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HomeMy WebLinkAbout497019 US BANK INSTITUTIONAL TRUST & CUSTODY - PURCHASE ORDER - 9120059PURCHASE ORDER PO Number Page City of 9120059 1 t °f z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 497019 Ship To: SALES TAX US BANK INSTITUTIONAL TRUST 8: CUSTODY CITY OF FORT COLLINS 950 17TH ST DN-CO-T5T 215 N MASON, 2ND FLOOR DENVER Colorado 80202 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Investment Safekeeping Sry 1 LOT LS 16,000.00 2012 Blanket PO Account No Ch 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 Total Invoice Address: $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrms 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 9"502. Federal Excise Tax Exemption Certificate of Registry 94-600I1597 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 rctamed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure Of the Purchaser to insist span strict performance of the toms and conditions hereof. failure Or delay to exercise any rights or remedies provided herein or by laws failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the 0amnlics or obligations of this purchase order and shall not he deemed a ,waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or rcmcdics as to any such goods, regardless of when shipped, received or accepted. as to any poor or subsequent default hereunder, nor shall any purported oml modification 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. ASS IGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be undemtood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase oiler, the Seller hereby assigns to the Purchaser any and all claims it may now, have or herentler Freight Terms. Shipments must be F.O.B., City of Fort Collins. 701 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws Rtr such overcharges relating to the Padieulnr goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original might purchased or acquired by the Purchaser pursuant to this purchase order. bill must aecnmpamy invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mxnufacntrcm have distributing points in various pans of the country, shipment is Bthc 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 Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipment arc made from greater distance. may cause the work to be perfomcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall prooure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miles of the state, municipality, territory or political subdivision where the work is perfomcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an lescned or established violation of any such laws, regulations, ordinances, mlcs and mquircmcnts. Audar rizmion. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Oder expm, ly limits acceptance to the terms and conditions stated hcrcin set fnnh and any supplementary or additional tcros and conditions annexed hereto or incorporated hcrcin by reference. Any additional or di Rerenf 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 promised delivery date as noted. Time is ofthe essence. Delivery and performance must he cffecled 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 provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics the option ofplacing this order clsewhem and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due 10 causes not reasonably foreseeable which arc beyond its reasonable control and without it fault of negligence. such act of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots Provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) d"r, of the time when the Seller 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 acntally lost by reason ofthe delay. 3. WARRANTY. The Seller wamnt that all gads, articles, materials and work covered by this order will conform with applicable drawing.,, 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 mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of fhe Sellars breach of wamnty. 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 law or by the term, of any applicable warranty pmvidcd by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resuhing from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good 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 of any ofthe foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change Oder. If any such change affects the amount due or the time of performance hocunder. an equitable adjustment shill he 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 any equitable adjustment berncert the panics as to any work or materials then in pmgrec provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion of the grad, 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 Scllers standard stock. No such mrminatian shall relieve the Purchaser or the Seller of any of their obligations as to any good dclivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or gemination is ordered. R. 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 laws and miedntions required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony 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 Seller wamnts full, clear and unrestricted till, to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescnstions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomnnce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ofec. and employees ofsuch piny. The Sellers contractual obligations, including warranty, shall not be doomed to be reduced, in any way, because such work is perfumed or caused to he perfomcd by the Purchaser. 14. PATENTS. Whenever the Seller is required 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 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, cxpcnsc or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution Or aner the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such wit held to constitute infringement and the use of said equipment or part is enjoined, the Seller .shall, at its own expense and at its option. either procure for the Purchaser the right in continue using said equipment or party replace the sane with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bencit of creditors, appoint a receiver or trustee for any of the Scllem property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofml panics heruunder shall be construed under and governed by the Imes ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Ref resentaiive(s), on the premise ofothcn. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllers 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 Scllers final compleion and acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchaser. When materials and equipment are punished by others for installation or croction by the Seller. the Seller shill 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 tinder the order. I S. INSURANCE. The Seller ,bill, at his own cxpcnsc, provide for the Payment of workers compensation, mchding Occupational disease henefts, 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 Seller shall also carry comprehensive general liahility 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 prison, S500.000 for tiny one accident and property damage limit per accident of S400.000_ The Seller shall likewise require his contractors, Tarty, to provide for such compensation and insurance. Before any of the Salient or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Purchaser with a eeni0eae that such compensation and insurance have been provided. Such certificates shrill specify the date when such compensation and insurance have hcen provided. Such certificates 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 Ofany kind or nature whatsoever to Persons or property caused by or resulting from the csccution of the work provided for in this purchase order or is connect inn herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers ofdeets, agents and emplovacs 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 Pumhascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any offal, contractors, or aner of the Sellers car contractors oficcrs, agents or employees. In ease any suit or other proceedings shall be brought against the Purchriscr, ar its officers. agents or employees of 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 wmc m the Sellers own cxpcnsc, 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 Purchaser or any of its or their oficcrs. agents or employees in such wits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the write to be dissolved and discharged by giving bond orother, ise. 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, bill without limitation, the Occupational Safely and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010