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HomeMy WebLinkAbout263920 LARIMER COUNTY CLERK OF COMBINED COURTS - PURCHASE ORDER - 9121539City of art Collins Date: 03/14/2012 PURCHASE ORDER PO Number I Page 9121539 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 263920 Ship To: POLICE DEPARTMENT LARIMER COUNTY CLERK OF COMBINED COURTS POLICE SERVICES 201 LAPORTE AVE SUITE 100 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80521-2761 FORT COLLINS Colorado 80525 Delivery Date: 03/14/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Ordered Unit Price Extended Price 11-3169 Court Order Case D0352011CR000570 1 LOT LS 5,500.00 2 11-3169 Court Order Case D0352011 CR000570 1 LOT LS 100.00 C1a..., C3. Oil.:slL1Z CJ 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 $5,600.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Nurdwr is 99-04502. Federal Excise Tax Exemption Ccnificate Of Registry 84-6000597 is registered wish the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due to defects of damage in transit, may be reurmed to you for credit and am not to be replaced except upon receipt Of written instructions fmm the City Of Fen Collins. Inspection. GOODS arc subject to the Citv of Pon Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser in insist upon strict performance ofthe tans and conditions hereof. failure or deli to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cent of n breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict perfomance hereofor any of its rights or remedies as to anv such goods, regarlless of When .chipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported anal modification or rescission of this purchase order by the Purchaser opente as a waiver 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. outhonzed payment on the part of the City of Fort Collins However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front raditrnst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchase[ 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 Term,. Shipments most be F.O.B.. City of Fart Collins, 700 Wool St. Fort Collins CO 80522, unless acquired under federal or state antitrust laws for .such overcharges relating to the particular goods or services otherwise specified on this ardor. If Permission is given to pmpay freight and charge separately, the original freight purchased or nequireal by the Purchaser pers fat to this purchnse order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SFI.LERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in various Pans of the country. shipment is Ifthe Purchaser direct the Seller to correct nonconforming or defective goods by a date to be ageed upon by the expected fmm the ncams.t distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he petformcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pewit. Seller shall procure at sellers sole cost all necessary pewit, certificates and licenses required by all applicable boas, regulations, ordinances and mlcs of the state, municipality, territory or political ntbdivisian where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fan Collins hamrlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of anv such laws, regulations, ordinances, odes and requirements. Authorfeation. All parties to this contract agree that the representatives arc. in fact, bona ride and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchnsc Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hcrem or incorporated herein by reference Anv additional err diRerent tells and conditions proposed by seller arc objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arms on your promised delivery, date as noted. Time is ofthe escrec. Delivery and perfomance must be effected within the into stated an the purchase order and the documents cliched hereto. No acts of the Purchaser, including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofnny 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 Howtsrr, 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 ofnegligenee. such acts of God. acts Of civil or military authorities governmental priorities rims, strikes food, 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 anv such delay, the date of delivery shall be extended for the period equal to the time actually Jost by reason ofthe delay. b. WARRANTY. The Seller ,,armor that all goods, articles, materials and work covered by this order will conform with applicnhlc drawings, specifications, samples and/or other descriptions given, will he fil for the purposes intended, and Perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss damage of expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. 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 pmseribcd by law or by the terms of any applicable warranty provided by the Seiler fiber the date of acceptance ofthe goods furnished hereunder (acceptance not to be unrc o,crahly delayed), resulting from imperiled or defective work dmncI or materials furnished by the Seller. Acceptance or use of galls by the Purchaser shall not constitute a waiver ofnny claim under this wamnty. Except as othcmiw pmvided in this pnrchasc order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but .such liability shall in no cyan include loss of pmfrt 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 Icgul terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tells, other than legal hems. including additions to or dchelion from the quantities originally ordered in the specification or drawings, by worbal ar satown change order. If any snch change affects the amotut due or the time ofpciforauncc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. Icomante this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustnwnt between the parties n, to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the tmcmnpleted Portion of the good, mad/or won:, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which am the Sellers standard stock. NO such mmtination shall relieve the Purchaser or the Seller crafty of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Acts, claim for adjustment must be awned within thirty (30) day, from the date the change Or mormatiou is Orer d. R. COMPLIANCE WITH LAW. The Seller warrants 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 arc subject. The Scllcr shall expose and deliver such document us may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hco by incnrpanated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcs fmm all costs and damages suffered by the Puchuser as a result of the Sellers failure to comply svilh 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 w riten consent of the other party. 10. TITLE. The Seller wamnty Hd 1, clear tad unrestricted title to the Purchaser for all equipment, materials and items fitmished in Performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest cncumbmnccs and claims of othcm. The Seller shall rcicusc the Pnmhascr and its contractors of any tier from all liability and claims of any nature resulting Two the performance of srch work. This release shall apply even in the event Of fault of negligence of the party released and shall extend to the directors, oRccrs and employees of such pvny. The Seller's cnnmcuml obligations, including wummy, shall not be deemed In be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, mumusl or process covered by letter. patent, trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design. device material or pmeess in connection with the contract, and shall indemnify the Pnmhascr for any cast. expense or damage which it man, be obliged to pay by mason aeanch infringement at any time during the pmsceution or aficr the completion of the Work. In case said equipment. Or any pact thereof Or the intended use of the gom U. is in such suit 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 pressure for the Purchaser the right to continue using said equipment Or Pans. replace the same with substantially equal but anninfringing egoipicuml, or modify it so it bccames noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a receiver or trooce for anv of the Sellers property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftemt used or the interpretation ofthe agreement and the rights afall parries hereunder shall be constnml under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eascS where the Seller is to perform work hereunder. including the services of Sellers Representalive(s), On the premises of alhers. 17. SELLERS RCSPONSIHILITY. The Scllm,boll entry On said work at Scllcrs own risk until the snore is filly completed and accepted, and shall. in ease of any accident dwouction or injury to the work and/or materials before Seller's final completion nod acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Pimehaxer. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive. Orland, store and handle same at the site and become responsible therefor as though such materials and/or equipment acre being furnished by the Seiler under the order. 18. INSURANCE, The Seller shill, at his own expenseprovide for the payment of workers compensation, including occupatinnrl disease benefits In it employees employed on Orin connection with the work covered by this purchase Order, and/or to 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 automobile public liability insurance with bodily injury and death limits of m Icz,r St00,000 for any One person, S506.006 for any am accident and pmperty 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 of the Seller, or his contractors employees shall do any work upon the prendses of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumnee bare been provided. Such eenificams shall specify the date when such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees chat such compensation and insurance shall be maintained until niter the entire work is complete(] and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury ofnny kind or nature whatsocecr to persons or pro," caused by or resulting from The execution ofthe work provided for in this purchase Orticror in eonacclion herewith. The Seiler will indemnify and hold hamles the Pnchascr 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 in Persons Or pmperty to which [tic Purchaser may be put or saucer by reason of any act, action, neglect. Omission or defauh on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case onv snit 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, ontissian Or default of the Seller Of any of his contraemrs or any of its or their officers, agents Or employees as aforesaid, the Seller hacby agrees In assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fee, and other expenses, any and all judgment, Thal may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such slits or other proceedings, and in cove judgment or other lien be placed Orion or Obtained against the property Oldie Purchaser. or said parties in Or as a result ofsuch suits or other pmccedings. the Seller will at Once cause the same In be dissolved and discharged by giving bond orothcnvise. The Seller and his contractors shall take all safety pmcoutions, famish and install all gnarls necessary for the prevention Of ,accidents, comply with all laws and regulations with mgmd to safety including, bill without Iimimtion, the Occupational Safcy and Health Act of 1970 and all odes and regulations isucl pursuant therein. Revised 0312010