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HomeMy WebLinkAbout277378 CITY OF LOVELAND - PURCHASE ORDER - 9122250City OfPURCHASE ORDER PO Number I Page 9122250 t of 2 Collinss This number must appear Coro ,�—,J`-' ` on all invoices, packing slips and labels. Date: 04/1912012 Vendor: 277378 Ship To: PURCHASING DIVISION CITY OF LOVELAND CITY OF FORT COLLINS ATTN: CINDY SCYMANSKI 215 N MASON, 2ND FLOOR 500 E THIRD ST FORT COLLINS Colorado 80524-4 LOVELAND Colorado 80537 Delivery Date: 04/19/2012 Buyer: DAVID CAREY Note: Line Description Quantity Ordered UOM Unit Price Extended Price MAPO Dues for 2011 and 2012 1 LOT EA 70.00 for Web Site Registration Annual Registration: $35.00 Total $70.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smnthe the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of I ntcmal Rn enure, Dcnvcr, Colomdo (Ref. Colomdo Revised Smmtes 1973. Chapter 39-2fi. 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 rearmed to you for credit and arc not m be replaced except upon receipt of written instructions from the City of Fort Collins. Inspect ion. GOODS ate subject to the City of Fort Collins inspection on arrival. 11. NON\VAI V ER. Failure of the Pumhaecr to insist upon strict perfomance of the terms and conditions hereof. failure or delay in exercise any rights or remedies pmvidcd hcmin or by law, failure to pmniptly notify the Seller in the c%cnl of n breach, the acceptance ofor payment for goods hereunder or approval ofthe design. shall not wlcnsc the Seller of ,any Of the wammjes or obligations of this purchase order and shall not he deemed a oniver of any right of the Purchaser to insist upon strict perfomancc hereafor any of its right or remedies as to any such goods, regardless of when shipped, received or accepted as to any prior or subsequcm default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Aeceronce. Receipt of the merchandise, services or equipment in response to this order eon result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Ilowever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ecmmmic practice, overcharges resulting from ntnimi,r ACCEPTANCE. is dependent upon completion of all applicable required inspection pmeedurcs, violations are in fact borne by the Purchaser. Theremlum. for good cause and as consideration for cxcctning this purchase order, the Seller hcrcby assigns to the Purchaser any and all claims it may now have ar hereafter Freight Terms, Shipments must be F.O.R., City of Fort Collins 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust Inws for such overcharges relating to the particular goods or services otherwise specified on this Orden If remission is given to prepay freight and charge separately, the origimel freight purchased Or acquired by the Purchaser pursuant to this purehnse order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLIiRS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in various parts of the country. shipment is Iflhe Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected Form the nearest distribution point to destitution. and excess freight will be deducted Tom Invoice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability orunw'illiagness to conmply, the Purchaser shipments arc made fmm greater distance. may crate the work to be perfumed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work_ Permits. Seller shall preens, at sellers sole cost all necessary permits. eenjficates and licenses required by all applicable Imes. regulations ordinances and rules of the state. municipality, tcrnmor or political subdivision where the work is performed, Or required by any other duly constituted public authority having junsdictinn over the walk of vendor. Scllcr Father agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incumd by them by reason of an ac cned or established violation crafty such laws, regulations, ordinances. talcs and requircmcuts. Authorization. All parties to this contract agree that the rerresentatives are. in fact burn fide and possess full and complete authority to bind said panics. LIMITA IION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated hercin set fnrh nail any supplementary or additional tcmt and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller nor objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately jf)'nu cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Dclivcn' and performance must be effected within the time stated on the purchase order and the documents attached herclo. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opcone as a waivcr of this provision. In the event ofany delay. the Purchaser shall have, in addition to other Icgal and equitable remedies, the option of placing this order else,hcm and holding the Scllcr liable for damages. Hawevet the Seller shall not he liable for damagcs as a result of delmx due to cmrccs not reasonably foreseeable .which arc hcyrad its reasonable control and without its fault of negligence. such acts of Cad, acts of civil or military authorities, governmental prion tics, fires, strikes, flood, cpidcm ics, wars or riots provided that not ice 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 dcl ay. the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 1. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dmwinp,. specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed 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 form any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w'armnty. The Scllcr shall replace. repair or mrke good without cast to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by Im%or by the terms ofany applicable ..am provided by the Scllcr afer the date of acceptance of the goads furnished hereunder (acceptance nor to be unreasonably delayed). resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waivcr ofany claim under this wamnty. Except as mhcrwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damagcs proximately caused by the breach crafty of the Inferring aamntice or guaranties, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED \YARRAN'I'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE, SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by oninen change amer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or dcletinns from the qunfunw, Originally Ordered in the specifications or drawings, by verbal or vvnoten change order. If any such change affects the amount due or the time Ofperfnmanec hercnnder, an equitable m1m, meat shall he made. 6. TERMINATIONS. The Purchaser cony at any time by wTittcn chance order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrec pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andfor work, for incidental or consequential damagcs, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Scllcrs standard stock. No such teminatint shall relieve the Purchaser or the Seller crafty of their obligations as to any goods delivered hacunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or tcmtinatina is onlcrcd. R. COMPLIANCE WITH LAW. The Seller %rarmnts 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 good are subject. The Seller shall execute and deliver such duenments 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 hercin by this reference. The Seller agrees to indenmify and hold the Purchaser hamless Form all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, many mnnics due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wma nu full, clear and unrestricted title to the Pnahx cr for all equipment, materials, and items furnished in perfnmanec of this agrccmcnt, free and clear of any and all liens, rcatfictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors array her from all liability and claims of ony nature tesnhing Form the Performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimdom, officers end employees ofsuch party. The Scllcr',, contractual obligations, including warranty, shall not be deemed to be reduced, in any way, heceuse such work is performcd or caused to be performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to use nny design. device. ntmerial or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, mnterinl or process in connection with the contract, and shall indemnify the Purchaser Fortuity cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its own expemc and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but m %infringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt. make an nssigmmcnt for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order mry' forthwith he canceled by the Pumhascr without liability. 16. GOVERNING LAW. The detinhions ofterms used Or the ialerprcation ofthe agrccmcnt and the rights ofml potties hereunder shall he construed under and govcmed by the Imvs ofthe Stale of Colomdo, USA. The fallowing Additional Condition, apply Only in cases %%here the Seller is to perform work herennden including the scniccs of Sellers Reprcsentmive(e), on the premises of nthcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said walk at Scllcr's own risk until the same is fidly completed and accepted. and shall, in case of unv ueddemt destruction or injury in the work and/or materials before Seller's final completion and ,acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. k%hcn materials and equipment are furnished by others for installation or erection by the Seller, 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 order. 19, INSURANCE. The Scllcr shall, at his own espemc, provide for the paymcm of workers compensation. including Occupational disease benefits, to its employees employed on or in connection with the work cowered by this purchase order. andlor to their dependents in accordance with the laws of the state in which the work is to be danc. 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 at (cast 5100.000 for any one person, S500.000 for any one accident and property damage limit per accident Of S400.000. The Scllcr shall likewise require his contractors, it any, to provide for.such eompensmion and insurance. Before any of the Scllcrs Or his contractors employees shall do mnv work upon the prcnt ises of nthcrs, the Seller shall furnish the Purchaser with a cenificmc that such compensation and insurance have been provided. Such certificates shall specify the date when such comrcnsation and insurance have been pmvidcd. Such eenifieatcs shall specify the date when such compensation and insurance expires. The Seller agrcu that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcby ac umcs the entire responsibility and liability for nny and all damage, loss or injury army kind ar moors %vh.t,mvcr to persons or pmpcnv caused by Or resulting from the execution of the work providedfor in this purchase Oder or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and anv or all critic Purchasers oI tans. agent mul empinyxres form and against any and all claims, losses. damages. charges or expenses. whether direct or indirect. and wheher to persons Or pmpenv to which the Purchaser cony he put or subject by reason of any act, action, neglect omission or default no the pan Of the Scllcr, any of his contractors. Or any of the Sellers or contractors ofiecrs, agent or employees. In case any stil or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account Or by reason offlay act, action. neglect, omission Or de(atdt ofthe Seller of any of his contractors Or any of its or their officers, agents or employees as aforesaid, the Seller hcrcby agrees to assume the defense Ihcrcof and to defend the same at the Sellers own expense. In pay any and all costs, charges, arnmcys fees and other expenses. any and all judgments that may be incurred by or ohluined against the Purchuser or any Of its Or their officers. ngetns or employees in such suit or other proceedings, and in case judgment or other limn be placed upon Or obloned ngninet the property ofthe Purcheser. or said parties in or as a result of such suits mother proceedings, the Seller will at once cause the same to be divnihed and discharged by giving bond or olhenvim. The Seller and his contractors shall lake all safety preenutions, furnish and install all guards necessary for the prevention of accidents, comply with all lams and regulations with regard to safety including. but without limitation, the Occupational Safcty and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010