Loading...
HomeMy WebLinkAbout116940 BLOOMBERG L P - PURCHASE ORDER - 9120013City of �,.For_t Collins Date: 01/04/2012 PURCHASE ORDER Vendor: 116940 BLOOMBERG L P 499 PARK AVE 9TH FLOOR NEW YORK New York 10022-1240 PO Number Page 9120013 1of2 This number must appear on all invoices, packing slips and labels. Ship To: SALES TAX CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80521 Delivery Date: 01/04/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Investment Sry Blanket PO 2012 1 LOT LS for Bloomberg Professional Financial Information Network Service Fees. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 25,000.00 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 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 specifications, 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 instructions fmm the City Of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER, Failure of the Purchaser to insist upon strict pafomianec of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the sramntics or obligations of this purchase order and shall not be dcemcd a waiver of any right of the purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, rcgardlcss of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported am] modification or rescission of this purchase order by the Purchascr operate as a waiver of any of the toms hcrmf. 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. Howevet, it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection proecdums. violations are in fact borne by the Purchascr. Theretofore, for good cause and as consideration for executing this pnrchasc order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart 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 permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purehuse 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 Ifthe Purchaser directs the Seller to correct anneonfoming 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 form 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 cants, the work to be performed by the most expeditious means available to it. and the Seller shall pay all casts associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses regnircd by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the xrork 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 harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such Imes regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, hona fide and possess full and complete authority to bind said parties. 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 scllerarc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes Out Occonnably foreseeable which arc beyond its reasonable control and without its fault ofnegligcnce. such acts of God, acts ofeivil or military authorities, gnremawaml priorities, fires, strikes Rood, 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 whin the Scllcr first 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 reason ofthe delay. 3. WARRANTY. The Seller wemnts 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 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 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 ofwarranty. 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 he prescribed by Iry or by the terms ofany applicable warranty provided by the Scllcr after the date of acceptance ofthe 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 goods by the Purchaser shall not constitute 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 ofany of the foregoing warranties or guarantees, but such liability shall in no event include lost ofprofits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr 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 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 performance 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 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 pmfits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Sell" with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnty 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 rn nations 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 Purchascr as a result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the poor written consent of the other party. 10. TITLE. The Seller warms full, clear and unrestricted title to the Purchascr for all equipment, mmerials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. ofticors and employees of such parry. The Seller's communnal obligations, including wamnty, shall not be deemed to be reduced, in any way, hmausc such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is reclaimed to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and nit 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 ofsich infnngement at any time during the prosecution or after the completion ofthe work, In case said equipment, or any part thereof or the intended use ofthe goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oven expense and at its option. either procure for the Purchascr the right to continue using said egniprnent or parts, replace the same with substantially equal but non -fringing equipment, crmodif it so itbecomcs noninfringing. 15. INSOLVENCY. If the Seller shall become InsciNvort or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or busi toss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofihc agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder. including the services ofSellers Representative(s), on the premises ofathers. 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 end/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or creation by the Seller, the Scllcr shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the onicr. 18. INSURANCE. The Seiler shall, at his own expense, povide for the payment of workers compensation, including occupational disease bencrits. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependants in accordance will, the laws of the state in which the work is to be done. The Sell,, 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 S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise requite his contractors, if any, to provide for such compensation and insurance, Before any of the Scilcrs or his contractors employees shall do any .work upon the premises of others. the Seller shall furnish the Purchascr with a certificate that soh compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ceni ficates 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 work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify nod hold harmless 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 Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his contractors. or any of the Sellers or contractors offrecm, 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 nny of his eommemus 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 same 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 Purchaset err 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 pmperry of the Purchascr, or said parties 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 Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Rcviscd 03/2010