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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9121223City of Fort Collins Date: 03/01/2012 Vendor: 102622 PURCHASE ORDER POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS Colorado 80521-2297 PO Number Page 9121223 1o12 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 03/01/2012 Buyer: ED BONNETTE Note: PER AGREEMENT 1-23-12 1 WEEK EXTENSION LIBRARY/CITY/PSD. Line Description Quantity UOM Unit Price Extended Ordered Price LIBRARY/CITY/PSD EXTENSION 1 LOT LS 6,000.00 1 WK PER AGREEMENT 1.23.12 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9840502. Federal Excise Tax Exemption Certificate of Registry 94-60W587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms 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 provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval afncc 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict performance hereefor any of its rights or remedies as to any such goods, regardless instructions from the City of run Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of 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 response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good 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 Terns. Shipments most be F.O.B., City of Fen Collins, 700 Wood St_ Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes 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 purehnsed nr aegaired by the Purchaser pursuant to this purchase order. hill 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 pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed open by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Punhaser and the Selleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made front 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 all necessary permits, certificates and licenses required by all applicable Imes, regulations. ordinances and rules of the state. municipality, territory or political suhnfik ision where the work is perfommed, or required by any other duly constituted public authority having jurisdiction over the work of condor. Seller further agrees to hold the City of Too Collins harmless Farm 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. _ Anthorizatiea. All parties to this contract agree that the representatives are. in fact, bona tide and posses fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without ]imitation, acceptance of partial late deliveries, shall operate 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 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 feresecable which arc beyond its reasonable control and without is fault of negligence, such acts of Gad. acts ofeivil or military authorities. govermental priorities, fires, strikes, flood, epidemics, wars 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 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, 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 competence in accordance with accepted standards for work of n 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 of the Sellers breach of wavanty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by Ire or by the terms of any applicable warranty provided by the Scllcr after the date of acceptance of the goods famished 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 Parchascr shall not constitute a waiver ofanv claim under this uncanny. Except as otherwise provided in this purchase order, the Sellers liability hemander shall extend to all damages proximately caused by the breach of any of the foregoing warranties m guarantees, but such liability shall in no event include loss of pmfts 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 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 originally ordered in the specifications or drawings, by verbal or written change order. If anv such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be 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 work or material, then in pmgaoss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion ofthe goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect ho say goods which are the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller of any of their obligations as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days fmm 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 famished in strict compliance with all applicable laws and regulations to which the goods are subject. The seller shall execute and deliver such d claim s 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 hamrlecs from all costs and damages suffered by the Purchaser as a result of the Sellers fail,,,, to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of chic other party. 10. TITLE, The Seller warrants full, elearand unrestricted title to the Purchaser for 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 fothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. of icers and employees ofsuch party. The Seller's contractual obligations, including warni shall not be deemed to he reduced. in any way, because such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Wlmncvcr the Seller is required to use any design, device, material or mrmcess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Parchascr Farm 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 of such infringement in any time during the prosecution cur after the completion of the work. In case said equipment m- any pan thereof or the intended use of the goods, is in Such snit hold 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 said equipment or parts, replace the same with substantially equal but naninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Sellers pmperty 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 agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller Shall tarty 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 equipment are Trusted by others for installation or erection by the Scllcr, the Seller shall receive unload short and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller ender throttler. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers comper,ou n, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or m their dependents in accordance with the laws 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 muonmbile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,006 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 do any work ,pan the premises of others, the Seller shall furnish the Parchascr with a certificate that such compensation and in .ranee have been Provided. Such certificates shall specify the date when such compensation and insurance have bccn provided. Such eca ificaes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insuranec shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury nfany kind or nature whosoever to persons or property caused by or nslting from the execution ofth, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fmm 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 be put or subject by reason of any act, action, neglect. omission or default no the pan of the Seller, any of his contractors, or any of the Scllcrs 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 act, action, neglect omission or default of the Seller of say of his contractors or any of its or their officers, 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, attoress 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. nments or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser. or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or othcneisc. The Seller and his contractors Shull 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 limimtion, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010