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HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9117532City of art Collins Date: 12/20/2011 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** PO Number Page 9117532 1of2 This number must appear on all invoices, packing slips and labels. Ship To: NEIGHBORHOOD & BUILDING S CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS Colorado 80521 Delivery Date: 12/20/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Green Code Amendment Training Classes 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 1 LOT LS 5,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVF.R. 98-0W501 Federal Excise Tax Exemption Certificate of Registry 846000587 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 Stamms 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the Went of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiscr of any right of the damage in transit may be rammed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon .strict performance hemefor any ofits rights or remedies as to anv 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 war modification or rescission of this purchase order by the Pamhascr comic as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hmegf. 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 from antitrust ACCEPTANCE is dependent upon completing 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 non have or hercafier Freight Terms. Shipments must be F.O.B., City of Fnn Collins, 700 Wood St., Fort Collins. CO R0522, unless acquired under federal or state antitrust laws for such overcharges 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 manufacturers have distributing points in various pans 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 distribminn 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 are made from greater distance. may cause the work to be performed by the recast expeditious means available to it and the Scllcr shall pay all costs zssocimcd with such work.' Permits. Seller shall pgscum at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision w'hmt the 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 Fear Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, roles and requirements. Amharimtion. All panics to this contract agree that the representatives are, in fact. bon, fide and possess full and complete authority, to bind said parties. LIMITATION OF TERMS. This PumImw Order expresdv limits acceptance to the terms and conditions stated herein set fnnh and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional ordiBcrctt terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 documents agached 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 army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere 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 are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, firs, 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 first received knowledge thereof. In the event of any such delay. the date of dclivcn' shall be extended for the perin l equal to the time actually lost by reason ofthe delay. i. WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and compatcnce in accordance with accepted standard 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 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 of any applicable warmory provided by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not eonstinne a 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 of any of the foregoing warranties or guarantees, but such liability shall in no event include Its., of profits of loss of use. 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, other than legal terms, including additions to of deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomancc hereunder, an equitable adjustment shall he franc. 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 between the panics as to any work or materials then in progress provided that the Purchaser shot] 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 good which are the Sellers standard stock. No such termination shalt relieve the Purchaser or the Seller ofany ofthcirobligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment moat be asscncd 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, said. delivered and famished in strict compliance with all applicable laws and regulations to which the grads 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 arc hereby incorporated hmcin 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 parry shall assign, tan fer, 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 Scllcr warrants full, clear and arms unclad 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 mhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dimclers. officers and employees of such party. The Seller's contractual ohligations, including warranty, shall not be deemed to be reduced, in any way, hawRixe 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 letter, patent, trademark of 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 al 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 pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to coutinuc using said equipment or parts replace the some with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the heneflt of creditors. appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofrcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under,nd governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the saniccs cf Scllcrs Rcpmscrila ve(s), on the premises ofothcrs. 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 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 expert c and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or coming by the Seller. the Seller shall receive. unload. store and handle mom at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller undn the order. I R. INSURANCE, The Seller shall. at his own expense, pmvide for the payment of workers compensation, including occupational disease beactits, In its cm pluyecs cnmpinycd on or in connection with the work covered by this purchase ruder. and/or 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 gememl liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 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 contractors, il'.any, to pmvide for such compensation and insurance. Before any of the Sellers or his comments employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been falsified. 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 xssumcs the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution offl a work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold taintless 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, action. neglect omission or default on the pan of the Scllcr, any of his convention. or anv of the Sellers or contractors olFmcm. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employers 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 their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the aemc at the Sellers own expense, to pay any and all costs, charges, anomcys 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty 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 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 Han lth Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010