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HomeMy WebLinkAbout457496 THE OFFICE CENTER INC - PURCHASE ORDER - 9117608PURCHASE ORDER PO Number Page City Of 9117608 1 °f z ' `t Collins This number s, pa pear ` v ` 1 1�7 on all invoices, packing slips and labels. Date: 12/27/2011 Vendor: 457496 THE OFFICE CENTER INC PO BOX 1789 GREAT FALLS Montana 59403-1789 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 r00�j Delivery Date: 12/27/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 COMPUTER HARDWARE 1 LOT LS 3,665.00 CONTEX SD4450 SCANNER 2 COMPUTER HARDWARE 1 LOT LS 3,665.00 CONTEX SD4450 SCANNER 3 COMPUTER HARDWARE 1 LOT LS 3,665.00 CONTEX SD4450 SCANNER Total $10,995.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Cnlfins is exempt from state and local taxes. Our Exemption Number is 98-/W502. Federal Excise Tax Exemption Certificate of Registry 84-6000510 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet sped ficatiots, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written iasnuctions form, the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection carnival. 11. NONWAIVER. Failure of the Purchnsa to insist upon strict performance of the coons and conditions hereof, failure or delay to cxacise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the a eclorace of or payment for goods hereunder or approval of the design, shall not release the Seiler of any Of the wamnties or obligations of this purchase order and shall not he deemed a waiver of any right ofthe purchaser to insist upon strict performance hercoforany of its rights Or remedies as many such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modificntinn Or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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, Hmveva. it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, oormherges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations are in fact home 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 now have or hereafter Freight Terms. Shipments msl be F.O.B., City of Fen 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. If pamuission 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good 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 Purchaser and the Scllcr, and the Seller thereafter indicates in inability orunwillinguess to comply. the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditions means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, eenificates and licenses required by all applicable laws, regulations, ordinances and mles 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. Seller further agrees to hold the City of Fort Collins hammleas fmm 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. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complcm 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 supplcmmrumry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby njecled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance 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 of partial Into deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing 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 arc beyond its reasonable control and without its fault of negligence, ,such acts mf God, acts ofeivil or militarynuthorties, governmental primritics fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing .such delay is given to the Purchascr within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples end/or other doscriptions 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 agreas to hold the purchaser harmless fmm any loss, damage or expense which the Purchascr may sufTer ter incur on account of the Scllcrs breach ofwamnty. The Sella shall replace, repair or make grid, withrnn 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 Jeans ofany applicable warranty provided by the Seller ancr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from itupalat or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warm try. 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 aannencz or guarantees. but such Iiability shall in no event include loss of profits or loss of use. NO NM PLI ED 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 terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or urmat change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be mode. 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 pmvidcd that the Purchascr 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 am the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goad del ivcred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordcmd. S. COMPLIANCE WITH LAW. The Seller warrants 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 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 husby incorporated 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 ofthe Scllcrs failure to comply,with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr warms full, clear and unrestricted title to the Purchaser far all equipment materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cacumbmnces and claims of others. The Seiler shall mlcasc the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This mlcasc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, myoca, and employees ofsuch parry. The Seller's eontadunl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchascr. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent. nndemork or copyright, the Seller shall indemnify and save hamfess 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 at any time during the prosecution or aRcr the completion ofthe work. In case mid equipment, or any pan thcmcof 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 continue using said equipment or pans, replace the same with substantially equal but anninf-inging apupment or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seiler shall become insolvent or bankmpt make an assignment for the hcnefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pumhascr without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall panics havanda shall be constmod under and governed by the Imes ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the savices of Scllcrs Rcpmscalative(s), on the prcmiscs of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own risk until the same is fully completed and neccptcd, and shall, is case of any accident, dcstnmtion or injury to the work and/or matcrin is befam Sclla's final completion and acceptance, complete the work at Sel let's own expense and to the satisfaction of the Pumhascr. When materials and equipment are furnished by others for installation or ovation by the Seller, the Seller shall receive, unload. store and handle some at the site and become responsible thcrcfor as though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seiler shall, al his Own expense, provide 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 order. and/or to their dependents in accordance with the laws of the state in which the work is to be done The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of cat ]cast 5300.000 for any one person. 5500,000 for any one accident and prapcny damage limit per accident of S400,000. The Seiler shall likewise requite his contractors. it any, to provide for such compensation and insumncc. Before any of the Sellers or his contractors employees shall do any work Open the prcmiscs of others, the Seller shall famish the Pumhamr with a certificate that such compensation and insurance have been provided. Such catificates shall specify the date when such compensation and insurance haveban provided. Such certificates shall specify the date when such compensation and insurance aspires. The Scller 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 Seiler hereby assu arms the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to parsons or propeM caused by or raalting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harral s the Purchusa and any or all of the Purchasers officers, agents aad 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 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 Purchascr, 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 their oficas. agents or employees as aforesaid, the Seller hereby, agrees to assume the defense thacof and to defend the same at the Scllcrs own expense to pay any and all costs, charges, attorneys fca and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcas. agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property 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. furnish 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 Safetyand Ilcnith Act of 1970 and all mlcs and regulations issued pursuant thcmto. Revised 03/2010