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HomeMy WebLinkAbout165206 COLORADO STATE UNIVERSITY AMERICAN FISHERIE - PURCHASE ORDER - 9123473City of Fort Collins PURCHASE ORDER Date: 06114/2012 Vendor: 165206 COLORADO STATE UNIVERSITY AMERICAN FISHERIES SOCIETY COLORADO STATE UNIVERSITY 1474 CAMPUS DELIVERY PO Number Page 9123473 1of2 This number must appear on all invoices, packing slips and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 06/14/2012 / Buyer: JAMES O'NEILL Note: Line Description j' Quantity UOM Unit Price Extended Ordered Price Course refund jf 1 LOT EA 100.00 i i Total $100.00 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt fmm stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the term, and conditions hcrcnL failure or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). exercise any rightS or remedies plaided herein or by law, failure to promptly notify the Seller in the event of a breach, the aceeptnnce ofor payment for good hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in mein specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Transit, may he Trimmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or rcmedics as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor 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 me subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize That in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection powedures. violations arc in fact home by the P rchascr. Theretofore, for good cause and as consideration for executing this parehasc orelcr, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fort Collins. 700 Wood St. Pon Collins, CO 90522, unless acquired under federal or state antitrust Imes for such mercharges relating to the particular goods or services otherwise specified on this order. If pemmiuion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ordei, bill 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 Tribe Purchaser differs the Seller to correct nonconforming or defective goods by a date to be aged upon by the expelled fmm the nearest distribution point to destination, and excess freight will be deducted fear, Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs ... acimcd with such an. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, reguations, ordinances and tales of the state, municipality. seminary or political subdivision where the work is perfumed, or required by any other duly constituted public authority hivingjurisdiclion over the work of vendor. Seller farther agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of as asserted or established violation of any such Imes, regulations, ordinances, mles and mquircmcnts. Authorization. All panics to this contact agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order cvpressly limits acceptance to the tans 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 sellci am ohiccted m nail hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 doeumens attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. 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 del aye due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault afncgl igeace, such acts a(God, acts of civil or of ilitary authorities. governmental priorities, fireS, strikes. Bond, epidcm ics, 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 dcl ivory shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wamnts that all good, articles, materials and work covered by this order will conform with applicable drawings, spccificfamms, samples and/or other descriptions given. vill be fit for the purposes intended, and perfommed wish the highest doge of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from ore, loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller .shall replace, repair or make good, w'ithrnn cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable wamnty pmvided by the Seller a0cr the dice of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), recalling fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall no, constitute a waiver ofany claim under this warmnty. Except as athenvise provided in Iris purchase order, the Sellers liability hereunder shall extend to all damages pmsimately caused by the bench of any of the foregoing wamntics tr guaamers, but such liability shall in na event include Inns ofprofits or loss of usc. 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 toms, other than legal teas, including nddininns to or deliuma, from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofparfomance 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 ceptimble adjustment between the parties as to any work or materials then in progress presided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the SCBCTS standard stock. No such termination shall relieve the Purchaser ar the Seller of any of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Aav claim far adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goads sold hermmder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws ,ad regulations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect orevidcnea complinncc. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and held the Purcha cr hamdec from all costs sad damages suffered by the Purehascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. Transfer, or curacy this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr ammnt, full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and ilcros fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any Her fmm all liability and claims of any nature resulting from the performance ofsuch work. This release slmll apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations. including warranty. shall not be deemed to be reduced. in any way, wcause such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nsc any design, device. material or process covered by letter, patent. Trademark or copyright, the Seller shall indemnify and serve harmless the Purchaser from any and all claims for infringement by reason of the use of such p ucracd design, device, material or process in conneetian with the contract. and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aficr the completion of the work. In ease said equipment ar any pan theffaf or the intended use of the goods. is in such suit held to constitute infringement and the use of slid 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 slid equipment or pans, replace the same with substantially equal but nnninfringing ec oupownt or modify it so it heeomcs noninfringing. 15. INSOLVENCY. If the Seller shall Income insolvent or honkmpt, make an aaignmcnt for the henefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith he canceled by the Purehemr without Iiabiliry- 16. GOVERNING LAW. The definitions oftcros used or the interpretation afthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Ivs of the Stale of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scniccs of Scllcrs RGprcsemativeisk on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Sellers own risk until the sums is fully completed and accepted, and shall, in case of any accident, destamtion or injury to the work and/or materials before Seller's final completion and ncccpamcc, complete the work it Sellers own expense and to the mlisf ction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. The Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or cquipmcnt were being furnished by the Seller tinder the order. 19. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease hinuclus. to its employees employed on or in 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 at least 5300,000 for any one person. S500,000 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 of the Sellers or his contractors employees shall do any work upon the promises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificatcs shall specify the date when such compensation and insurance have been provided. Such cenificatcs shall specify the date when such conmpensation and insurance expires. The Seller agrees that such cornpensmian and insurance shall be maintained until a0cr the entire work is completed and Trumcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnmes the entire responsibility and liability for any and all damage, loss or injury crafty kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss 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 on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he hroaght against the Purchoscr, or its officers, agents or employee at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby ages to assume the defense thereof and to defend the suns at the Scllcrs 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 ar their effects. agents or employees in such suits or other proceedings, and in case judgment or other Bea be placed upon or obtained against the Pmperry of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, firniSh and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to c fety including, hot without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant Ihcmto. Revised 0312010