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HomeMy WebLinkAbout108008 LARIMER COUNTY DEPARTMENT OF HEALTH & ENVIR - PURCHASE ORDER - 9121140City of Fort Collins PURCHASE ORDER Date: 02/27/2012 Vendor: 108008 LARIMER COUNTY DEPARTMENT OF HEALTH & ENVIRONMENT ENVIRONMENTAL HEALTH SECTION 1525 BLUE SPRUCE DR PO Number Page 9121140 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: 02/27/2012 1--�— Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Monitoring Services 1 LOT LS 9,000.00 C3. O✓ta.�-%Q � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $9.000.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax esemptions. By statute the City of Fort Collins is exempt from state kind local taxes. Our Exemption Number is IL NONWAiVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfnmuanee of the isms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Refs 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 evatt of a breach, the acccptancc efor pnyownt for good.., hereunder or apprmml of the design, shall not rcicnsc due Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet speeifientions, eithtt when shipped or due to defects of nny of the mmmntix5 Or obligations of this purchase Order and shall not he deemed a waiver of any right of ilm damage in transit, may be rearmed to you for credit and art net to be replaced except upon receipt of written purchaser to insist upon strict perfomanee herenf or any of it., rights on remedies as in any such goods. regardless instructions from the City of Fen Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any fo rponed oral modification or rescission of this purchase under by the Purchnscr operate as a waiver ofany ol'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 respurese to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Tom Collins. Hown'er, it is to he understood that FINAL Seller and the purchaser recognize that in actual economic practice. nvercharges resulting lino antimml ACCEPTANCE is dependent upon completion ofi ll opplicable required inspection mmecdnres, violations arc in fact hone by the Purchnscr. Theretofore. for good cause and as consideration for executing this pnrchasc order, the Seller hereby assigns to fire Purchnscr any kind all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B_ Citv of Tom Collins. 700 Wood St., To" Collins, CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the paniculnr goods or services rather,isc 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. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing paints in various pans Of the country, shipment is If the Purchnscr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and execs, freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser shipments are made farm greater distance. mov cause the work to be performed by the most expeditions means available to it and the Seller shall pay all Cost" associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, monitory ear political subolivi.cion whcrc the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Father agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirement,. Anfl orizntion. All panics to this concoct agree that the representatives are. in fact, hons fide and possess full and complete amhoray to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supmlemenary or additional terms and conditions annexed hereto or incorporaied herein by reference. Any additional or different toms and conditions proposed by'seller arc objected to and herebyrejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of fire essence. Delivery and performance must be effected within the time stated on the purchase order and the docanwats attached hereto. No acts of the Purchasers including, without limitation, acccptancc ofp.ni.1 late deliveries. shall operate as a waiver of this provision. In the event ofany 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 for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecable which arc beyond its reasonable control and without its fault ofeegligenec. such acts of God. acts of civil or military authorities. governmental priorities, fires. strikes, food, epidemics. ours on Tints provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received know ]edge thereof. In the event of any such delay, the dote of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller anon; that all goods, articles, materials and work covered by this order will canfnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pafomed with the highest degree of care and commetenee in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which fire Purchaser may.suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or make good, with rri cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the terms Many applicable wamnty, pmvidcd by the Seller inner the date of acceptance of the goods furnished hereunder (acccptancc not to be unreasonably delayed), resulting form imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waircr ofany claim under thiswarranty. Except as otherwise provided in this purchase order, the Sellca liability Immmida shall extend to all damages pmximatcly caned by the breach of any Ti foregoing wamnties or guamntces, but such liability shall in no event include loss ofpmfila or loss 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 tarns 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 ear deletions from the quantities originally ordered in the specifications or drawings, by verbal ear wMren change order. If any such chance affects the ..c al due or the time ofperformanee hereunder, an equitable adjustment shall be nuked. 6_ TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the Panic as to any work or materials then in progrc.,s pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the galls and/or work, for incidental or consequential damages, and that no such adjostrownt be made in favor of the Scllcr with respect m any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser at the Seller Many of their obligations as to any goods delivered hcrcurda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adhstnant rant be assmed within thiery (30) days farm the date the change or termination is ordered. 9, COMPLIANCE WITH LAW. The Seller wamnts 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 goods are subject. The Seller shall execute and deliver such documents as 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 Purchaser hamrle. farm all costs and damages suffemd by the Purchaser as a result of fire Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neitha party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrimn consent of the other party. 10. TITLE. The Seller wamats Ed1. clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement free and clear of anv and all limns, restrictions, reservation, security interest encumbrances and claims of others. The Selicr shall release the Purchaser and its contractors of nay tier farm all liability and claims M any name resulting from the perfomance of -such work. This release shall imply even in the evert of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch many. The Seller's cationctunl obligations, including tvamnty, shall not be devoted to be reduced, in any way, because such work is performed or coned to he perforated by the Pumhkiscr. 14. PATENTS. Whenever the Seiler is rcquiad to use any design, device. material or process em'crdi by letter. patent, trademark or copyright, the Seller shall indcoaify and save harmless the purchaser fan any kind 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 tiny cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or of cr the completion of the work. In case said equipment, or any pan thereof or the intended use of the grads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, if, its own expense and at its option cidncr procure for the Purchnscr the right In continue using said equipment or pans, replace the same with substantially craft but noninfringing equipment or modify it so it bceomes noninfringing. 15. INSOLVENCY. If the Seller shrill become insolvent or hanknin, make an assignment for the benefit of crcoiiters, appoint a receiver or tmctce for any of the Set lens property or business. Ibis order may Fort IT, 'i th be canceled by the Purchaser without Imbility. 16. GOVERNING LAW. The definitions of terms used or the interpretation wrihe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes of the State of Colorado. USA. The following Addirnnal Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Scllcr, Rcp kewmittive(s), on the Premiws of othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry unsaid work at Scllcrs own risk until the same is fully connploed rind accepted. and shall, in case of any accident decnmefan or injury to the work and/or materials before Seller's ftmal completion and acccptancc, complete the work at Sellers own expense and in the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller sbNl receive, onlood, .,lure and handle same at the sine and bceomc responsible ducat as though such mauials and/ter equipment were bring furnished by the Seller tinder the order. 18. INSURANCE. The Seller shall. at his own expense. provide for the payment of workers compensation. including occupational disease bcncfia, to its employees employed on or in connection with the wok covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily imiury Ind death limits of at (cast S300,01pon for any one person. S50gfona for any one accident and property damage limit per accident of S411i The Seller shall likewise require his contractors, if any, to provide for such compensation and instance. Before any ofthe Scllcrs or his contractors employees shall do any work upon the premises ofethers. the Seller ,shall famish the Purchaser with a ecnificatc that such cnmpcns.'ttion and insurance have been provided. Such ecnifcntes shall specify the date when such compensation and insurance have been pmvidcd. Stich certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0er the entire week i.e. completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv Issamcs the entire responsibilityand liability for any and all damage. Inns or injury ofany kind or nutarc whatsoever to persons or property caused by or resulting farm the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamic s the Purchaser and any or all of the Puchascrs officers, agents and employees from and against any and kill claims. losses, damages. charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may be put or subject by reason of any act, actin. neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or 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 Oct action, neglect, omission or default of the Seller of any of his contractors or any M its or their officers. agents or employccs 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 cost,, charges, attorneys fees and other exPcnses, any and all judgments that may he incurred by or obtained against the Purchnscr or any of its or their officers. agents or employees in such suits or other proceedings. and in ease judgment or other lien he placed often or obtained against the park of the Purchnscr. or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be die ohcd and discharged by giving bond or otherwise. The Seller anti his contractors shall take all safety mrecatnces, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safcty and Health Act of 1970 and all odes and regulations issued famomm thereto. Revised 03/2010