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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9121137PURCHASE ORDER PO Number Page City Of///��� 9121137 1 of 2 F6r} Collins This number must appear ,t-J`-' ` ` J on all invoices, packing slips and labels. Date: 02/24/2012 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS Colorado 80523-6015 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 z Buyer: JAMES O'NEILL Note: Line Description antity UOM Unit Price Extended rdered Price 2012 PEG Distribution 1 LOT 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 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 $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. COMMERCIAL DETAILS. Tax exemptions. By stamtc the Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exenmtion Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to mein .specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions front the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure ofihe Pumhawr In insist upon strict performance Af the toms and conditions hereof, failure or delay to exercisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event AT breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not rcicnsc the Seller of any of the wammics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist Anna strict performance hercofor any of its rights or remedies as m any such goods. regardless of when .chipped, received or accepted. as to any prior or subsequent default hereunder, nor shall env purposed oral modification or rescission of this purchase order by the Purchaser operate as a salver of any of the terms 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 on the pan of the City of Port Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspectinu procedures. virlmian, arc in fact borne by the Parchascr. Thercmfom. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchnscr any and all claims it may now have or herea0cr Freight Terms. Shipments must be F.O.H., City of Fort Collins. 700 Wood St.. Fort Collins. CO 90522. unless acquired under federal or state antitm,t Imes for such overcharges relating to the particular goods or services othcnvisc specified on this made, If perotission is given In prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additioul charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OIr SELLERS OBLIGATIONS. Shipment Distance Where man ifacmrcrs have distributing points in various, parts of the country, shipment is lithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution paint to destination. and excess freight will be deducted firm Invoice when Purchaser and the Sellc, and the Seller thereaner indicates its inability or umcillingness to comply, the Purchnscr shipments arc 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 work. Permits. Seller shall procure at sellers sole cast nil necessary Permits, certificates and licenses required by all applicable Imes, 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 jurisdiction aver the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by rexsAn of an n<crted or established violation of any such laws, rcgmdatum,, onlinnncm uric, and requirements. Authoriamtion. All panics to this contract agree that the representatives are, in fact. bona fide and possess fill and complete mahonty to hinds aid ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditinns stated hcrcin set forth and any supplementary m additional lema and conditions annexed hereto or incorporated herein by refro nce. Any additional or different terms and conditions pntpAsed by seller art objected to and hereby rejected. 2. DELIVER)'. PLEASE ADVISE: PURCHASING AGENT immediately if vote cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time mated on the pureheeA Andre and the documents attached hc¢m. No acts of the Parch sirs including, without limitation, acceptance ofpartial late deliveries. shall APcmtc as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplaeing this order elsewhere and holding the Seller liable for damages. Hnaevc, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such act, of Gad. act, ofeivil or miiilary authorities, governmental priorities, fires, strikes. food, epidemics, ware or riots pm'ided that notice of the conditions causing .such delay is given to the purchaser within five (5) days 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 actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all good,, sticks, materials and work covered by this order will conform with applicable drawings, spcoification, samples and/or other descriptions given. ,'ill be fit for the purpose, intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nmurc. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may surfer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or fault, arising within one (1) year or within such longer period of time as may be prescribed by law or by the icmw ofany applicable wamnty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance ram to be unreasonably delayed), resulting front impermet or defective work ]one or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warm, my. Except as Athens ise provided in this purchase order, the Scllcrs liability hcrcander shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liabi lily shall in no event include lox of profits or loss of uses NO Us I PLI ED WARRANTY OR MERCHANTA Ed LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change, to legal tcmw by written change order. S. CHANCES IN COMMERCIAL. TERMS. The Purchnscr may make any changes to the terms, other than legal terms. including additions to or deletions fmm the quamoics originally ordered in the specifications nr drawings, by verbal Or written change order. If any such change affects the amount due or the time of Performance hemander, an cquinble adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potinns of the grinds then nut shipped, .subject to any equitable ndjusnneu between the panics as to any work or mntcrials then in progress provided That the Purchaser shall not he 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 respect to nay goods which are the Sellers standard stock. No such wraimation 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 he amcdcd within thirty (30) days from the date the change or Termination is m- cod. R. COMPLIANCE WITH LAW. The Seller warrants that all Bond sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and dclivcr.such documents as may br required to effect or evidence compliance All laws 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 harralm Form all costs and damages suffered by the Purchaser as a result of the Sellers failure to eompiv with such Inv. 9. ASSIGNMENT. Neither puny 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 wamnty full, clear and unrestricted title to the Purchaser for all equipment, mntcrials, and items furnished in perfomtanec of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release life Purchnscr and its contactors of any tier from all liability and claims of any nature resulting form the performance afsueh work. This release slmll apply even in the event of fault of negligence of the party released and shall extend to do, directors, rd icers and employees of.wmh pity. The Seller's emurvenml nbligalions, including warranty, shall not be deemed to be reduced, in any way, because .such work is performed nr caused to he perforated by the Purchaser. 14. PATEN'rs, Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indcnmiN nail save harmless the Purchaser front 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 Purchnser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any lime during the prosecution or aner the completion of the work. In case said equipment. or any part thereof or the intruded use of the goods, is in such suit held to constiune infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. tither promnc for the Purchaser the right to continue using said equipment or pans, replace the ,same with substantially equtal bit, noninfringing equipment. or modify it .so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benent of creditors, appoint A receiver or tnt,tec for any of the Sellers property or business. this order may forthwith he canceled by the Parchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be cnnstmel under and gmcmed by the laws nfthe Stale of Coloradn. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scmices Af Scllcrs Represenmative(s), on the premises Afother. 17. SELLERS RESPONSIBILITY. The Seller shall carry An said cork at Seller', 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 Scllces final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or creclima by the Scllcr, 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 Aa er. I R. INSURANCE:. The Seller shill, at his own expense, provide for the payment of workcis compensation, including occupational disease honef4s, to it employees employed no or in connection with the work covered by this purchase order. and/or In their dependents in accordance with the Ina 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 insurarcc With hmlily injury ,act death limits Afar least SM0,000 for any one person, S500.000 for any one accident and property dantnge limit per accident of S400f)(M. The Seller shall likewlsc retinue his contractors, if any, to provide for such cnmpcncmion and insurance. Before anv of the Sellers or his contractnrs empoyees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a eertifienm that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Stich certificates shall specify the date whin .such compensation and insurance ,spires, The Scllcr agrees that such compensation and imarrance shall be maintained until after the cntirc work is completed and accepted. 19. PROTECTION AGAINS T ACCIDENTS AND DAMAGES. The Seller hcrchy assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind Titanium whatsoever to persons or property caused by or resulling from the execution ofthc WArk pmvidcd for in this purchase order or in connection hcrcw ith. The Seller will indemnify mud hold harmless the Purchaser and raw or all of the Purchnscr onlccm, agents and employees fmm and against any and all claims Insscs, damages charges or expenses. whether direct or indirect, and whether to persons or property to which the Pumhascr nary be put Ar subject by rcasnn Af any act, action, neglect emission or default on the pan of the Scllcr, any of his contmetom. AT any of the Sellers or contractors officers, agents or employee, In case any suit Ar other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act action, neglect. Amission or default of the Seller of any of his contactors or any of its or their officers, agents At employees as nmremid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcr own expense, to pay any and all costs, charges, ano raw" fires 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 carpinyccs in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmr" of The Parchase, 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 othcnvisc. The Seller and his contmcors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imvs and regulations with regard to safety including, but without limitation, the Oeenpatinnal Snfcty and Health Act of 1970 and all mics and regulations issued pursuant ihercto. Revised 0312010