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HomeMy WebLinkAbout433069 RICHARD V LOPEZ - PURCHASE ORDER - 9111460City of art Collins PURCHASE ORDER PO Number Page 9111460 10f2 This number must appear on all invoices, packing slips and labels. Date: 02/16/2012 Vendor: 433069 Ship To: NEIGHBORHOOD & BUILDING S RICHARD V LOPEZ CITY OF FORT COLLINS ATTORNEY AT LAW 281 N COLLEGE AVE 4450 ARAPAHOE AVE FORT COLLINS Colorado 80521 BOULDER Colorado 80303 Delivery Date: 03/11/2011 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Srvs_Adm Hrg Officer 1 LOT EA 9,000.00 Addendum for 2012 Total $9,000.00 C3. 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-64502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof, failure or delay I. Internal Revenue. Denver, Colorado (Rcf. 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 rim rcicase 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 be deemed a waiver of any right of the damzcc in transit, may be trimmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomtanee hereof or any offs rights or remedies as to any such goods, regardless instructions from the Cit_v of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oal modification ar rescission of this purchase order by the Pumhnscr operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anivnl. hereof. Final Acceptance. Receipt or 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 Fan Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from ontimst ACCEPTANCE is dependent upon completion off]] applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for goad 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 most be F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the panicular goods or services otherwise .specified on this aide,. 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 Purchaserdimets the Sellertocomet nommofomringordefective goods by a date robe agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr,and the Seller thereafter indicates its inability orunwilliamncss to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such wnrk. PcrmiB. Seller shall procure at sellers Sale cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthc state. municipality, minim, ar 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 Fan Collins harmless from and against all liability, and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rides and requirements. Anthorization. All panics to this contract agree that the representatives are, in fact. bona ride and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .stated herein sat forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tans 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 year premised delivery dote 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 late deliveries, shall operate as a waiver of this prevision. In the event array delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fnr damages. Haweveq the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God. acts of civil or military authorities, grrvemanno of priorities. fires, strikes, food, epidemics. arms 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 Scilcr 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 of the delay. 3. WARRANTY. The Seller warrants that all gond. articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for wink of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, dmmuge or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he proscribed by law or by the terms crony applicable warranty provided by the Seller after the date of acceptance of the 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 crony claim under this warm, any. Except as otherwise provided in this purchase order, the Sellers liability hercundet shall extend to all damages proximately caused by the breach array of the foregoing rvamntics ar guarantees, bill such liability shall in no event include loss ofpmfits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 from the quantities origin illy 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 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 goods then not shipped, subject to any equitable adjustment between the panics as to any mark 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 of the Seller with fespcet to any good which are the Sellers standard stock. No such temtination shall relieve the Pumh awr or the Seller ofany ofthcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days from the date the change or termination is ordered. 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 good arc subject. The Seller shall execute and deliver such documents to may be required to effect or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hamlet from all costs and damages suffered by the Purchaser as a result of the 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 party. 10. TITLE. The Seller warrants 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 encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any net front all liability and claims of any nature resulting teem the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcma, officers and employees of sorb patty. The Seller's contractual obligations. including wamnty, shall not be deemed to be reduced, in any way, because such arork is perfumed 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 letter, patent trademark or copyright, the Seller shall indemnify and save hamdrss the Pumhescr 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 ofsuch infringement at any time during the prosecution ar after the completion of the work. In case said equipment. or any pan therenf or the intended use of the goods, is in such .suit held to constitute infringement and the use of acid equip mcnt or pan is. mjained. the Seller shall, at its own expense and at its option, either Fracture 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 hankmpt 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the apecon"t and the rights ofell parties hereunder shall be construed under and governed by the laws of the State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scry ices of Scllcrs Rcprcscnrative(sL on the premises ofothcrs. 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 and/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 cquipmcnt arc furnished by others for installation or erection by the Seller. the Seller 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 order. I S. INSURANCE. The Seller %bath at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase aide,. and/or to their dependents in nccordance with the lawx of the state in which the work is to be done. The Seller shall also carry comprehensive gencal liability including, but not limited to, contractual and automobile public liability insurance with bodily rotary and death limits of at (cast S300,000 for any one person. S560,000 for any one accident and property damage limit per accident of S400,060. The Seller shall likewise require hie contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been 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 alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire m,,asihilim and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or properry caused by or resulting from the execution of tlm work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pn¢hascrs 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 Purchaser may he put or subject by reason of any act action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors of ices, agents at employees. In case any suit or other proceedings shall be brought against the Purchaser 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 contactors or any of its or their ofricces. 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, atmencys 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, ngents or employees in such suits or Other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthe Purchaser. 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 othervise, , 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 rules and regulations issued pursuant thereon. Revised 0312010