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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9121113Cityo Ff PURCHASE ORDER 6rt Collins Date: 0212312012 Vendor: 102622 POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS Colorado 80521-2297 Ship To: MIS CITY OF 215 N Mi PO Number Page 9121113 1of2 This number must appear on all invoices, packing slips and labels. 2T COLLINS N, 3RD FLOOR NS Colorado 80524-4 Delivery Date: 02/23/2012 Buyer: ED BONNETTE Note: PER DIGITEKS INVOICE #3586 12/30/11. Line Description Quantity UOM Unit Price Extended Ordered Price CITY/LIBRARY/PSD EXTENDED 1 LOT LS 20,150.00 EXCHANGE ADMIN 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 $20,150.00 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 floor state and local taxes. Our Exemption Numbcr is I I. NONWAIVER. 95-04502. Federal Excisc Tax Exemption Certificate of Registry 94-(0(10557 is registered with the Collector of Failure of the Purchaser to insist upon strict perfre mancc ofthe tcros and conditions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies proyidcd herein or by low. failure to promptly unify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofahe 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 owrmniics or obligations of this purchase order and shall not be deemed a waiver orally right of the damage in transit. may be returned to you for crnlit and are not to be replaced except upon receipt of written purchaser to insist upon strict performmncc her ofor any of its rights or remedies as to any such goods, regardless instnmturns from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported unit modification or rescission of this purchase order by the Purchaser operate ns a waiver of any of the toms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise. senices or equipment in response to this order can resell in 12. ASSIGNMENT OF ANTITRUST CLAIM& authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Scllcr and the Purchnscr recogmiv that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection precedurcs. violations arc in fact borne by the Purchaser. Theretofore, for good cause and ns consideration for executing this Purchase order, the Seller hereby assigns In the Purchaser any and all chins it may nowv have orImmaner Freight Terms. Shipments must be F.O.B., City of run Collins. 700 Wood Sr. Fun 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 Pollan, to this purchase order, bill must accompany invoice. Additional charges for pocking will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Whem nimulecturces have distributing points in various parts of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected From the nearest disMbution point to destination, and excess freight will be eltdecred front Invoice when Purehascr and the Seller, and the Seiler therea0cr indicates its inability Or unwillingness to comply, the PimhaecT shipments arc made from greater distance. may cause the work to be perfnmted by the most expeditions means available to it, and the Scllcr shall pay all cosh associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political Subdivision Where the work is Performed. or required by any other duly constituted public authority having jurisdiclion over the work of vender. 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 orally Such laws, regulations, ontimnces, talcs and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess fill and complete authority to bind Said panics. LIMITATION OF TERMS. This Purchase Order exprcssly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional lams and conditions annexed hereto or incerpnmted herein by reference. Any additional or dilfcrcnt it. and conditions pmpnsd by sdlcr tree objected to and hcrcby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amre on von promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the Ilan, stated on the purchase order and the docum mots attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial talc r clivcrics, shall upstate as a omivcr of this provision. In the event of env 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. Howevcr, the Seller shall not be liable for damages as a result of dcln5s due to causes not reasonably foreseeable which are heyand its reasonable control and without its (null ofncgligcncc. Such acts of God, acts ofcivil or military authorities, goer acual priorities. fires, strikes. flood, epidemics. wars car rigs provided that notice of the conditions causing such delay is given to the Purchaser within Bye (5) days of the time when the Seller First received know [edge 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. 1. WARRANTY. The Seller warrants that all goods, of ick,i. 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 conmpetenee in accordance with accepted standiods for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may stiffer or incur on account ofthc Scllcrs breach of aarta iry. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within Such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler aficr the date of acceptance ofthe good famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of good by the Purchaser shall not eonstioac a waiver of any 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 infant, of the foregoing wroumics or guarantees, but Stich liability shall in no event include Inss of profits of loss of uses NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchnscr 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 quzntifc, mipimlly 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 equitablc adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agrecmcnt as to any car all ponions of the good then not shipped, subject In any equitablc adjasOncnl between the panics as to any work or materials then in Progress pmvided that the Purchusef shall not be liable for any claims for anticipated profits on the u tromplekd 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 respect to any grad which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thin (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler ..all that all good sold hereunder shall have been produced. said. delivered and famished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver Such doc uncrusas may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purehascr 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 patty shall assign, transfer. or convey, this office, or any monies dart or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wmmots full. clear unit nnrcstricted till, to the Purchaser for all equipment. materials. Said items furnished in perfornmncc of this agrcemci t free and clear of any and all liens, restrictions rescnmtions, security interest encumbnnees 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 performance ofsamh work. This release shall apply Cecil in the event of fault of negligence of the party released and shall extend to the directors, oRecrs and cnrpleyccs of such party. The Seller's contractual obligations. including warn my, shall not be deemed to be reduced, in any way, because .Stich 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 cmcred 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 Purehascr for tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the wnrk. In case said equipment. or any pan 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 own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the time with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make can assignment for the benefit of creditors, appoint a receiver ar trustee for any of the Sellers plopcoty or husincm, this order may forthwith be canceled be the Purchaser without liability. I fi. GOVERNING LAW. The definitions of atoms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be cunsamed under and governed by the Imes of the Slmc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work her. arider, including the ten'iees of Scllcrs Rv,mscntutivc(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the mmc is fully completed and accepted, and shall. in case of any accident, dcstmction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Sellcr's own expense and to the satisfaction of ahc Purehascr, When materials an I cquipmcnt arc famished by mhos for irmalintion or erection by the Seller. the Scllcr shall receive, unload. Shot, and handle snore at the site send become responsible therefor as though such materials and/or cquipmcnt were being famished by the Scllcr under the order, IS. INSURANCE. The Scllcr shall. at his own expcnsc, provide for the payment of wvorkers 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 Irv, of the slate in which the work is to be door. The Seller shall also tarty comprehensive gcncml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of cat least S300,000 far any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees Shall de any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a ecnificatc that such compensation and insurance have been provided. Such certificates Shall sped( the date when Stich compensation and insurance have been provided. Such eemificnms shall specify the date wben Such compensation ,and insurance expires. The Scllcr egrecs tint such compensation and insurance Shall be maintained until trier the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby tic amcx the entire responsibility and liability for anv and all damage, loss or injury ofany kind or nalarc whuxecver to persons or propcny caused by ern resdting front the execution ofthe wok provided for in this purchase order or in connection herewith. The Scllcr will indemnify and hold brainless the Purchnscr and any car all of alie Purchnscr, of ice¢, agent., and employees fmm and against any and all claims, losses. damages. charges or expense,, wrl,cth,r dined or indirect and whclher to persons or property, to which the Purchaser may be put or subject by reason of any act. never. neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers. agents or employees. In ease any suit or other proceedings shall be bmnght against the Purchnscr, or its officers. agents or employees at any time can account or by reason of any act action, neglect emission at default of the Seller of any of his contractors or any of its or their officers. agents car employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense, to pay any and all cost, charge, mmmcys feel 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 cmployres in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the Property of the Purchnscr, or said panics in or as a o,alt of such suits of other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond orotherwise. The Seller and his contractors Shall take all safety precautions, famish and install all guards necessary for the pm%cntinn 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 ndcs and regulations issued pursuant thereto. Revised 03/2010