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HomeMy WebLinkAbout498705 ACROSS THE STREERT PRODUCTIONS - PURCHASE ORDER - 9120899PURCHASE ORDER PO Number Page City of 9120899 1 of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 498705 ACROSS THE STREERT PRODUCTIONS 19101 STONE RIDGE DR SUITE A SOUTH BEND Indiana 46637 Ship To: TRAINING FACILITY POUDRE FIRE AUTF 3400 WEST VINE FORT COLLINS Colo 80521 Delivery Date: 02/10/2012 / Buyer: ED-BONNETTE Note: / i Line Description Quantity UOM Unit Price Extended / Ordered Price 40 Blue Card 50 hr online 1 LOT LS 13,600.00 12-0523 / PER INVOICE #12-0523 DATED 1/16/2012. / 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 I. COMMERCIAL DETAILS. Tax exemptions. ny statute the City of Tom Collins is exempt from state and Inch taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Exeime Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or thin, to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a), 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 Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he doomed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any 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 surfaced oral must remain or rescission of this purchase order by the Purchaser opemro as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 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 oa 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 boom antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purehasee 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 nosy have or hcrcatter Freight Terms. Shipments must be F.O.B.. City of Fan Collins. 7110 Wood St., Fort Collins, CO 80522. 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 parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he 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 shipments are made from greater distance. may cause the work to be performed by the most expediliors means nubble to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all nmcssary Permits, ccr ifieata and licenses required by all applicable hoes, regulations, ordinances and talcs tribe .state, municipality, territory or Political subdivision where the work is performed, or acquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an assMed or established violation of any such Imes. regulations, onlinanccs, rates and requirements. Authoriution. All parties to this contract agree that the rcpmw, iyes are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Ruth and any supplementary or additional terms and conditions annexed hereto or incorpnmted herein by reference. Any additional or different 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 ofthc essence. Delivery and performance must he effected within the time stated on the purchase order and the documents marched hereto. No acts of the Purchasers including, without limitation, acceptance afpaniol late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedics, the option of placing this order elsewhere and holding the Seller liable for damages. However. the Scllcr shall not be liable for damngcs as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnedigence, .such acts of Gad. acts of civil m military authorities, governmental priorities, fires, strikes, food, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthc 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 actually lost by reason ofthe delay. 3.WARRANTY. The Seiler wamnts that all goals, articles, materials and work emend by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purpose, 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 form any toss, damage or expense which the Purchaser rimy suffer or incur on account ofthc Sellers breach of wamnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within .such longer period of time as may be prescribed by law or by the tans ofony applicable wamnty, provided by the Seller after the date of acceptance ofhere goods furnished hereunder (acceptaace not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Seles liability hereunder shall extend to all damages proximately mused by the brooch of any of the foregoing aamntics or guarantees, but such liability.shall in no event include loss ofpmfits or dos 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 terms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may retake any changes to the Icmu, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change officers the amount due or the time ofpmfomancc hereunder, an equitable adjustment shall be made. 6. TERM [NATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all pardons of the goods then not shipped, subject to nny 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 gads 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 arc the Sellers; standard stock. No such termination shall relieve the Purchaser or the Seiler ofany of their obligations as to any SocaU delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All Imes 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 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, transfer. or convey this odder, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamats full, clear and unrestricted title to the Purchaser for all equipment. materimis, 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 release the Purchaser and its contractors of any tier from all liability and claims of any nature rosulting from the perfore race oLsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the directors, officersand employees of Bach party. The Seller's contractual obligation,, including want, my. shall not be deemed to be reduced. in any may, because 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 Iencr, patent, tmdc unk, or copyright, the Seiler shall indemnify and save hamdes the Purchaser fmnm nny 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 my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccution or abler the completion of the work. In ease said equipment. or any part thereof or the intended use of the goods, is in such suit 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 to continue using said equipment or parrs, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nuninfringing. 15. INSOLVENCY. If the Seller shall becomc insolvent or hunkmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or buri ness, this order may fnrthwi th he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmcd underand governed by the laws of dhe 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 Representative(%), on the premises ofnthem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the c me is fully completed and accepted, and shall. in case of any accident, desametion or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation m creation by the Seller, the Seller shall receive, unload. store and handle same at the site and becomc responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his own expense, provide for the payment of worker% compensation, including o empatinnal 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 Seller 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 S30o.004I for any one Person. SSM." for any one aecidem and property damage limit per accident of S401.0filL The Seller shall likev0se require his commeters, if any. to provide for such compensation and insurance. Before tiny of the Scllcrs or his contractors employees shall do any work upon the premises ofathers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have born provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation mad assurance 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 m11 damage, less or injury army kind or nature whatsoever to persons or pmperry' caused by or resulting front the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchnscrs officers. agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indircel, and whether to persons or property to which the Purchaser may be pot or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, env of his contractors, or any of the Sellers or contractors oReen. agents or employees. In ease any suit or other Proceedings shall be brought against the Purchmmem or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seiler ofany of his contractors or any of its or their officers. agents or employees as nfro msyid, the Seller hereby agrees to assume the defense thereof and to defend the ,into 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 Purchaser or 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 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 otherwisc. The Seller and his contractors shall take all safety p rcnutions tarnish and install all gourds nmcarnry 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 miles and regulations issued pursuant thereto. Revised 03/2010