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HomeMy WebLinkAbout167150 SUSAN DAILEY - PURCHASE ORDER - 9110622City of F� F6r-t Collins Date: 12109/2011 Vendor: 167150 SUSAN DAILEY 140 S HOLLYWOOD FORT COLLINS Colorado 80521 PURCHASE ORDER PO Number I Page 9110622 1012 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS Colorado 80521 Delivery Date: 01/25/2011 Buver: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order No. 1 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 1 LOT EA 750.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04302. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pnfnmancc of the terms and conditions hereof. failure or dclav 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 ncecpnnnce 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 warranties or obligations of this purchase order and shall not he 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 w'riven purchaser to insist upon strict performance haeofor any ofits rights or remedies as to any such goods, regardless instn¢tions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne 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 new have on ccreaRcr 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 relating to the particular goods or services otherwise specified on this order. U pmnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing 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 Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to he 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 thereafter indicates its inability or unwillingness to comply, the Purchaser shipments me 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 associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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. Sella 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, rules and requirements. Authorivtion. All parties to this contract agree that the representatives arc, 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 forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 ofthc essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Pumhawr shall have, in addition to other legal and equitable rcmci ia, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a mult of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence such acts of God, acts of civil or military authorities, governmental priorities, foes, 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 Seller for 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 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 he fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthc Sellers breach of wamnty The Sella shall replace, repair or make good, without cost to the purchaser any defects or faults arising within one (I) yrrr or within such longer period of time as may be prescribed by Iry or by the tome of any applicable warranty 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 good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchaw order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warmmies or guarantees, but such liabilityshall in no event include loss ofpmfts or Ions ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY 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, otba than level terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or vriucn change over. If any such change affects the amount due or the time ofperfamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change over, terminate 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 and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the purchaser or the Sella ofany of their 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. B. COMPLIANCE WITH LAW. The Seller warrants that all good sold hemanda shall have ban produced, said. delivered and furnished in stria 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 ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this over, or any monies due or to became due hereunda without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clearand unrestricted title to the Purchaser for all equipment materials, and items furnished in palomance of this agreement, free and dear of any and all liens. restrictions, reservations, securiry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, omcers and employees ofsuch parry. The Selle's contractual obligations. including warranty, shall not be dcemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Idler, patent, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the aw 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 alter the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, nI its own expenxc 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 noninfrfnging. 15, INSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver m trustee for any of the Sellers property or business, this order may forthwith he canceled by the Pareha er without liability. 16. GOVERNING LAW. The definitions fterms, used or the interpretation ofthe agreement and the rights ofnll panics hereundershall be consumed under and govcmed by the Imes ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the wrviccs of Sellers Reprewntative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Sellashall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in caw of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment am furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase over, and/or to their dependents in accordance with the laws of the state in which the work is to be done The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S306.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a ecnificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eeni6eates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby assumes the entire responsibility and liability for any and all damage, loss m injury of any kind or nature oh osoeva to persons or property causal by or resulting from the execution ofthc 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 agduycca from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or proper to which the Purchaser may be put or subject by reason of any net, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case 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 of any of his contactors or any of its or their omcers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the some 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 officers. agents or employees in such suits or other proceedings, and in caw 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 ohm 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 Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 032010