L City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 $30,976.00 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 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from start and local taxis. Our Exemption Number is 11. NONWAIVF.R. 99-011502. Federal Excise Tax Exemption Ccni&,ate of Registry 84.6fh105S7 is registered with the Collector of Failure of the Purchaser to insist upon mitt performance of the terns and conditions hereof, failure or delay to Internal Revenue. Denver, Colomdo (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hercin for by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder curapproval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnties for obligations of this purchase order and shill not be domed a waiter of ary right of the damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of wrincn purchaser to insist aeon strict Performance haceforzny of its rights m remedies as to any such goods, regardless instruction, from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any putpened oral modification or rescission of this purchase order by the Purchaser operate as o waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. list 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. Iloncvcq it is to he 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 me in fact borne by the Purchnscr. Theretofore, for good cause and as consideration for execming this purchase mace the Scller hereby assigns to the purchaser any and all claims it may not have on ccreancr Freight Terms. Shipments mast be F.O.D., City of Fort Collins, 7M1 Wood St., Fort Collins, CO 90522, unless acquired under fcdcral or state antitrust lows for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchuscr pursuant to this purchase onler. hill must accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from In%nice when shipments arc made from greater distance. Permits. Seller shall Venture at sellers sole cost all necessary panties. eenifcates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision what the work is Performed, or required by any other duly constituted public authority having jurisdiction over the ,fork of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability. and toss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordina34s. ndcs and requirements. P Authorization. All panics to this contract agree that the representatives arc, in fact, been fide and poss complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and condi hercin set forth and any supplementary or additional terms and conditions annexed heron or incorporate reference. Any additional or different terns and conditions pmposed by seller arc objected to and hereby 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to an Promised delivery date as noted. Time is of the es,coec. Delivery and p ufortmnec most be effected will stated on the purchase order and the documents attached hereto. No nets of the Purchasers includi limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event o the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this ordc and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a rest due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of such acts of God, acts fcivil or military authorities. governmental peonies. fires, strikes, food, cpide. riots Provided that notice of the conditions causing such delay is given In the Purchaser within five (5) time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcliv extmded for the period equal to the time actually lost by reason of the delay. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. The Pnrchaser directs the Seller to correct reaconfamhing or defective goods by a date to be agreed upon by the Purchuscr and the Scller.and the Seller thereafter indicates its inability Of unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it. and the Seller shall pav all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from ill liability and claims of any nature resulting from the Performance of such work. This release shill apply even in the event of fault of negligence of the Party released and shall extend to the directors, officers and employees ofsuch party, full and The Selleis contractual obligations, including wntmnty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be perfomwd by the Purchuscr. stater( rein by 14. PATENTS. eted. Whenever the Seller is required to use any design, device, material for process covered by letter. patent trademark or copyright, the Seller shall indemnify and save harndcss the Purchnscr from any and ill claims for infringement by reason of the use of Ruch pmenmd design, device, material or process in connection with the contract, and on your shill indemnify the Purchaser for any cost expense or (]image which it may be obliged to pay by reason or,such he time infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or without any part thereof for the intended use of the goods, is in such suit held to constitute infringement and the use of y delay, said cquipmcm for pact is cnjoincd, the Seller shall, at its own expense and at its option, either procure for the :cwhcrc Purchaser the right to continue using .said equipment or pans, replace the same with substantially equal hot f delays noninfringing equipment, or modify it so it becomes noninfringing. warsm 15. INSOLVENCY. s of the If the Seller shall become insolvent or hankrad. make an assignment for the benefit of creditors, appoint a shall be receiver or ,nee for any of the Sellers property or business. this order may forthwith be canceled by the Purchascirw thein liability, 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, munples 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 Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser 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 defect or faults arising within one (1) year for within such longer period of time as may be prescribed by law or by the tans of any applicable warranty provided by the Scllcr after the date of aeecpmnee of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done no materials famished by the Seller. Acceptance for use of goods by the Purchaser shall not constitute n waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach affray of the foregoing wmmntics or guarantees, but such liability shall in no event include loss of profits or loss of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal unions by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchnscr may make any changes to the terms, other than legal tans, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by ved+nl for .wrincn change order. if any such change affects the amount due or the time ofpafomtancc hcrcundcr, an equitable adjustment shall be nrdc. fi. TERMINATIONS, The Purchaser 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 equitable adjustment between the parties 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 consequential damages. and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Sellers, standard stock. No.such termination shall relieve the Purchnscr or the Seller ofany oftheir 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 the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants 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 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 be incorporated in agreements of this character are hereby inmgmrated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha party shall assign, transfer, or convey this order, or any manics due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumishcd in performance of this agreement, free and clear of any and all turns, restrictions. rescrvntions, securily interest encumbrances and claims of athc,,. )a' 16. GOVERNING LAW, The definitions of temps used for the interrectation ofthc agreement and the rights nfall panics hcrcundcr shall be convicted under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpresentutivc(s), on the pouniscs efothers. 17. SELLERS RESPONSIBILITY. The Seller shall entire on said work at Seller's own risk until the snore is fully eonnplmed and nccci is d, and shall, in case of any occident. dwtmalien or injury to the work and/or nmtcrials before Seller's final completion and acceptance, "oplete the work at Scller', o n expense and to the satisfaction of the Purchnscr. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such ntnefiols and/or cquipmcm were being furnished by the Seller ender the order. IS. INSURANCE, The Seller shall. at his non expense provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered be this Purchase orde, andler to their dependents in accordance with the lams 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 in,nirwe w'ihh bMily injury and death limits of at least S200,000 for anyone person. S500.000 for any one accident and propene damage limit per accident of S400.000. The Seller shall likewise require his eom.acmrs, 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 of others, the Scllet shall donnish the Purchaser with a certificaty that such compensation and insurance have been provided. Such ccnificres 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 Seller agrees that such compensation and insurance shall be maintained until after the entire wart, is completed and accepted. 19, PROITEC'1'ION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby asunies the entire responsibility and liability for any and all damage, loss or injury of env kind or nature whatsoever to persons for property, causal by or resuhing from life execution of the work provided for in this Purchase eclectic in connection herewith. The Seller will indcnnrify and hold harmless the Purchnscr and any or all of the Purchasers nmecs, agent, and employees from and against tiny and all claims, losses, damages, charges for expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pal or subject by reason of any act, action, neglect omission for default on the part of the Seller. any of his contractors, or anv of the Sellers or contractors officers, agents or employees. in case any suit or other proceedings shall be brought nerviest the Purchnsc, or its officers, agents for cmployev, at any time on a¢mmt or by reason of tiny net, action, neglect, emission or default of the Seller of any of his contractors or any of its or their omens, agents or employees as aforesaid, the Seller hereby agrees In assume the defense thereof and to defend the same at the Sellers own expense. to pre any and all costs. charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pnrchaser or any of its or their officers, agents or employees in such snits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said panics in for as a result of such snits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond for otherwise. The Seller and his contractors shrill take all safety precautions, famish and instill all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to surety including. but without limitation, the Occupatinnul Safety and Ilcalth Act of 1970 and all rate, and regulations issued pursuant thcrcto. Revised 03/2010