Loading...
HomeMy WebLinkAbout289759 LARIMER COUNTY CLERK & RECORDER - PURCHASE ORDER - 9117521PURCHASE ORDER PO Number Page City of 9117521 1 of 2 ' `t Collins This number must appear �.I " 1 on all invoices, packing slips and labels. Date: 12/20/2011 Vendor: 289759 Ship To: CITY CLERK LARIMER COUNTY CLERK & RECORDER CITY OF FORT COLLINS ELECTIONS OFFICE 300 LAPORTE AVE c/o THAD PAWLIKOWSKI CITY HALL WEST - 1ST FLOOR PO BOX 1547 FORT COLLINS Colorado 80521 Delivery Date: 12/20/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price November2011 Election 1 LOT LS 16,125.45 Fort Collins Share 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: $16,125.45 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and Inca) taxes. Our Euemption Number is 11. NONWAI VIER. 98-04502, Federal Excise Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hercoL failure or delay to latemol Rcvenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidcd basin or by lax, 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 .apccificatioos, either when shipped or due to defers of any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit, may be returned to von for credit and arc not to be replaced except upon receipt of wrincn parchner to insist apan .strict performance hercoforany of its rights or remedies its to anv such goods, rceardless instrvctions fmm the City fFon Collins. of when shipped, received or accepted, it., In any prior or subsequent default hereunder. nor shall any purported oral 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 Fan 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 actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact hone by the Pnrchnser. Theretofore, for good cause and as considemtina for executing this purchase aide,, the Seller hereby assigns to the Purchaser any and all claims it mov now hoc or hereafter Freight Trans. Shipments must be F.O.B.. City of Fan Collins. 700 Wood St, Fell Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges mlating 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 Pnrchnser pursuant to this purchase order. bill must accompany in, nice. Additional charges for packing will not be accepted. 13. PURCI IA S ERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuficturcrs 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 from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Pit rchnser and the Seller, and the Set ter thereafter indicates its inabil iry or unwillingness to comply, the Purchaser shipments are made fmm 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 x'ith such work. Permits. Seller shall procure at sellers sale critic all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority halving jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rates and requirements. Authorization. All parties to this concoct agree that the representatives am, in fact. bona fide and possess fall and complete anthorry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tells and conditions stated herein set Such and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or differcu t toots and conditions pmposcd by sdleram objected to and herchy 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 perfomance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial Irate deliveries, shalt operate as a waiver ofthis provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable fir damages. However, the Scllcr shall not be liable far damages as a result of delays due to causes not reasonably fate a riblc which are beyond its reasonable control end without its fault afncgligcncc such aeu of Gad, acts ofcivil or military authorities governmental priorities. fires, strikes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pucehaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the dree of delivery 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 fnl 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 fmm any loss, damage or cxpcnsc which the Purchaser may stiffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cost to the Purchaser. any ddvects at Saul¢ arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnry provided by the Scllcr after the date of acceptance of the goods famished hereunder acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of gaxts by the Purchascr shall not constitute a other of anv 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 array of the foregoing wammies or guarantees, but such liability shall in no event include loss of profits or loss of inw. 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 terms, other than legal toms, including additions to or deletions facto the gmmities originally ardered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance 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 portions of the goods then not shipped, subject to any equitable adjustment bdwcen the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated pmfits 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 go ds which am the Scllcrs standard stock. No such termination shall rclim'c the Purchaser or the Seller of any of their abl igations as to any goods del is cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thim (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts 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 Seller shall execute and deliver Stich documents as may be required to effect arevidenec compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtlest fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 10. TITLE. The Seller worm. ads full. clear and unrestricted title to the Purchascr for all equipment, materials and items famished in performance of this agreement, free and clear of any and all liens, restrictions, racrvations. security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any net fmm all liability and claims of any nature resulting from the performance ofsueh 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 of such parry. The SCIIcnx contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pnrchnser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by tract. patent, ttadcmark or copyright. the Scllcr shall indemni( and save broadest, 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 mov be obliged to pay by reason of such infringement it 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 pan is enjoined, the Seller shalh at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the same with wbstantially equal but noninfringing equipment, ormalify it sa it becomes naninfringing. 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 he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions ofterms used or the intcipremtion ofthc agreement and the rights of ill panics hereunder shall be construed under and governed by the laves ofthe State of Calomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsenmtive(s), on the premises of.thers. 17. SELLERS RFSPONSIBILITY. The Scllcr shall carry on said work at Sellcr's oven risk until the time is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and ,acceptance, complete the work at Seller's own expense card to the satisLaction office Purchases When materials and equipment are furnished by others for installation or erection by the Seller, the Scllcr shall receive, unload. stare and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. 18. INSURANCE. The Seller shall, no his own cxpcnsc, provide for the payment of workers compensation. including occupational disease berefits, to its employees employed no or in connection with the work covered by this porchrse order. and/or to their dependents in accordance with the Imes 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 limits of at (cast S300,000 for any one proton, S500,000 for any one accident and property, 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 contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchascr vrich a ccttificme that Stich compensation and insurance have been provided. Such certificaess 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 he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnme%the entire responsibility and liability for any and nil damage, loss or injury of any kind or nature whatsoever to persons or pmpcny caused by or resulting from the execution ofthe wok provided for in this purchase onicr or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any at all of the Purchasers omccrs, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsons or property to mhich the Purchaser may be put or subject by reason of any act, action, ncgl¢t omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors oBiecrs. agents or employees. In case any suit or other proceedings %hall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect, ouu%. ivm or default of the Seller of any of his contractors or any of its or their officers. agents or employees is aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Seller; own expense, to pay any and all costs, charges, anomevs fees and other expenses, any and all judgments that may be ineumd by or obtained against the Purchascr 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 upon or obtained against the property of the Purchaser, at said panics in or as a result of such suits or other proceedings, the Seller will at once cause the saute to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all .safety precautions, furnish and install all guards necessary for the prcvention 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 talcs and regulations issued pursuant thereto. Revised 03/2010