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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9121138Fort Collins PURCHASE ORDER Date: 02/24/2012 Vendor: 102622 POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS Colorado 80521-2297 PO Number Page 9121138 1of2 This number must appear on all invoices, packing slips and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 02/24/2012 Byy9rr: JAMES O'NEILL N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 PEG Distribution 1 JdT LS 15,000.00 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 $15,000.00 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. COMMERCIALDETAIIS. Tax exempt inns. By sulfate the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0H502. Federal Excise Tax Exemption Certificate of Registry 84-6(IW587 is registered with the Collector of Failure of the Purchaser to insist upon Strict performance of the terms and conditions hereof, f thim or delay 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 nalify life Seller in the event of a breach, the acceptance ofor payment for goods hcrcundcr or approval of the design. shall not release the Scllcr of Goads Rejected GOODS REJECTED due to failure to meet spec i fiemions, either when shipped or doe 10 defects of any of the wamntie5 or obligations of this purchase order and shall nor he decmed a oniver of any right of the damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist npnn strict performance herenfor any of its rights or remedies as to any such goods, mg adless instructions fmm the Citvof Fart Collins. of when shipped, mosivcd or accepted. as to any prior or subsequent default hcrcundcr. nor shall any parpnncd am] modification or rescission of this purchase order by the Purchaser operate as a wniscr of any of the terms Inspection. GOODS arc 9ulfjea to the Citv of Fon Collins inspection on arrival. heremf. Final Acceptance. Receipt of the metchandisc. services Or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, fathomed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Scllcr and the Purchaser recognize thul in actunl economic practice, overcharges resulting from antimin ACCEPTANCE is dependent upon completion ofoll applicable required inspection procedures, violations are in fact horse by the Purchaser. Therem(ore, for good cause and as consideration far executing this purchase order. the Seiler hereby assigns to the Purchaser rav and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins, CO 50522. unless acquired under fmm, I or state mounist laws for .such overcharges relating to the particular goods or services offi ise specified on this Orden I(prnnission is given to prepay freight and charm sepnmtCly, the original freight purchased or acquired by the Purchaser pursuant to this purchase Orden bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufocnarers have distributing paints in various pans of the country, shipment is If the Purchnser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point In dcstinalion, and excess freight will be deducted from Invoice when Porchescr and the Seller, and the Seller tlicrcallcr indicates its inability or anwillogncss to comply, the Purchaser shipments ore made fmm greater distance. may cause the work to be perfsmed by the most expeditious means available to it, and the Scllcr shall pav all costs associated with such work. Pcmits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the slate. municipality, minim, Or political subdivision where the work is performed. or required by any Other duly constituted public authority having jurisdiction over the work of vendor. Seller forthcr agrees to hold the City Of For Collins harmless firm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations ordinances. rules and requirements. Authonaation. All parties to this contract agree that the rcprescnlatives arc, in fact, brain fide and possess full and complete amhoniv to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmus and conditions stated herein set forth and any supplementary or additional terms and conditions nnnexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiatcly ifyou cannot make mmplctc shipment to arrive on your promised ddivcry date as noted. Time is of life "scram. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this pmvision. In the even of nay delay, the Pn¢h user shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. ā¯‘owever. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rcnoaable control and without its fault of negligence, such acts of God, acts of civil or military authorities. gosrrnmental priorities, fires, strikes Bond, epidemics waOi or rints provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received know bulge thereof. In the event of any .such delay, the date of ddivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gmkc, articles, materials and work covered by this order will confnm with applicable drawings, specifications samples and/or other desorption given, will be fit for the purposes intended, and pnfOmod with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss. damage or expense which the purchaser may suffer or inc or on account of the Sellers breach of wsmaty. The Scllcr shall replace. repair or make good, without cost to the purehaseq an, defects or L tdts arising within one (I) year or within such longer period Of time as may he prescribed by law or by the tans of any applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (macpance not to be unmasonably delayed), resulting fmm imperfect or defective wark done Or materials famished by the Seiler. Acceptance cruse of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties Or gwrnntecs, but such liability shall in no event include loss of pmfts or loss of use. NO IMPLIED WARRANTY OR NIERCIIANTABII.ITY OR OF FITNESS FOR PURPOSESHALL bLLL APPLY, 4. CHANGES IN LEGAL TERMS. a The Purchaser may make change, to legal temrs by written change order. 5. CHANGES IN COMMERCIA L TERMS. The Purchaser may make any changes to the tans other than legal terms, including odditions to Or deletions fan the gnamllics originally ordcrcd in ohm spcdfiealionx or drawings, by verbal Or .written change nods,. It any such change affects the amount due or the time ofperformance hernmder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by wrincn change onlcr. terminate this agreement as to tiny or all Portions Of the ,.its then not xhippcd. subject to any oquiablc adjustment benacen the panics as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for antieipoled profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be trade in favor of life Seller wilh respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goors; delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most be asserted within thirty (30) day, Form the date the change or tcouration is ordcrcd. S. COMPLIANCE WITH I LAW. The Seller wamnts that all grads sold hemander shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler shall execute and delissr such dauments as may be required to effect or evidence compliance. All laws and regulations rcquircd to be incorporated in agreements of this character are hereby incorparated herein by this reference. The Seller agrees to indemnify and hold the Purchnser hamnl"s fmm all costs and damages suffered by the Purchaser as a ms It of the Sellers failure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due Or to becnmc due hereunder without the prior written consent of the other pony. I O. TITLE. The Scllcr wr mots full. clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomancc of this agreement. free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of other,. The Scllcr .,hall release the Porch tsar and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of Bach work. This ,dense shall apply even in the event of fault of negligence of the pzrtv released and shall extend to the directors, nfficem and crndOyccx ofsach party. The Seller's contractual obligations including wamnly. shall not be deemed to be reduced, in any may, because such work is pe femed 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 Scller.sholl indemnify and save harmless the Purchaser form anv 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 can, expense cr damage which it maybe obliged to pay bmas on ason al'such infringement at any time during the prosecution Or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment of pan 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an ass ipurent for the benefit of creditors, appoint a receiver or tmsum 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 toms used or the intermanation Of the agreement and the rights ofe11 panics hcrcundcr shall be constm ul under and governed by the laws of the Sialc of Colomdo. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the sen'ices of Scllcr, Reprcscntativc(s), no life premises of mhcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of anv accident, destruction or injury to the work and/or materials Mom Sellers final completion and 'acceptance, complete the work at Sellers non expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive. unload. store and handle same tit the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease hcncfts, to its employees employed on or in connection with the work covered by this purchase order. factor to their dependents in accordance with the laws of the state in which the work is to be done. The SCIIcr shall also carry comprehensive general liability including. but not limited tn. contractual and automobile public liability is with hodily injury and death limit afar least S300,000 for any one person, S500.000 far one accident and pmperty dmmpi, limit per accident of S400,000. The Scllcr shalllikewise require his comments, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors cmpinyccs shall do any work upon the premiss, of mhcrs, the Seller shall famish the Purehowr 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 dale when such compensation and insurance expires The Seller agrees that such coamensminn and insurance shall he maintained until after the entire work m completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby as nmcs ncc entire respemvibility and liability for any and all damage loss or injury afmay kind or nature whntsme cr to persons or pmpeny caused by or resulting farm the evocation of the work pmvided for in this purchase underarm connection herewith. The Seller will indemnify and hold hamde,s the Parcha,cr and anv or all of the Purchasers officers, agents and employees frown and against any and all claims losses. damages. charges or expenes, whahcr direct or indirect and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action. neglect omission or defmdt On the part of the Scllcr, any of his contractors, or any of the Scllcr, or contractors ofecr, agents or employees. In case any suit or other pmecedings shall be brought against the Purchnser, or it, often, agents or employees at any time On account or by reason of any act action, neglect omission or default of the Seiler 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 thcrcnf and to defend the wale m the Sellers Own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmems that may be incurred by or obtained against the Purchaser Or any of its of their ofcem agents or employees in such snits or other pmccedogs, 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 mmeecdings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. T'he Seiler and his contractors shall take all safely precfWinns, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, hill without lintdation, the Occupational Safety and Health Act of 1970 fad nil mlcs and regulation, issued pursuant lhercto. Revised 03/2010