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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9123027PURCHASE ORDER PO Number Page City Of 9123027 I of 2 ' `t Collins on all i tuber mustpacking F6r` on all invoices, packing slips and labels. Date: 05/23/2012 Vendor: 102552 Ship To: NEIGHBORHOOD 8: BUILDING S C S U CASHIER'S OFFICE CITY OF FORT COLLINS 6015 CAMPUS DELIVERY 281 N COLLEGE AVE 118 LORY STUDENT CENTER FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80523-6015 Delivery Date: 05/23/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price CSU Comm Liaison 1/2 Sal 1 LOT LS 7,211.68 Jan -Jun 2012 Total $7,211.68 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 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. fly statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Niarwr is 98-04562. Fcdaal Excise Tax Exemption Cci ificme of Registry 94-01,00N1597 is registered with the Collector of Internal Revenue. Denver, Colorado (Rcf Colorado Revised Statutes 1973, Chapter 39-26, 114 id. Goads Rejected. GOODS REJECTED due to failure to meet .specifientime. 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 fmm the City of Furt Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NON W Al V ER. Failure ofthe Purchaser to insist upon strict performance ofthe toms and conditions hereof, failure or delav to exercise any rights on remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design. shall not release the Sciler of any of the wammics or obligations of Ihis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfammucc hcrenfor any of its rights er remedies as to any such gads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purpaned call madifiemien or rescission of this pinchase order by the Purchaser operate 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 CLAI MS, mahmucif payment an the part of the City of Fort Collins. However, it is to be undcrstad that FINAL Seller and the Purchaser recognize that in actual cconamic practice, overcharges resulting from ratimrs ACCEPTANCE is dependent upon completion ofrll applicable required inspection procedures. violations are in fact battle b7 the Purchnscr. Thcremforc, for gad cause and as consideration for executing this purchase aloe the Seller hereby assigns to the Purchaser any and all claims it may now have or hercafler Freight Terms. Shipments must be F.O.H., City of From Collins, 700 Wand St.. Fort Collins. CO 90522. unless acquir.l under federal or state antitrust Imes for such overcharges relating to the particular gads or services otherwise specified on this order. If permission i5 gt\'en to pimply freight and charge .separately, the original freight purchased ar acquired be the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manafncmrcrs have distributing points in various pans of the comttry. shipment is If the Purchaser directs the Seller to correct nonconforming or defective gads by a date to be agreed upon by the expected fmm the nearest distribution point to do titration, and excess freight will be deducted fmm Invoice when Puchaser mud the Seller, and the Seller Ihcrclficr indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means nvailahle to it, and the Seller shall pay all costs associated with such Wmk. Pemnits. Seller shall procure at sellers sole cost all necessary permits, ecnificatcs and licenses required by all applicable laws, regulations, ordinances and rates of the state. municipality, territory or political suhlivisina where the work is performed, or required be any either dirty constituted public authority having jurisdiction orcr the walk of vrndor. Seller further i grccs to hold the City of Fort Collins hamless fmm and against all liability and Inc incurred by them by reason of as ..,,coed or established violation of any such Iaws, regulations, om]inrnces, ales and requirements. AuthoriLmion. All parties to this contract agree that the representatives are. in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Ices and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpornted herein by reference. Any additinnal ordifferent tomes and conditions proposed by seller ire objected to and hereby reject.]. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents ranched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operators a waiver of -this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hrrsccver. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofeivil or military authorities. governmental prinutics, fires, strikes, flood, epidemics, wars or riots provided that notice ofihc conditions craning .such delay is given to the Purchascr within fire (5) days ofthe time when the Seller first received knnssiedge 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. WAR RANTY. The Seller is amnts that nil goads, articles, ma serials and work covered by this outer will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fat for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work urn similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur noncontract of the Sellcrs breach of wamnty. The Scllcr shall replace, repair or make gad, withont cost to the purchaser, any defects or faults arising within one (1) year or within such longer perial of time as may he prescribed by law or by the Isms array applicable wamnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed), resulting fmm imperfect or defective work done ar materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this wamnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately nosed by the breach of any of the foregoing wmrmaics or guamafces, but such liability shall in nn event include loss of profits or Loss of usc. NO IMPLI ED WAR RANTY 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 TERATS. The Purchaser may make any changes to the terms, other than legal terms, including additions In er deletions from the quantities originally contemn in the specifications or drawings, by verbal or rvritwo change order. If any such change affects the amount due or the time of perfarmancc hereunder, an cquitahle adjustment shill be made. 6. TERMINATIONS. The Purchaser may at any time by written change odor, terminate this agreement as to any or all portions of the goads then not shipped, subject to any cquimblc adjustnieto betwomr the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated pearl, an the unenmpleted Portion of the gads and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any gads which arc the Scllcr; standard stack. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be assencd within thirty (30) days (roan the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller aamnts that all good 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 harmless from nil costs and damages saffcred by the Purchascr as a result of the Sellcrs failure to comply with such lass. 9. ASSIGNMENT. Neither party shall assign, tort fen or convey this odor, or any monies due or to become due heremder without the prior written consent of the other pate. 10. TITLE. The Seller wemnts full, clear and onnospicual title to the Purchaser for all equipment, materials, unit items furnished in performance of this agreement, free and clear of any and all liens, restrictions, msmatians, security interest cncumbmnccs and claims of others. The Seller shot[ release the Purchaser and its contractors array tier from all liability and claims of any nature resulting I'mm the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. efrecrs and employees ofsveh party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be pedbrmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use miv design, device material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser room any and all claims for infringement by reason of the use of such patented design, device. material or process in correction with the contract. and shall indemnify the Purchaser for any cant. expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any part flumaf or the intended use of the goods, is in such suit hold to constitute infringement and the use of said equipment or part is enjoined, the Seller shall. at its own expense and at its option. either procure for the Purebasm the right in continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it sir it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definidions of terms ,red or the interprmatim ofihc agreement and the rights of all parties hereunder shall be coaatm xl under and governed by the Imes of the State of Calomdo. USA. The following Additional Conditions apply only in cases where the Seller is to pafnm work hereunder. including the services of SCIIcrs Represcroance(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the sane 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, connplem the work at Sellers own expense ad to the satisfaction of the Purchnscr. When materials and cquipmcnt are furnished by offices 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 cquipmcnt were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of starkers compensation, including occupational disease benefits. to its employees employed on or in connection with the work corcrcd by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is In he 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 limit, of at [cast Slo0.000 far any one person, $500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his conaaelors, if any, to provide for .such couipenmtion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcm iscs Mothers, the Sellcr shall famish the Purchaser with a certificate that .such compcnmtion and insurance have been provided. Such certificates 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 Scllcr agrees that such compensation and insomace shall be maintained until after the entire work is completed 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 crony kind er nature wbru,ocvc, to persons or property caused 1w or resulting from the execution of the work provided for in it... purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any ar all of the Pnrchascrs officers. agents and employees from and against any and all claims losses. damages. charges or expenses, whether direct or indirect, and whether in persons or preperty to which the Purchascr may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cane any suit or other proceedings shall be brought against the Purchascr, or its officers. agents or employees at o ly time on account or by reason of tiny act, action, neglect omission or default of the Seller of any of his eontocars 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, attorneys fees and other expenses any and all Judgments that may be incurred by or obtained against the Purchaser or any of its or their oReers. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofihc Parchmcr. or said panics in or as r result of such suits or other proceedings. the Scllcr will at once cause tine same to be dissolved and discharged by giving bond or othens isc. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bra without limitation, the Occupational Safety and Health Act of 1970 rand all macs and regulations issued pursuant therem. Revised 03/2010