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HomeMy WebLinkAbout414182 LYON ASSOCIATES - PURCHASE ORDER - 9120046PURCHASE ORDER PO Number Page City Of9120046 1 of z Flirt CollinsCon all i tuber mustpacking ,�_,J`'- ` J on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 414182 Ship To: RISK MANAGEMENT DIVISION LYON ASSOCIATES CITY OF FORT COLLINS 1612 LINDEN LAKE RD 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524-4 Delivery Date: 01/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Work Place violence consulting 1 LOT LS 1,000.00 Not to exceed THIS PURCHASE ORDER IS.FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Rm� C3.Oi'l:� 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 $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Part Collins is exempt From state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifieate of Registry 84-6000587 is registered with the Collector of Internal Revcame. Denver. Colorado (Rcf. 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 are not to be replaced except upon receipt of written instructions form the Ciry of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance, of the tells and conditions hereof, failure or delay to exercise any rights or remedies pro idcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe decien, shall not release the Seller f any of the wammies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist open strict performance herenfor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms here.( 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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby as. igns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 90522. undo.,, acquired under federal or state antimea laws for such overcharges relating to the particular goods or services otherwise specified on this coon If permission is given to prepay freight and charge sepamtcly, the original freight purchased reacquired 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 form the nomest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Panto. Seller shall procure at sellers sole cost all necessary permits. cci ificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is porformed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber 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, tales and requirements. Authoric Lion. All panics to this contract since that the representatives are, in fact. bona fide and possess full and complete anthodty to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tells and conditions stated herein set forth and any supplementary or additional toms and conditions annexed herein 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 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a res It of delays due to causes not reasonably fomseeablc which are bryemd its reasonable control and without its fault ofnegligcncc. such act of God, acts ofcivil or military authorities, governmental priorities, fires, 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 fiat 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 warrants that all good, 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 far 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 rf the Scllcrs breach of warranty. The Seller shall replace, repair or make grad, without cost to the purchaser, any defects or faults arising within am (I) year or within such longer period of time as may be proscribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the gaud famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work dent ar materials famished 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 Scllcrs 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 loss ofproits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal feints by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes In the tams, other than legal tells. 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 ofperfcromme 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 good then not shipped, subject to ony 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 ofthe Seller with respect to any goods which are the Sollars standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 1301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laves 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 Purchascr harmless form 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, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Shccrwsmnts full, clear and unrestricted 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 others. The Seller shall reasm the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This micam shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ulTreors and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way. because such work is performed Or cattsotl to be Performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and mve harmless the Porchaser from any and all claims for infringement by reason of the use of such pacntcd design, device, material or process in connection with the contract. and shall indemnify the Purchascr for ony cost, expense or damage which it may be obliged to pay by reason of Stich infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or any part 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, at its oven 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 noninfringing equipment, or modify it so it becomes noninfringing. 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 Purchaser without liability. 16. GOVERNING LAW. The definitions of Icros used or the interpretation ofthe agreement and the right ofall panics hereunder shall be consumed under and governed by the laws afthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Roams. cntative(s). on the premises of others. 17, SELLERS RESPONSIBILI FY. The Scllcr .shall carry on said work nt Scllcex own risk until the same is fully completed and accepted, and shall, in ease of any accident. destruction or.imury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, R'hen materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, volaad. store and handle same at the site and become renpansible therefor as though such materials and/or equipment were being furnished by the Seller under the once. 18. INSURANCE. The Seller shill, at 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 he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability innuronce with bodily injury and death limits of at least 5100.000 for any one person. S500.000 for any one accident and property damage limit per accident of S460,000. The Seller shall likewixc require his contractors, if any, to provide for such contpalsmian and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumncc have been provided. Such certificates shall specify the date when such compensainn noel imatance have been provided. Such certificates shall specify the date when such cnmpem.,tion and insurance aspires. 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 hcrchy nsmmcs the catin respmedulity and liability for any and all damage, loss or injury ofany kind or nature w'hinsre,or to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harness the Purchaser and any or all of the Purchumm officers. agents and employees form and against any and all claims. Iosscs. damages. charges or expenses. whether direct or indirect, aad whether to persons or property to which the Purchaser may be put or subject by reason of any net. action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sollars or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Pnmhaseq or its officers, agents or employees at any time on account or by reason of any net, action, neglect. omission or default of the Seller of any of his contactors or any of its or their nRecrs, agents or employees as .aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the store at the Scllcrs own "panic, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcers, .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. 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 Iowa and rcIp latians with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010